This guide, 'Identifying The Right Custodians In Electronic Disclosure', is for UK lawyers, in-house counsel and investigators.
Guide · 23 pages · 30 min read · Published 2026-08-29
This guide, 'Identifying The Right Custodians In Electronic Disclosure', is for UK lawyers, in-house counsel and investigators. It covers the distinction between custodial and non-custodial sources, and methods for selecting custodians from issues to people. The guide addresses difficult categories such as shared mailboxes, department a l repositories, service accounts, automated data, and former employees. It also details organisational data, edge cases like delegates and contractors, and the custodian interview process. Common mistakes, technical limitations, and questions for opponents and providers are included, alongside a checklist, red flags, and frequently asked questions. This resource helps practitioners navigate electronic disclosure effectively.
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23 pages · 30 min read
This guide, 'Identifying The Right Custodians In Electronic Disclosure', is for UK lawyers, in-house counsel and investigators.
Published by Computer Forensics Lab on 2026-08-29. Original material of the practice, free to read, cite and download. See every guide's author and source.
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CUSTODIAN IDENTIFICATION · A GUIDE FOR UK LAWYERS Identifying the Right Custodians in Electronic Disclosure People, Shared Sources and Organisational Data COMPUTER FORENSICS LAB DISCOVERY. UK
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 What is a custodian? The concept in plain English 03 Custodial and non-custodial sources: the distinction that organises everything 04 Selecting custodians: from issues to people 05 The tiering decision tree 06 Shared mailboxes 07 Departmental repositories 08 Service accounts and automated data 09 Former employees 10 Organisational data: CRM, ERP and the systems with no custodian 11 Edge cases: delegates, contractors, directors and group identities 12 The custodian interview: question set and method 13 Common mistakes and technical limitations 14 Questions for the opponent and the provider 15 Suggested wording for instructions 16 Checklist and red flags · When to involve a digital forensic expert 17 Frequently asked questions 18 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE ANSWER: WHAT IS A CUSTODIAN?
§ 02 · FIRST PRINCIPLES What is a custodian? The concept in plain English FOR THE PRACTITIONER ON E CUSTODIAN: "A. PATEL, COMMERCIAL DIRECTOR" T YPICALLY BUNDLES
§ 03 · THEDISTINCTION Custodial and non-custodial sources: the distinction that organises everything CUSTODIAL SOURCES NON-CUSTODIAL SOURCES
§ 04 · METHOD Selecting custodians: from issues to people DECISIONS TEST
§ 05 · THEDECISION The tiering decision tree QUESTION1 YESNO QUESTION2 QUESTION3 QUESTION4 EXCLUDE, WITHREASONSBUTRE - RUNONCHANGE
§ 06 · DIFFICULTCATEGORIES Shared mailboxes IDENTIFICATIONQUESTIONSTHATFINDTHEM
§ 07 · DIFFICULTCATEGORIES Departmental repositories
§ 08 · DIFFICULTCATEGORIES Service accounts and automated data
§ 09 · DIFFICULTCATEGORIES Former employees 2 · Inventory what survives. Per leaver: mailbox (live, archived, or exported before deletion), One Drive and • 3 · Assess control and cooperation. Company-held data is squarely in the client's control. Data on the •
§ 10 · DIFFICULTCATEGORIES Organisational data: CRM, ERP and the systems with no custodian
§ 11 · EDGECASES Delegates, contractors, directors and group identities CATEGORY THE ISSUE THE HANDLING
§ 12 · THEINSTRUMENT The custodian interview: question set and method ROLEANDIN VO LV EMENT 3 · Who held your role before and after you? Who covered your absences? • IDENTITIESANDCHANNELS 5 · Every messaging channel used for anything work-related: Whats App, SMS or i Message, Signal, Telegram, • STORAGE AND SYSTEM S 10 · Any personal cloud storage, personal devices or home equipment used for work in the period? • 11 · Any spreadsheets, trackers or in form a l databases you maintained that others relied on? • DEVICESANDEVENTS 13 · Since [the dispute arose], have you deleted, exported, moved or tidied anything potentially relevant, or • CLOSINGTHERECORD 15 · Read-back and c on firm at i on: the custodian reviews the noted answers, corrects, and signs or c on firms by •
§ 13 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 14 · INTERROGATORIES Questions for the opponent and the provider Ask your opponent (DRD / EDQ / correspondence) Ask an e Discovery / forensic provider
§ 15 · DRAFTING AIDS Suggested wording for instructions SYSTEMOWNERNOMIN AT ION ( INTERNALINSTRUCTION )
§ 16 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The custodian checklist Red flags When to involve a digital forensic expert
§ 17 · COMMON QUESTIONS Frequently asked questions What is a custodian? How many custodians is normal? Is a shared mailbox a custodian? Do former employees count as custodians? Is the CEO automatically a custodian? Can we add or remove custodians after the DRD?
§ 18 · 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
45 pages · 86 min read
Whether you are responding to a regulator, preparing for disclosure, or scoping an internal investigation, start the chain of custody with a short, confidential conversation.
