Why New Engagements Often Need More Conversation
While many of our clients come to us through referrals, often from attorneys or companies we’ve worked with before, we also get a steady stream of new clients who found us by searching online for phrases like “computer forensics” or “digital investigation.” Maybe that’s even how you landed here.
When someone comes to us through a referral, there’s rarely much groundwork needed. The mutual contact has already explained how we can help. But with new clients, there’s naturally more of a learning curve in understanding how we can best assist.
We have to explore questions like:
- Where exactly can we fit into your investigation process?
- What details do we need to know about the issue?
- Why do you suspect there’s something worth investigating in the first place?
This early “dance” is often about building trust, something most people don’t consciously think about when they first reach out to us, but which is absolutely critical to the quality and outcome of the engagement.
Beyond the “Box”: Why We Ask So Many Questions
Sometimes when we start asking questions that stretch beyond what people picture as “searching on a computer,” they’re puzzled or even slightly put off. It’s common to assume a data investigation stays neatly in its own box: just point us to a laptop, iPhone, server, or database, and we’ll dig in.
But real investigations aren’t that simple.
It’s also common to believe that the internal team (or even the client themselves) is in the best position to determine what’s relevant, or how our findings might fit into future litigation. In reality, we often find that an internal-only approach doesn’t capture the full picture.
When we start asking about policies, procedures, the bigger organization, or even specific people involved, it quickly becomes clear why we need a holistic view, not just a piecemeal one. Thorough answers to good questions don’t just help with the immediate investigation. They also help us gauge how likely you are to succeed if this heads toward litigation, and can even help us identify outside counsel we could introduce if you don’t already have someone.
Some examples of critical questions we explore include:
- Did you have solid data protection measures and policies in place?
- Do you own the devices involved, or was this a BYOD scenario?
- Is there actually a deeper organizational issue here, with the suspected incident just a symptom or distraction?
The Value of Full Disclosure (and Why Withholding Hurts You)
Another big piece of this process is trust and openness. Our long-time clients who call us the minute they suspect IP theft (or some other wrongdoing by a recently departed employee) already know how we work. They trust the process. They also know we’ll help them build the best case by providing as much information as possible right up front.
This wasn’t learned overnight. It took time and repeated results to build that level of trust, trust that we would thoroughly investigate, coordinate with both internal and external counsel, and ultimately deliver the strongest possible position.
We’re also patient with new clients. We know it’s a learning curve. And to be clear, most people aren’t intentionally withholding details that could help us. Often it’s just not realizing how critical certain pieces of information might be.
That said, sometimes organizations themselves unintentionally hamper things. Maybe we’re working with someone in IT or security who only sees a sliver of the bigger picture, because information is siloed in HR, legal, or with the executives. Other times, the internal contact might lack experience, or simply stick to what they’ve been told to share.
In the rare situations where a client says, “Just take this minimal data and let’s see what you come up with,” the outcome is almost always disappointing. It ends up being more expensive, less effective, and leaves everyone frustrated. Worse, it risks people wrongly concluding that computer forensics isn’t worthwhile or that the examiner wasn’t competent, when in reality, it was a lack of upfront communication that set the stage for failure.
Working Together for the Best Outcome
So why am I writing all this? Because even though it doesn’t happen often, it does happen. And it’s entirely avoidable.
The bottom line:
- Have a plan.
- Be open to the process.
- Make sure your own internal stakeholders (IT, HR, legal, management) are all on the same page.
It’s far more effective to operate like a well-oiled machine, aligned with us and your counsel, so we can pursue those who’ve wronged you and help ensure you’re properly compensated.
Or to put it simply, as Jerry Maguire famously said: “Help me help you!”
About Swailes Computer Forensics
Swailes Computer Forensics provides expert digital forensic services to law firms, corporations, and organizations nationwide. Our work includes investigations into intellectual property theft, employee misconduct, data breaches, and more. With decades of experience and a commitment to integrity and clarity, we help clients uncover critical evidence and take informed action.
If you’re facing a potential case of employee data theft or have concerns about unauthorized activity, contact us for a confidential consultation.