A Paralegal’s Primer for Dealing with Physical Evidence

Few are the cases that don't have at least some kind of physical evidence associated with them. Personal injury cases involving car accidents offer a wealth of evidence, from materials left at the scene, to the physical conditions of the vehicles, drivers, and passengers, to photos, charts, diagrams, speed graphs, and evidence lists made by the investigators.

Slip and fall accidents can involve the shoes and clothing of the client, broken steps, loose tile, or any other uneven, rough, or broken surface that might have caused the accident.

Worker's compensation accidents take place in a myriad of different locations indoors and out, at various heights and depths, in all kinds of weather, and involving many kinds of equipment, machinery, chemicals, heat, cold, etc.

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Criminal cases are filled with "instrumentalities" of the crime: knives, guns, tools, weapons, cars, etc., and "fruits" of the crime; money, drugs, property, etc. Each of these categories represents a certain type of evidence.

Business law cases are filled with paper-related evidence: reports, ledgers, checkbooks, charts, maps, graphs, blueprints, wills, trusts, contracts, codicils, etc.

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If you have a case in your office that has the potential to go to court at some point, then everything is a potential exhibit: the client's files, the items someone collected at the scene of an accident or crime, the paperwork or documentation that proves or disproves something, and any physical item that the client, the witnesses, or the defendant can bring to court as proof of guilt, innocence, malfeasance, omissions, or errors.

The list of possible evidence is limited only by your imagination. You should treat every hard object-a broken tile, a defective brake pad, a file folder of accounting spreadsheets, etc.-as if it were the most valuable thing on earth. Your attorney may need to put that item on display in court one or even five years down the road. Store your physical evidence in a safe place, keep it dry, and protect it from any possible damage from too much handling by curious or untrained people. Sometimes your entire argument, e.g., that a product is defective, may rest on the condition of the physical evidence. Treat your evidence like gold regardless of its quantity, size, or relative importance.

To the untrained eye, physical evidence may not reveal much information. But what looks like a rusted piece of metal to you may reveal hundreds of interesting details to a mechanical engineer. The best way to handle evidence is not to. Go out and find expert help before you do anything. Some evidence may be delicate and may need special care to preserve it. Other evidence, like photos, videos, tape recordings, and handwriting exemplars should be reviewed by highly trained scientists who can determine authenticity, value, age, and other identifying characteristics for you.

If your firm represents the defendant in a case, your attorneys will file the appropriate discovery motions to get access to any physical evidence before the trial. Find some court-certified experts for your "hard" evidence-blood, firearms, photos, metal, fibers, wood, chemical products, etc.-and give them enough time to complete their study and prepare a report of their findings.