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DMSEVIDENCE · A GUIDE FOR UK LAWYERS Document Management Systems in Disclosure iManage, Net Documents and the Version History That Decides Professional Disputes COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM ACCESS-HISTORY ANALYSIS CPR PART 35 EXPERT REPORT S FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the drafting record as witness 03 DMS anatomy: workspaces, profiles, versions and filed email 04 Histories: versions, access logs and activity trails 05 Collection: extracting matters without flattening them 06 Privilege and third-party complications 07 Departing fee earners and DMS exfiltration 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: THEDMSKEEPSEVERYVERSIONANDLOGSEVERYTOUCH: COLLECTITSOBOTHSURVIVE
§ 02 · FIRST PRINCIPLES The problem in plain English: the drafting record as witness
§ 03 · THE SYSTEM DMS anatomy: workspaces, profiles, versions and filed email
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§ 04 · THEHISTORIES Histories: versions, access logs and activity trails
§ 05 · GETTINGITOUT Collection: extracting matters without flattening them
§ 06 · WHOSE PRIVILEGE Privilege and third-party complications
§ 07 · THELEAVINGPARTNER Departing fee earners and DMS exfiltration
§ 08 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE SYNC CO-ADVISER DMS EMAIL BACKUPS / DELETED / (NATIVE) ESTATE ARCHIVES RECOVERABLE DEVICE / CLIENT & CACHES COPIES
§ 09 · IN THE WILD Worked examples EXAMPLE1 · THECLAUSETHATVANISHEDBETWEENVERSIONS EXAMPLE2 · THEPARTNERWHOREADNINETYFILESINAWEEK EXAMPLE3 · THEFLATTENEDPRODUCTION, UNFLATTENED
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§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider SUGGESTED WORDING · DMSLIMBFORTHEPRESER VAT I ON LETTER
§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The DMS checklist Red flags When to involve a digital forensic expert
§ 13 · COMMON QUESTIONS Frequently asked questions Is a former client entitled to the firm's DMS versions, or only the final file? Can the DMS prove who actually made a disputed edit? The firm migrated DMS three years ago and history "starts" there. Suspicious? What can be proved about a fee earner who "just looked" at files before leaving? Our opponent's DMS is cloud-hosted. Does that change anything? Are saved document comparisons really that important?
§ 14 · REFERENCE Glossary Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, Document Management Systems In Disclosure, Computer Forensics Lab, https://e-discovery.uk/library/document-management-systems-in-disclosure/pdf.