IT and computer judicial expert

• For general information, see "General Information".

• For information on the types of judicial cases, see "Types of Cases".

• For information about the phases of the computer expert service, see "Phases".

• For information about the expert report (or expert opinion), see "Expert Report".

• For information on ratification of the expert report/opinion, see "Ratification."

• For information on computer expertise, see our "Guide On Computer Expertise".

• For information on Spain and EU basic legislation, see "Laws".

• For multimedia resources, see "Multimedia Resources".

• For information on available CCAA and Provinces, see "Territorial Scope".

• For information about our rates, see "Professional Fee".

• For information on current news related to real cases, see "News" [Spanish].

Preliminary Phase - 1. Initial Contact

• The process begins with the client (or his/her lawyer) contacting U2 lab™, either by email, telephone or through the online form, briefly explaining their case and requesting a quote (free and without obligation).

• In this phase, at U2 lab™ we ask the client (or his/her lawyer) for the necessary basic information about the case in order to determine the status of the case (what phase it is in), the jurisdiction, parties involved, object of the expert report or opinion, calendar/agenda including relevant dates and deadlines, degree of urgency, feasibility, etc.

Preliminary Phase - 2. U2 lab™ Quote

• Based on this basic information, from U2 lab™ we issue and send via email to the client (or his/her lawyer) as soon as possible the "U2 lab™ Quote".

• The quote is always and in any case free and without obligation.

• The quote includes detailed and broken down information on the different elements that make it up, along with their corresponding sub-amounts, as well as the tax base, the VAT rate, the personal income tax withholding (if applicable), the VAT amount and the final amount, for reasons of clarity and transparency.

• Additionally, the quote includes the reference number, the issue date, the contact and tax information of U2 lab™, and the validity period, being signed by U2 lab™ using a digital signature.

Preliminary Phase - 3. U2 lab™ Services Contract

• If the client (or his/her lawyer on his/her behalf) accepts the "U2 lab™ Quote", the next step consists of the issuance, sending via email and signing of the "U2 lab™ Services Contract" by both parties.

• The contract includes the reference number, issue date, contact and tax information of both parties, rights and obligations of both parties, etc., and is signed by U2 lab™ using a digital signature.

• The contract includes detailed information about the professional assignment (e.g. preparation of an expert report/opinion, purpose of the report/opinion, ratification in court - if applicable -, etc.).

• Additionally, the contract includes quote information (elements, sub-amounts, tax base, VAT rate, personal income tax withholding, VAT amount and final amount), as well as information on payment methods.

Preliminary Phase - 4. Payment and U2 lab™ Invoice 

• Once the "U2 lab™ Services Contract" has been signed by both parties, the next step is for the client (or his/her lawyer on his/her behalf) to make the payment, following the instructions in the contract.

• In case of requesting ratification of the report/expert opinion in court, the client has the option, if desired, of splitting the total payment into two payments (an initial payment corresponding to the preparation of the report/expert opinion, and a subsequent payment corresponding to ratification).

• Received the total payment (or initial payment, as the case may be) at U2 lab™, we proceed to issue and send the corresponding U2 lab™ invoice via email to the client (single invoice, or first invoice in case installment payment is requested), being signed by U2 lab™ by digital signature.

• The invoice includes the invoice number, the reference number, the date of issue, the contact and tax information of both parties, in addition to all the quote information (items, sub-amounts, tax base, VAT type, withholding of personal income tax, VAT amount and final amount), as well as information on payment methods, etc.

• Once the invoice has been issued and sent, at U2 lab™ we begin with the "study of the case" and other phases, remaining at the entire disposal of the client and his/her lawyer throughout the judicial procedure, from the preliminary phase, the defense/accusation strategy, the filing of a complaint or demand, the response, the provision of evidence and testimony, the trial, the issuance of the sentence, and beyond (appeals, execution of sentence, etc.).

U2 lab™'s ' Computer Judicial Expert' service includes:

• 1. Study of the case

• 2. Search for a lawyer

• 3. Meeting/s

• 4. Advice and assistance

• 5. Judicial Expert's Report (elaboration)

• 6. Judicial Expert's Report (ratification)

• 7. Post-trial follow-up

1. Study of the case

• In this phase, at U2 lab™ we request from the client (or his/her lawyer) all the information and documentation necessary for its analysis and subsequent preparation and issuance of the report or expert opinion, the object of the assignment.

