Frequently asked questions before retaining a digital forensics expert witness.

Small, single-device matters are typically scoped as flat fees once the device type and the question are known. Multi-week engagements — multi-device collections, eDiscovery review work, or matters that reach testimony — are billed hourly against a written estimate. Every engagement starts with a retainer deposit that funds the image acquisition step; substantive examination begins after the deposit clears. A written engagement letter, including the scope of work, fee structure, and the deliverables, is signed before any forensic examination begins.

On a typical single-device matter the preliminary written report is delivered within ten business days of image completion. Complex multi-device collections, encrypted-volume work, or eDiscovery review matters run longer; the schedule is set in the engagement letter so counsel can plan around it. Rush turnaround is available when the examination queue allows — counsel supplies a written deadline and a rush surcharge applies.

Willie Kerns has been qualified as an expert witness under KRE 702, Rule 702, and the federal Daubert standard in Kentucky Circuit, Family, and Federal courts since 2001. A full CV with the court-by-court voir dire history is supplied on retained engagements; that history is not published online to protect prior counsel work product. A redacted summary is available on the about page, and the printable CV is available on request.

Every device is write-blocked at the moment of acquisition and imaged with an SHA-256 hash recorded in the acquisition log. Each subsequent transfer re-hashes the image; a failed hash stops the chain and triggers re-acquisition. A signed chain-of-custody handoff log is generated at every transition — acquisition, examination handoff, return shipping, courtroom tender. The original media is returned to counsel at the close of the engagement unless the engagement letter specifies otherwise; the forensic image is retained under the engagement letter’s retention clause.

Every engagement begins with a party and counsel conflict screen against current and prior matters. Non-engagement inquiries and screening calls are themselves confidential; substantive examination work begins only after a signed engagement letter. The engagement letter carries the confidentiality clause that governs the rest of the matter.

Submit the matter through the engagement inquiry form with the case type, jurisdiction, court date, the device count (or ESI scope), and a brief fact pattern. The reply comes back within one business day with either an initial scope view — flat fee, single-device estimate, or hourly estimate — or a request for a fifteen-minute scoping call. The engagement letter is the output of that scoping step, not the input.