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Exploring Together                                                                       

Domain:  Ethics and Code of Conduct


Larry E. Daniel has seven years of experience in computer forensics and has provided computer forensics and expert witness testimony in cases ranging from capital murder to exploitation of a child. Larry Daniel has been published in NC Jury View and is currently writing a series of five articles for this publication on digital forensics. Over the last seven years Larry Daniel has presented at the North Carolina Public Defenders Conference, the North Carolina - South Carolina Public Defenders Investigators Conference, the North Carolina Association of Private Investigators, and at Pembroke University's Forensics Department. Larry regularly teaches Continuing Legal Education classes in North Carolina and other states for attorneys on digital forensics and discovery issues. Larry is a member of the American College of Forensic Examiners and the American Society of Digital Forensics & eDiscovery
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Description:

Ethical conduct must be interwoven into every aspect of a digital forensic professional’s practice.

The role of the expert is to find and present all the facts to the client, independent of the impact on the case at hand. Nothing should be deliberately obscured or omitted that might be either exculpatory or incriminating. It is not the role of the expert to judge the plaintiff or defendant, nor is it the role of the expert to be an advocate. Advocacy is the role of legal counsel.

Presentation of digital evidence should never be on the basis of speculation.

An expert must not misrepresent their qualifications or expertise nor should they accept assignments that are outside their expertise.

Code of Ethics

An Examiner

  • Will not have a financial interest in the outcome of any case.
  • Will diligently work to avoid any conflict of interest.
  •  Will not deliberately obscure or omit evidence that may be either exculpatory or incriminating.
  •  Will present all the facts to the client, without bias and independent of the impact on the case at hand.
  •  Will comply with all applicable laws relating to the practice of digital forensics or e-discovery.
  •  Will not accept cases beyond their level of ability to properly perform the work at the highest standard.
  •  Will remain neutral and without prejudice in the performance of their duties.
  •  Will not misrepresent or overstate their qualifications.
  •  Will regularly attend continuing education in their field.
  •  Will act responsibly in the performance of their duties and in the operation of their practice at all time.
  •  Will not reveal confidential information in their care unless ordered by a court of law or permitted by the owner of the confidential information.
  •  Will not make statements about the guilt or innocence of a client in any matter, civil or criminal.
 
 
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