Firm-wide obligation

Incoming evidence — deepfakes & synthetic documents

Preserve original material and establish its provenance before relying on it. Document handling and metadata, and obtain suitable forensic assistance where authenticity is disputed or material to the matter.

Key facts

Tasks covered
5
Tasks with a step-by-step checklist
1
Local differences
2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Incoming evidence — deepfakes & synthetic documents
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build an authenticity checklist for a key digital exhibitStart this taskSee suggested levelsFrom the file, list source, capture date, metadata fields, hash if supplied and gaps against the authenticity questions the lawyer has named.RedLawyer-led
  • Authenticate through source and chain of custody, using a forensic examiner where needed
  • Do not rely on a tool's 'this looks real' score
Flag candidate synthetic or altered items in a production setStart this taskSee suggested levelsFrom a permitted production, list items with missing metadata, inconsistent fonts or reuse patterns, and a sample for human review.YellowClose supervision
  • Spot-check pivotal documents
  • Treat a generated 'synthetic' flag as a question, not a finding
Compare claimed source metadata with the file actually producedStart this taskSee suggested levelsExtract stated author, date and device fields and compare them with the produced file's properties, listing mismatches.YellowClose supervision
  • Treat a match as not proving authenticity: metadata can be edited
  • Enquire further on any mismatch
Draft an authenticity challenge or expert-instruction letterStart this taskSee suggested levelsThe tool tabulates the disputed exhibits against the authenticity checklist, the metadata mismatches and the chain-of-custody gaps, and indexes the native files, export logs and hash values held for the examiner. Once the lawyer has written the challenge, it checks each allegation of fabrication or alteration back to a numbered item in that table and lists the allegations with no source yet; it writes no part of the challenge — no outline, no suggested paragraphs and no proposed grounds of objection.RedLawyer-ledThe lawyer writes both documents. Before alleging that an exhibit is fabricated or synthetic they satisfy themselves there are reasonable grounds on material they have examined, not on a tool's flag, and check each ground against the exhibit, the metadata comparison and the custody record themselves. They settle the questions to the examiner in their own words so the opinion is not led, and confirm the letter lists the documents and native copies actually supplied and serves the court's expert code.
Build a chain-of-custody log from the capture papersStart this taskSee suggested levelsFrom the capture notes, list who held the device or file, when, and what hashes or export logs exist, marking gaps.YellowClose supervision
  • Do not let the log invent a custodian
  • Treat a broken chain as going to weight

Precedents for this area

All precedents for Incoming evidence — deepfakes & synthetic documents. Signed-in accounts can read the full text.

Related tools

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