Q. What are the recommended forensics certifications for legal work?
A. CCE is a non-vendor certification, focusing on methodology, terminology, documentation and standards and will come in very handy when in court. Furthermore, it is a PI requirement in some states; at least one product certification, such as EnCE, FTK, X-Ways, Pro-Discover, and GCFA for incident investigation.
Q. Is it a good or a bad idea to use OCR-based searching for first-pass privilege review in lieu of page-by-page review?
- Good for a first-pass priv review. Segregate the hits and their associated family docs into a "potentially privileged" review set for 1 or 2 atty's to eyeball. Be careful with search terms: searches for a laundry list of atty names and law firm can be over-inclusive. Thus, as an overall strategy to reduce risk at the outset, it's a good idea;
- Great but it depends upon the OCR. Extracted text - yes, paper OCR - no. Use the OCR searches to help your review, but not as a "first pass priv. review."
- Probably a bad idea if they are going to perform a page-by-page review of only those documents brought back by the search and all other documents will be assumed to be non-privileged and will be produced without a page-by-page review. It is DEFINITELY a bad idea if there is no clawback agreement. This situation was dealt with in Judge Grimm's decision in Stanley v. Creative Pipe and resulted in a waiver of privilege;
- The OCR search won't necessarily find potentially privilege documents with client (or attorney) handwritten notes.