Digital Evidence, eDiscovery Law Practice & Law Office Automation

Foundational course for the Bar and the Bench

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Course Content

Digital Evidence & eDiscovery
Law Practice

If you have not yet been served with discovery requests seeking electronic documents or email, the chances are you will soon be. In the likely event you are served, what are your obligations in responding to discovery seeking electronic evidence? Do you possess the technological sophistication necessary to properly advise clients on what to do with regard to preserving electronic evidence once it becomes apparent that litigation is a possibility? When is it appropriate for you to request a computer forensic investigation? What is the current case providing guidance for the costs of producing electronic evidence and what are appropriate sanctions for not producing electronic evidence or failing to prevent it from spoliation? These questions and many more are answered in this topic. 

This topic is covered in modules 1 to 22 of the course curriculum.

Digital Exhibit Management, Authentication, Security & Trial Presentation

ExhibitSecure offers an end-to-end cloud-based electronic Exhibit software and presentation solution that provides best-in-class services, that give law firms, corporations, and government agencies total control over their data, electronic exhibits, workflows that enable them collect, manage, measure, optimize, process, review, unifying all phases of electronic exhibit documentation through trial presentation during litigation.

This topic is covered in module 23 of the course curriculum.

Law Office Technology, Practice & Client Management System

AttorneysBrief is an industry-leading purpose-built, cloud-based solutions for small and medium-sized Legal firms to support a secure and cloud-enabled practice. Our highly differentiated cloud infrastructure puts customers’ business data and vital applications into a virtual workspace accessible anywhere, anytime, and from any device.

This topic is covered in module 24 of the course curriculum.

Training Resource Tools

  • The Book: Digital Evidence & eDiscovery Law Practice in Nigeria

  • AttorneysBrief: Law Practice Management System

  • ExhibitSecure: Digital Exhibit Management, Authentication, Security & Trial Presentation

Course Features

Course Curriculum

Chapter 1: Virtual Environment, Digital culture and the Dilemma of the Judicial Tripod in the 21st Century
Chapter 2: An Overview of the Law of Evidence: The Pre-Digital and the Digital Age, incorporating the Understanding of Integrated Circuits, Binary Digits & their Evidentiary Values

Chapter 3: Understanding Computer System Components, Functions and Their Evidentiary Values
Chapter 4: Digital Evidence Sources and their Evidentiary Values

Chapter 5: Admissibility Foundation for Digital Evidence
Chapter 6: Electronic Document and Admissibility Foundation

Chapter 7: Digital Images as Evidence
Chapter 8: Cellphone Data and Cellular Networks as Evidence

Chapter 9: Social Networks and Digital Evidence
Chapter 10: Satellite Image (Data) as Digital Evidence

Chapter 11: Electronic Banking and Evidentiary Challenges
Chapter 12: Legal Issues Specific to Deoxyribonucleic Acid (DNA) Forensic Evidence

Chapter 13: Logs as Digital Evidence
Chapter 14: Cryptography and Blockchain: The Backbone of Digital Evidence Authentication

Chapter 15: Chain of Custody: It’s Application to Digital Evidence
Chapter 16: Judicial Notice in the Digital Age

Chapter 17: System Malfunction and Integrity Violation: A Case for Section 84 of the Evidence Act, 2011
Chapter 18: Evaluation of Section 84 of Nigeria Evidence Act 2011 and A Critique of the Supreme Court Decisions in Kubor v. Dickson and Kubor v. Sylva

Chapter 19: eDiscovery: An Overview
Chapter 20: The Development of eDiscovery Guidelines, Reference Models/Legal Framework

Chapter 21: An Overview of eDiscovery Development and Application in Different Jurisdictions and Nigeria
Chapter 22: Litigation-Readiness Plan: Getting Ready for eDiscovery

Chapter 23: The Preservation of Evidence and Litigation Hold
Chapter 24: Pre-Trial Conference and Early Exchange of Computer System Information Pursuant to eDiscovery

Chapter 25: Production of Electronically Stored Document
Chapter 26: Accessibility and Inaccessibility Issues in the Production of Electronically Stored Information

Chapter 27: The Principle of Proportionality in Producing Electronically Stored Information in eDiscovery
Chapter 28: Spoliation and Sanctions

Chapter 29: Subject-Specific Sources of Discoverable Electronic Stored Information in eDiscovery
Chapter 30: Freedom of Information Act (FOIA) 2011: Access to Information in the Age of Electronic Record

Chapter 31: The Basic Concepts and Locard Exchange Principle in Digital Forensic Investigations
Chapter 32: Investigators, Prosecutors and Defence Counsel Familiarity with Basic Computer Concepts and Resources

Chapter 33: Locating and Protecting Electronically-Stored Data in Digital Investigation
Chapter 34: Digital Forensic Investigative Tools

Chapter 35: Search and Seizure in Digital Forensic Investigation
Chapter 36: Digital Forensic Investigative Methodology and Techniques

Chapter 37: Application of Digital Forensic Investigative Technique: A Case of Money Laundry in Nigeria
Chapter 38: Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation

Chapter 39: The Emergence of Expert Witness, the Concept of Expert Opinion and Common Knowledge
Chapter 40: Duties and Responsibilities of Expert Witness

Chapter 41: Ethical Issues and Disqualification of Expert Witness
Chapter 42: The Expert Witness Report

Chapter 43: Admissibility of Forensic Expert Evidence in Court
Chapter 44: Digital Forensic Expert Witness in Court

Digital Exhibit Management, Authentication, Security & Trial Presentation

Law Office Technology, Practice & Client Management System

Learning Outcome

On completion of this course as espoused in the video, reading activity, quiz and assessment, participants will be able to understand:

  • The Judges’, Lawyers’, Law Enforcement and Prosecuting Agencies’ Dilemma in 21st Century litigation.

  • The law of evidence: its essence; forms and nature; the concept of document and “original”; witnesses and hearsay rule and the new age conversation.

  • The essential features of hardware and software components of a computer and their evidentiary value in Litigation by Reference to their Inherent Metadata.

Instructors

Course Convener/Instructor

Emeka Arinze Esq.

LLM, M.I.T (info-tech), CBSP (Certified Biometric & Surveillance Professional, CDEA (Certified Digital Evidence Analyst), CCI (Certified Cybercrime Investigator), CFP (Certified Forensic Professional).

Dr. Dominic Ehiwe

PhD, MSc, BSc, FACIDip, CFE

Dr. Godwin Nyong

Ph.D. Artificial Intelligence. BSc, Harvard-MDP, MBA, MSc, BTech, Certified Ethical Hacker (CEH), Security+, CISSP, MCSE: Security, Microsoft Certified Trainer (MCT), Information Systems Professional of Canada (ISP), ITIL, CoBiT, TOGAF

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