• This information and documentation complements the information provided during the Preliminary Phase - 1. Initial Contact, which was necessary in order to determine the status of the case (what phase it is in), the jurisdiction, parties involved, object of the report or opinion expert opinion, calendar/agenda including relevant dates and deadlines, degree of urgency, feasibility, etc.

• Typical examples of necessary information and documentation would be a copy of the complaint or demand (in case one of the parties has already filed it), response (if applicable), evidence and testimonies (provided to date by both parties, if applicable), etc. In each particular case, it is the lawyer who decides what information and documentation is necessary so that U2 lab™ can prepare the report or expert opinion.

• Additionally, it will be necessary to provide U2 lab™ with all the computer elements object of analysis (e.g. PC, laptop, tablet, smartphone, access to email account, social network, online platform, server, etc.), depending on what it is applicable and necessary in each case.

2. Search for a lawyer

• Typically, in most cases, the client, when initially contacting U2 lab™, already has a lawyer, who is managing the court case, and has recommended his or her client to request a report or expert opinion to a computer judicial expert, in order to contribute it to the judicial procedure, given the existence of evidence of a digital nature, in order for said evidence to be accepted as valid, even in the event of a challenge from the contrary, thus obtaining the maximum guarantee , security and tranquility.

• Sometimes, the client contacts us directly, sometimes his/her lawyer provides the client with our contact information and his/her recommendation, sometimes it is the lawyer who contacts us on behalf of his/her client.

• Occasionally, the client contacts us directly indicating that he/she does not yet have a lawyer. In these types of cases, at U2 lab™ we offer our clients the possibility of finding a lawyer who is an expert in the specific type of judicial case in question.

3. Meeting/s

• Many parties intervene in a judicial procedure. As far as U2 lab™ is concerned, it is essential that there is fluid, continuous and transparent communication with the client and his/her lawyer.

• Each case is different, and ultimately it is the lawyer who decides, as the architect of the prosecution/defense strategy, what information and documentation to provide to U2 lab™, as well as deciding on the need (or not ) to have meetings (virtual and/or in-person), and if applicable, in what phases of the judicial procedure to have said meetings.

• Sometimes all communications are made via email. Sometimes it is necessary to have telephone conversations, for example, for urgent matters, etc. Sometimes it is necessary to have one or more meetings. All of this depends on the characteristics of each particular case, its degree of complexity, the nature of the procedure (e.g. whether there is especially sensitive information), security or privacy issues, etc.

• The ultimate purpose of the communications and meetings is to be able to evaluate and determine relevant aspects in relation to the report or expert opinion, in particular, the prosecution/defense strategy, legal arguments in favor (and possible, against) the client, planning, agenda, estimated date of sending/delivery of the report or expert opinion, etc.

4. Advice and assistance

• At U2 lab™, one of our basic functions as a computer judicial expert is to provide advice and technical and technological assistance in the field of computing and telecommunications to our clients, their lawyers, as well as the Justice Administration in general.

• Our clients, like their lawyers and judges, do not have to be experts in these matters. Of course, sometimes they may have a special interest in the technological field.

• At U2 lab™ we resolve all technical and technological doubts in the field of computing and telecommunications that our clients and their lawyers may have at any time throughout the judicial procedure.

• Additionally, it is essential that there is permanent communication and exchange of information between all parties involved in the judicial case (client, lawyer, paralegal, Courts, etc.), keeping the client informed at all times about the status of the case, procedures, relevant dates, etc., in relation to the intervention of the computer expert in the judicial case, and in cooperation with the lawyer.

5. Judicial Expert's Report (elaboration)

• When a client (or his/her lawyer) hires our computer expert service, at U2 lab™, our main objective is to prepare the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be), based on all the evidence made available to us by the client and/or his/her lawyer.

• The procedure consists of the following phases: identification, acquisition, preservation (custody of evidence), analysis, presentation and defense.

