Digital Evidence First Steps: A Quick Reference for Attorneys

A practical guide for small and mid-size firms to identify, preserve, document, engage support, and utilize digital evidence effectively.


Identify - magnifying glass over phone
IDENTIFY

Map the universe of digital sources

Understand the complete universe of digital sources relevant to your case.

Do
  • Ask clients what devices, accounts, and communication apps they use regularly.
  • Identify potential sources: phones, computers, cloud accounts, social media, vehicles, DVRs, and home automation systems.
  • Consider both sides of communication. If you cannot get it from your client, you may get it from the other party.
  • Note any shared devices or accounts.
Avoid: Focusing only on texts and emails. Evidence often exists in call detail records, backups, or device syncs that help tell a more complete story.
Tip: Ask about two-factor authentication. Clients sometimes reveal additional accounts when describing where they receive verification codes.

Preserve - stop the clock
PRESERVE

Stop the clock on change

Stop the clock on data loss or modification.

Do
  • Advise clients not to delete, reset, or transfer ownership of devices.
  • Send a litigation hold letter to involved parties or service providers to preserve relevant data.
  • When criminal or government records are involved, request that law enforcement submit a 2703(f) preservation to the provider.
  • For civil matters, issue your own preservation request or equivalent legal hold to the relevant ISP, email host, or cloud provider.
Avoid: Assuming data will still be available later. Retention periods can be short, and deletion may be irreversible.
Tip: Preservation is the single most important step. It buys time for analysis, protects authenticity, and prevents accidental loss. If you are unsure how to preserve properly, pause and seek assistance.

Document - checklist
DOCUMENT

Capture context with a concise record

Capture context, not just content.

Do
  • Record who had access to each device or account and when.
  • Photograph devices and screens when you have physical access.
  • Maintain a concise log that tracks what was preserved, when, and how. Supplement it with relevant correspondence such as provider confirmations or returns.
Avoid: Relying on memory. Unrecorded actions create confusion and can weaken admissibility.
Download: iForensic Services Case Evidence Log —
link

Engage - hands raised in classroom
ENGAGE

Know when to bring in support

Know when to bring in professional support and when you can handle it yourself.

Do
  • Recognize that almost every case benefits from forensic input, even if only for guidance or verification.
  • Assess your comfort level, technical knowledge, and available resources before deciding how far you can proceed independently.
  • If a case involves deleted data, large volumes, cloud subpoenas, or opposing expert reports, bring in a digital forensic analyst.
Avoid: Sending devices to repair shops or IT support for data recovery. They can destroy evidentiary integrity and metadata.
Tip: It is not about overusing experts. It is about knowing your limits. Early consultation protects the evidence and your client’s position.

Utilize - keyboard and analysis screen
UTILIZE

Turn artifacts into case-ready evidence

Turn preserved data into defensible, case-ready evidence.

Do
  • Use preserved metadata, location data, and timestamps to confirm or challenge timelines.
  • Tie exhibits back to authenticated sources and documented collection steps.
  • Reference evidence in discovery or testimony with clear attribution to its origin.
Avoid: Introducing evidence without a clear chain of custody or documentation.
Tip: The strongest cases connect digital artifacts to their context. Good documentation allows that connection to hold under scrutiny.

About iForensic Services

This guide and the Case Evidence Log were developed by iForensic Services, a digital forensics consultancy supporting attorneys in civil, criminal, and family law matters.
Visit iforensicservices.com to learn more or request expert assistance.

Disclaimer: This guide is for educational and informational purposes only. It does not constitute legal advice, expert opinion, or a professional engagement.
Attorneys should evaluate each matter individually and consult qualified digital forensics professionals where appropriate. iForensic Services makes no warranties regarding the
completeness or accuracy of this material and assumes no liability for its use.