Dr. Gordon Moore, the American co-founder of Intel Corporation, accurately predicted in 1965 that density of computing power would double every 18 months, thereby coining Moore’s law. The most visible manifestation of Moore’s law is that computer technology, in all of its widely varying forms, is now deeply embedded in all aspects of our professional and personal lives and is an inescapable part of civil and criminal litigation.
Despite the ubiquity of information technology (IT) issues in the gathering and analysis of evidence for litigation, many attorneys still place all IT experts in a single generic category of “computer” experts. But the scope and depth of expertise can be as varied for an IT expert as for any other specialized field of knowledge. How does a litigation attorney scout for and hire a technology expert witness to serve persuasively during voir dire, a deposition, and at trial? The simple answer is “very carefully.” Ultimately, the decision should be based on both technical competencies and strong interpersonal qualities.
Deciphering the IT Expert’s Technical Knowledge
There are three broad categories into which an IT expert might fall—generalist, specialist, and practitioner—and one expert may fall in all three of these categories for different areas of expertise:
Generalist. A generalist can be ideal to address a diverse and potentially ambiguous mix of technical issues. A generalist should be well versed in a broad spectrum of technology disciplines and have senior management and supervisory experience. A generalist’s familiarity with management practices increases the likelihood that he or she has good communication skills and the ability to articulate complex subjects in a concise and clear manner. The generalist brings an awareness of the underlying technology governance, policies, processes, and procedures.
Specialist. A specialist has a narrow and focused competence based on long immersion in a particular field; for example, specialist knowledge in ethical hacking practices, computer forensics, or data encryption algorithms.
Practitioner. A practitioner has garnered deep “hands-on” knowledge of the necessary practices to conceive, design, deploy, and support technology solutions. These skills are firmly grounded in the practicalities, risks, and stability of implementing technology.
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