• Initially, we identify the evidence that will be analyzed and proceed to acquire it, ensuring its custody at all times. After this, we proceed to analyze the evidence, using the methodology, procedures and tools most appropriate to each specific case. Once the analysis is completed, we proceed to prepare the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be), a structured, complete, and detailed document, expressed in clear and easy-to-understand language, which ends with a series of solid and unequivocal conclusions, as well as the corresponding opinion (in the case of the 'U2 lab™ Expert Opinion').

• Once finished, we proceed to deliver it (or send it via email) to the client (or his/her lawyer) so that they can proceed to contribute it to the judicial procedure.

• The 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') is a document to which Judges and/or Courts usually assign great evidentiary weight, and can play an essential role in the outcome of a court case.

• The 'U2 lab™ Expert Report' and the 'U2 lab™ Expert Opinion' are two documents with a very similar structure and content, the main difference being that the Expert Opinion includes at the end an "assessment" ("opinion") of the judicial computer expert on the underlying issue, which can help the Judge decide when issuing a sentence, especially in complex cases.

6. Judicial Expert's Report (ratification)

• Once the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be) has been brought to the judicial procedure, this document becomes part of the file ("proceedings"), along with the rest of the evidence and testimonies provided by both parties, in addition to possible prior proceedings carried out by the Court and/or the Prosecutor's Office (if applicable).

• At this point there are two possibilities: 1) with ratification in court; 2) without ratification;

• The ratification of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') consists of its defense by the computer expert, author of the same, at the hearing or trial.

• Initially, the expert, questioned by the Judge, confirms everything expressed in the document.

• After this, the expert is questioned by the Prosecutor's Office (if applicable), the opposing party's lawyer, and the client's lawyer, and the Judge may ask questions in any moment.

• The expert has the obligation to answer all questions asked by all parties.

• The expert has the obligation to be clear and objective in his answers.

• The expert has the obligation to help the Judge to understand in a clear and simple way the results of the analysis and the conclusions of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion'), as well as its assessment (opinion as expert), in the case of an Expert Opinion.

• In general, except in very simple cases, it is advisable to ratify the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') in court, given that Judges grant greater evidentiary weight and credibility to those expert reports and expert opinions that are ratified at the hearing or trial.

• The greater the complexity of the case, the more advisable is ratification.

• The greater the complexity of the case, the more advisable it is to obtain an expert opinion.

• Ratification can be requested by the client (or his/her lawyer), in order to provide the evidence with greater solidity, if possible, for greater guarantee and peace of mind.

• Sometimes, the client (or his/her lawyer) does not request ratification, and it is not necessary.

• Sometimes, the client (or his/her lawyer) does not request ratification, but the opposing party requests it from the Judge, who, in general, will consider it appropriate, and said ratification must then be made.

• Sometimes it is the Judge himself/herself who determines the need for ratification, and said ratification must then be made.

7. Post-trial follow-up

• Once the trial is over, it is up to the Judge to issue a sentence, taking into consideration all the evidence and testimonies provided by both parties, as well as the previous procedures (carried out by the Court and/or Prosecutor's Office, if applicable).

• At this point, we must highlight the importance and great probative value of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion'), which will serve as a great help to the Judge in his/her understanding of the case, especially in cases of great complexity, and ultimately, to issue a sentence.

• The contribution to the judicial procedure of the 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') and its ratification in court, can mean the difference between a total upholding, partial upholding or dismissal of the claims of the client.

• Once the sentence is issued, and the client (and his/her lawyer) is satisfied, if the opposing party does not appeal, the sentence becomes a final sentence, moving to the sentence execution phase and concluding the procedure. .

• If the opposing party appeals, and the appeal is admitted by the Judge, the lawyer must prepare the response to the appeal (usually, through a new professional assignment).

• If the client (and his/her lawyer) decide to appeal, and the appeal is admitted by the Judge, the lawyer must prepare the appeal (usually, through a new professional assignment).

• Whatever the case, at U2 lab™ we are at the entire disposal of our clients and their lawyers, throughout the entire judicial procedure, from the beginning to its final conclusion through the issuance of a final sentence.