#556: Hidden Data: What Lawyers Need to Know About Digital Forensics, with Cole Popkin

Apr 24, 2025

Cole Popkin, a senior digital forensics analyst at Proven Data, enlightens listeners on the crucial role of digital forensics in law. He explains how understanding digital evidence—from deleted text messages to metadata—can significantly impact various cases, including personal injury and family law. Cole busts myths around encryption and warns of unintentional data leaks. He also underscores the importance of cybersecurity practices for attorneys, offering practical tips to safeguard client information in a tech-driven legal landscape.

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INSIGHT

Digital Forensics Scope

Digital forensics covers any device or file containing data, including phones, computers, videos, and emails.
Practically everything can be analyzed for information useful in legal contexts, whether for or against a client.

ANECDOTE

Timeline Proved Client's Alibi

Cole built a timeline proving a client accused of armed robbery was 30 minutes away during the crime.
This example highlights how location data can decisively impact criminal defense cases.

ANECDOTE

Vehicle Forensics in Injury Cases

In personal injury cases, vehicle forensics can reveal location, speed, and phone connections to a car.
A stolen vehicle case used Bluetooth addresses to show a phone was connected when the theft happened.

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Recorded live at the ABA Techshow, Zack Glaser interviews Cole Popkin, a digital forensics senior analyst at Proven Data, to shed light on the increasingly relevant field of digital forensics for legal professionals. Cole shares how understanding the basics of digital forensics can benefit lawyers in all practice areas, from litigation to transactional work and firm management.

Cole explains the types of information that can be recovered from digital devices, even after deletion, and addresses common misconceptions surrounding encryption. He also reveals the potential for unintentional data leaks and provides practical, actionable steps lawyers can take to enhance their digital security and protect client confidentiality.

You'll also hear Cole explain the direct relevance of digital forensics to specific legal scenarios, such as how deleted text messages and metadata analysis can be crucial in personal injury and family law cases.

So, join us for this episode, recorded live at the ABA Techshow, and get a realistic and accessible overview of digital forensics that will empower you to be more informed and secure in your use of technology, all without needing to become a forensics expert.

Listen to our other episode about data security:

#512: Tech Things You Should Know but Are Too Afraid To Ask, with Zack Glaser Apple Podcasts | Spotify | Lawyerist
#481: Getting Clients into the Cloud, with Laura Kaminski from ShareFile(Sponsored) Apple Podcasts | Spotify | Lawyerist

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Chapters:

0:00 - Introduction: Digital Forensics Beyond Litigation

3:08 - Real-World Applications: Building Timelines & Location Data

4:35 - The Unexpected Data in Your Car: Vehicle Forensics

6:33 - Uncovering Information on Phones: Beyond Text Messages

8:55 - Protecting Yourself and Your Clients: Security for Attorneys

11:57 - Surprising Discoveries: Height Analysis from Video & More

14:35 - The Evolution of Digital Forensics