IT Forensics · Private Individuals

How can a private expert report help before an expensive legal dispute begins?

Many legal disputes hinge on a single technical question: Was the email actually sent? Has the file been altered? Did anyone access the account? An independent expert opinion, obtained before legal proceedings are initiated, clarifies whether one’s own position is technically sound – before court and legal fees are incurred.

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Why this question is important for private individuals

When digital evidence becomes relevant to a solicitor, an insurance company, a public authority or a court, a mere assumption or a screenshot is often not sufficient. What matters is what technical conclusion can actually be drawn from the evidence provided.

Technical background

During the proceedings, the court may appoint its own expert; this takes time and costs money. An early independent expert report can demonstrate that an allegation is technically untenable, or help to organise your own evidence in such a way that settlement discussions are conducted on a more sound basis.

Relevant evidence and data sources

• Depending on the matter in dispute: email inboxes, documents with metadata, devices, accounts

Borders

• A private expert report is not binding on the court.
• The result may well go against one’s own position – that is part of its value.

Possible results

• Assessment of whether the technical claim can be substantiated
• Basis for settlement negotiations

Why LanCologne?

A private IT forensic report is not a means of automatically lending greater weight to one’s own claim. Its value only arises when the technical question of evidence is clearly formulated, the data set is preserved in a transparent manner, and the findings are established independently of the client’s wishes.

Here’s how we do it

• We will work with you or your solicitor to formulate the technical question precisely.
• Preliminary assessment as to whether the available data allows for an answer.
• Assessment and expert report providing clear conclusions on capacity and limitations.

A privately commissioned study does not mean it was conducted in a biased manner

The commission is paid for by a private individual. However, this must not influence the findings of the investigation. If the data refutes or does not confirm a claim made by the client, this must also be included in full in the report.

Understandable for lawyers and reproducible for forensic scientists

The main body of the report answers the technical question in clear, accessible language. The technical appendix documents the key data sources, backup statuses, artefacts, time references, integrity information and validation steps. This enables another qualified expert to carry out a technical review of the derivation.

Legal and procedural framework

In civil proceedings, the court decides, in accordance with Section 286 of the Code of Civil Procedure (ZPO), having regard to the entire substance of the proceedings and the outcome of any taking of evidence, on the basis of its free assessment of the evidence, whether a factual assertion is to be regarded as true or false. A privately commissioned IT expert report does not prejudge this judicial assessment of the evidence.

Section 371 of the German Code of Civil Procedure (ZPO) applies to electronic documents. Where an electronic document forms part of evidence by inspection, such evidence is adduced by producing or transmitting the file. Section 371a of the ZPO contains specific rules on the evidential value of certain electronic documents, such as those bearing qualified electronic signatures. This specific evidential value does not automatically apply to ordinary chats, screenshots, photographs or other files.

Evidence from court-appointed experts is governed by sections 402 et seq. of the Code of Civil Procedure (ZPO). Under section 404 of the ZPO, the court hearing the case is responsible for selecting the experts to be called. An expert commissioned privately does not, therefore, become a court-appointed expert merely by virtue of being commissioned by a party.

Different procedural rules apply in criminal proceedings. Section 244 of the Code of Criminal Procedure (StPO) obliges the court, during the main hearing and subject to the statutory conditions, to ascertain the truth, and governs the taking of evidence and applications for evidence. A private technical report may be relevant from a technical perspective for the defence or for the victim’s representative, but it does not replace the state’s taking of evidence.

Section 31 of the Insurance Contract Act (VVG) may be relevant in the event of an insured event. Under this provision, once an insured event has occurred, the insurer may request the information necessary to determine the insured event or the extent of its obligation to pay benefits, and, subject to the statutory conditions, may also request supporting documents. Whether a particular claim exists is not a matter for IT forensics to decide.

LanCologne provides technical facts and a clear explanation of how they are derived. Process strategy, the assessment of evidence, insurance cover, criminal classification and other legal conclusions remain the preserve of lawyers, insurers, authorities and courts.

Why choose LanCologne for a private IT forensic report?

LanCologne does not focus on presenting as many technical details or product names as possible. What matters is the specific question of evidence. We examine the underlying primary data, document our findings and limitations in a transparent manner, and thereby establish a technical factual basis that is designed to withstand critical scrutiny.

Frequently Asked Questions

Related topics

• How can a private IT forensic report help my solicitor?
• Can a private expert report be reviewed at a later date by a court-appointed expert?
• IT Forensics for Private Individuals

LanCologne – IT Forensics for Private Individuals

Do you have a digital enquiry? LanCologne can assist you with an objective, unbiased IT forensic investigation.

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