OSINT for Law Firms: A Beginner’s Guide

Open Source Intelligence (OSINT) is “intelligence produced from publicly available information and is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.”[1]

It can provide quick access to information that may take months for traditional methods to produce, and many of the tools used are low-cost or, in some cases, free.

OSINT has proven to be a game-changer in various industries, including law enforcement, journalism, and cybersecurity. While many law firms are already ahead of the curve and have fully embraced OSINT by engaging with third-party specialists or deploying OSINT tools and techniques in-house to collect information and insights supporting their cases, not every law firm fully recognises its benefits.

This article discusses why that needs to change.

Real-World Applications of OSINT in Law Firms

For law firms, OSINT presents an incredible opportunity to enhance their investigative research processes, provide faster access to information to help support cases, and potentially be more cost-effective and efficient than traditional methods.

Whether it’s identifying a person or a location, tracing assets, performing due diligence to help renegotiate deal terms, challenging an opponent’s argument or uncovering hidden or undisclosed connections between parties, OSINT is an indispensable tool for modern legal investigative research from which firms of all sizes can benefit.

OSINT's versatility means it can be applied across a wide range of legal practice areas, where it can be highly effective in uncovering information or evidence that can help make or break a case.

Litigation support

Imagine a scenario where a law firm is representing an insurer in a personal injury compensation claim. The plaintiff claims that the injury caused her severe depression and an inability to leave her home and go outside. However, analysis of her social media usage uncovered photographs she had posted on her Instagram account enjoying herself on vacation and attending a party – evidence sufficient to undermine her credibility and contradict her claim. This is not only a real case[2]; it is also a simple example of the benefits available to law firms through deploying OSINT techniques to help perform investigative research to support litigation. The ability to uncover critical insights by analysing publicly available information gives law firms access to a vast pool of information in real-time and often at a fraction of the cost. More importantly, it can provide a competitive advantage.

Due-diligence

It’s also a powerful tool for conducting due diligence on people or companies and can even be used to strengthen the effectiveness of client and third-party background checks. For example, before taking on a new client or entering into a new third-party relationship such as a service provider or supplier, most law firms will want, or be required, to verify the individual or a company’s identity, history, connections, and reputation to identify any adverse risk factors. OSINT techniques, particularly a specialised subset known as Social Media Intelligence (SOCMINT), can help uncover connections, public comments and other valuable information that may never have surfaced.

However, it is in transactional due diligence where OSINT can make a really significant impact. Imagine a transaction where a law firm was advising a client on negotiating the terms of an acquisition. OSINT provides the capability to quickly and cost-effectively discover previously undisclosed information, for example, adverse media coverage from different jurisdictions around the world, controversial or provocative public statements that may have gone unreported locally, allegations of human rights abuse, or connected parties that are subject to sanctions or appear on other official watchlists.

Information of this nature already provides powerful leverage to renegotiate[3] and improve the terms of financial transactions[4] and in some cases, OSINT can help inform the decision to exit the deal altogether if significant risk factors are discovered.

Asset tracing

The ability to trace assets is another area where OSINT can add significant value to the activities of law firms. For example, in cases involving debt recovery, divorce settlements, or compensation claims, accurately estimating your opponent’s available assets can be a priority. In many cases, uncovering hidden assets is equally important. The investigative nature of OSINT techniques can often identify investigation paths that may remain undisclosed if only traditional research methods are used.

Perhaps one of the most well-known examples of uncovering hidden assets through the use of OSINT was the series of global investigations[5] into the financial affairs of high-profile individuals such as public officials, oligarchs, and celebrities, subsequently known as The Panama Papers. These OSINT techniques are available to law firms. However, it is also essential to consider the ethical factors related to using breach data. The Coalition of Cyber Investigators recently discussed this area in greater detail[6].

Expanding the Scope of OSINT in Legal Services

While OSINT is already making waves in litigation, due diligence, and asset tracing, its applications extend far beyond these areas.

In intellectual property law, for example, OSINT can help monitor counterfeit products or technologies being sold online. OSINT investigators can analyse seller profiles[7], identify hotspots where counterfeit products are being offered and identify connections between sellers to help determine who supplies the bogus products. For lawyers specialising in intellectual property cases, information of this nature can be a goldmine as they make their case and advise their clients.

Similarly, OSINT has proven to be a valuable tool in employment law. The case of Okonowsky v.Garland[8] provides a clear illustration of a workplace harassment investigation where a prison employee accused a coworker of creating a hostile work environment through offensive and violent posts targeting the plaintiff on a personal Instagram account. The OSINT investigation identified that the posts were publicly available and followed by many coworkers, supporting the victim's claims and highlighting the employer's failure to take timely and effective action.

Family and matrimonial law are further areas where OSINT can play a significant role. For example, OSINT and in particular SOCMINT, can provide information that could result in critical evidence in a number of different types of family or matrimonial proceedings[9] including:

• Extra-marital affairs,

• Parental fitness,

• Child custody proceedings,

• Financial and alimony cases.

