You'll deal with memory gaps in almost every investigation you carry out. Close them by pairing interviews with timelines and digital corroboration. Combine your insights with a modern eDiscovery tool for better accuracy,
According to the BCIT Library, humans may forget about 80% of new information within 24 hours of learning it. Depending on shaky recollection alone can put your investigation at risk. When conducting an early case assessment, keep in mind that witnesses may be trying their best to remember every detail.
What Is a Memory Gap?
A memory gap occurs when the brain fails to record, store, or retrieve specific pieces of information correctly. These voids are rarely signs of deception. The mind often prioritizes big picture feelings over tiny details.
Memory gaps in investigations lead to inconsistent testimonies. The opposing counsel will tear those inconsistencies apart.
Why Do I Have So Many Memory Gaps?
Biology plays a huge role in why details slip away. It's very common to deal with memory gaps during high-stress situations, such as a corporate crisis.
Stress triggers cortisol, which interferes with the brain's processing of new memories. Witnesses may focus on survival rather than the details of a specific encounter.
Modern work life makes memory gaps even worse. We jump between dozens of apps every hour. It's tough for a person to recall every tiny thing they do or say.
What Is Document Review?
Simply put, it's the phase where you look at every piece of evidence. You must decide if a file is relevant to your case or not. In the past, the process was long and tiring. It also costs thousands of dollars. You can flip the script and save money using a discovery platform. Let your tools do the heavy lifting for you.
Categorize your data so you don't have to hunt for specific details. Spend less time clicking and more time analyzing the facts. Automate the most exhausting parts of document review with eDiscovery.
Strategies for Dealing With Memory Gaps
You can stay ahead of opposing counsel and build a solid case when you have the right tools. Get answers early and focus on other parts of your case by addressing memory gaps.
Use Tools Designed for Improving Interview Accuracy
Think of witness interviews as a collaborative search for the truth. Bringing in digital evidence early in the investigation helps witnesses remember more clearly, rather than forcing them to rely solely on memory. Look at the receipts before taking someone's word for it.
Building a timeline of events makes your work easier. It's among the most effective corroboration techniques. Check your logs if a witness claims they never saw a specific PDF. If your evidence shows they opened the file three times, you have a starting point.
You can surface key moments like these in seconds with Logikcull.
Bridge the Gap With Early Case Assessment
Most investigators wait too long before starting to look for answers. By conducting an early case assessment, you immediately identify the most important people. You'll be able to narrow your focus and avoid wasting time.
It becomes easier to put aside unnecessary information with Logikcull. You can drag and drop your files directly into our system to see exactly what you are dealing with. Integrate our tool with solutions you already use, such as:
- Microsoft 365
- Google Vault
- Slack
- Outlook
- Clio
Pull the truth right from the source without breaking a sweat. There's no need to wait for an IT team to move your investigation forward.
Strengthen Your Subpoena Response
A fast, accurate subpoena response requires a firm grasp of the facts. If witness statements contradict the digital trail, your production comes across as sloppy. It might even look suspicious to regulators.
You'll be able to verify every claim in real time by using technology in investigations. There's no need to dig through messy folders. Find exactly what you need for a subpoena using built-in filters. Meet your deadlines without pulling an all-nighter by letting tech support your work.
Turn Contradictions Into Clarity
Contradictions offer you the opportunity to get things clear. You'll be able to identify missing communication or digital evidence in investigations. Ask follow-ups with questions like:
- Can you help me walk through the timing here?
- What happened between meetings?
- When did documents change or move location?
Each question ties your witnesses' recollection to evidence. It reduces speculation and uncovers any missing context. Your interview process will give you more clarity without turning into a blame game.
Frequently Asked Questions
How Does Digital Evidence Help When a Witness Is Uncooperative?
It prompts them to talk. You can use a discovery platform to find emails or chat logs involving a witness. Showing these records often prompts them to cooperate. It's harder for someone to remain evasive when the facts are on the screen.
Digital files serve as an unbiased third party. You can use them to keep your investigation objective and fair.
Can I Use Slack Messages as Evidence in an Internal Investigation?
Yes. Slack and other collaboration apps are where many real conversations happen. People tend to be more casual in chat. You can find the most honest accounts of events there.
Get a complete picture by capturing data from work collaborative tools. You might gain more insights from them than from the polished version in official memos.
Why Is Early Case Assessment Better Than Waiting for the Review Phase?
You get to shape your data first with early case assessment. It's better because:
- You'll identify key players early
- You can find hot documents immediately
- You'll have a better estimate of the total cost of the case
Early case assessment is crucial for managing your expectations. When you focus on crucial documents, you'll be able to move your case along faster.
Navigate the Human Side of Investigations Easily
Human memory is helpful during discovery, but it's also flawed. Bridge memory gaps and paint a detailed picture using tech. You don't have to let data silos or forgotten details slow you down. Turn a mountain of files into a clear timeline and refresh your witnesses' memories.
Make your entire investigation easier with Logikcull. Over 1,500 legal teams worldwide use our tool for faster, more accurate delivery. Get a demo to start turning messy data into a winning case strategy.