In environmental and wildlife law, OSINT has already proven to be a game-changer with the tools and technologies that are now available transforming the way these cases are investigated and offenders brought to justice[10]. For example, thorough satellite imagery and public environmental reports, cases can be put together significantly quicker than through traditional investigation and data gathering methods. Similarly, OSINT can be used to track zoning changes, public forum comments, local media coverage and planning applications in land use disputes, providing law firms with the insights they need to help represent their clients effectively.

Conclusion

While the benefits of OSINT to law firms are clear, it’s essential to approach it responsibly. Law firms must ensure that their investigative research activities comply with privacy laws and ethical guidelines. This requirement applies whether they perform this work in-house or outsource it to a specialist third-party.

The lawyers using the output should also review and assess it to ensure it is fit for purpose and can be interpreted effectively. This means that lawyers should have at least basic training, even if the research is outsourced to a third party.

By leveraging publicly available information, law firms can uncover critical insights, strengthen their cases, and better represent their clients. From identifying discrepancies in witness accounts through social media to uncovering hidden assets, OSINT has proven its value time and time again.

With the right tools, training, and ethical practices, law firms can harness the power of OSINT to stay ahead in a highly competitive industry.

Integrating OSINT into legal investigative research ensures that practices of all sizes can deliver high-quality, well-researched representation and help them differentiate themselves in a competitive market.

The examples shared here are just the beginning—OSINT’s potential is immense. With an ethical and professional structured approach, its applications in the field of legal services are unlimited.

Authored by: The Coalition of Cyber Investigators

©2025 The Coalition of Cyber Investigators. All rights reserved.

The Coalition of Cyber Investigators is a collaboration between

Paul Wright (United Kingdom) - Experienced Cybercrime, Intelligence (OSINT & HUMINT) and Digital Forensics Investigator; and

Neal Ysart (Philippines) - Elite Investigator & Strategic Risk Advisor, Ex-Big 4 Forensic Leader.

With over 80 years of combined hands-on experience, Paul and Neal remain actively engaged in their field.

They established the Coalition to provide a platform to collaborate and share their expertise and analysis of topical issues in the converging domains of investigations, digital forensics and OSINT. Recognising that this convergence has created grey areas around critical topics, including the admissibility of evidence, process integrity, ethics, contextual analysis and validation, the coalition is Paul and Neal’s way of contributing to a discussion that is essential if the unresolved issues around OSINT derived evidence are to be addressed effectively. Please feel free to share this article and contribute your views.

[1] U.S.C. Title 50 - WAR AND NATIONAL DEFENSE (2006). https://www.govinfo.gov/content/pkg/USCODE-2011-title50/html/USCODE-2011-title50-chap15-subchapI-sec403-5.htm (Accessed 17 January, 2025)

[2] Harsh Law. (2024, November 12). The impact of social media in personal injury lawsuits. https://harshlaw.com/the-impact-of-social-media-in-personal-injury-lawsuits/ (Accessed 18 January, 2025)

[3] Berkman, J. W. (2013). Due diligence and the business transaction: Getting a deal done. Apress

[4] Kishore, S. (2023, December 21). The data revolution: OSINT's role in the digital age. American University, School of International Service. https://www.american.edu/sis/centers/security-technology/the-data-revolution-osints-role-in-the-digital-age.cfm (Accessed 20 January, 2025)

[5] Obermayer, B., & Obermaier, F. (2016). The Panama Papers: Breaking the story of how the rich and powerful hide their money. Oneworld Publications.

[6] Wright, P. & Ysart, N.; The Coalition of Cyber Investigators. The ethical dilemma of using data breach information in OSINT investigations https://www.linkedin.com/feed/update/urn:li:activity:7244842561092108288 (Accessed 20 January, 2025).

[7] OSINT Industries. (2024, November 3). Fighting the fakers: OSINT on the cyber-fraud frontline. OSINT Industries. Retrieved January 20, 2025, from https://www.osint.industries/project/fighting-the-fakers-osint-on-the-cyber-fraud-frontline

[8] Forsey, M., McQueen, D. J., & Rafuse, A. (2024, August 5). Social media creating a hostile work environment: What to know following Okonowsky v. Garland. ArentFox Schiff LLP. https://www.afslaw.com/perspectives/alerts/social-media-creating-hostile-work-environment-what-know-following-okonowsky-v (Accessed 20 January, 2025)

[9] Moro Lawyers. (2024, December 15). The role of social media in family law disputes: How social media posts can impact child custody. Moro Lawyers. https://www.morolawyers.com/post/the-role-of-social-media-in-family-law-disputes-how-social-media-posts-can-impact-child-custody-and (Accessed 20 January, 2025)

[10] Environmental Investigation Agency. (n.d.). Intelligence Week: Gathering key information from the front lines of undercover investigation. Environmental Investigation Agency. https://eia-international.org/blog/intelligence-week-gathering-key-information-from-the-front-lines-of-undercover-investigation/ (Accessed 20 January, 2025)