A couple in Virginia was in a civil dispute involving significant assets. In filings and negotiations, they sought to present their lifestyle and financial picture one way.
But their Instagram account told a different story…
That’s OSINT in a nutshell.
OSINT stands for open-source intelligence. It’s the process of taking publicly available information that anyone can lawfully obtain through observation or collection, and turning it into usable intelligence through collection, processing, and analysis.
People hear “OSINT” and think “Googling,” but it is actually much broader. Public records, such as property records and corporate filings; news media articles; open social media that’s visible without being a “friend”; data broker information gathered when people consent to share after clicking “accept” when downloading apps; and public observation, including overheard conversations, all constitute OSINT.
That said, old-school evaluation remains a key factor. Relying on third-party databases as gospel is a common pitfall. After all, data broker records can be wrong. And social media is a double-edged sword: it can be revealing, but it’s also a place where misinformation, exaggeration, and even AI-generated content are common.
At Legalis, we always trust, but verify, using a proven OSINT workflow for every new matter. Whenever a new matter comes through the door, we run a broad search across multiple databases to generate leads, then use that “surface-level” info to narrow the hunt. For example, if a criminal record surfaces, we follow that thread; when we encounter business entities, we review filings and relationships. We move into manual validation using primary sources, while logging and preserving key findings so they stand up in court.
There are three high-value legal uses for OSINT. First, discreet fact development when you cannot speak freely with people. When a party is represented by counsel, you’re limited to who you can contact and how. You may also not want to poke the bear by calling neighbors or relatives, resulting in word getting back. OSINT lets you develop facts and context quietly. Second, finding former employees. In many matters, you cannot approach current employees, but former employees may be accessible (subject to rules and counsel). OSINT can help identify who was where and when, and often the people who can explain what really happened. Third, is building a profile to improve strategy, not just “gotcha” moments. OSINT is not always about a smoking gun. Often, it’s about mapping relationships, timelines, habits, and inconsistencies to help decide what to pursue in discovery, what to ask in a deposition, and where the pressure points are.
With any emerging tools or technology, there are ethical lines to maintain. All of our OSINT investigations go through our internal ethics and legal review process. Another emerging issue is “hack-and-leak,” where data is stolen and then gets posted online. Even if it’s technically accessible on the internet, you need a risk assessment: how it got there matters, and using it can create serious legal exposure. You also must assume your searches can be audited. Many databases track searches and require an acceptable-use purpose. You can’t just look up anyone out of curiosity. That’s why we treat OSINT work like any other professional system: we use it for defined, legitimate purposes and document those purposes.
How you preserve information matters, and standards vary by jurisdiction. As technology evolves, the legal standards are changing with it. In many cases, OSINT is best used to identify what to subpoena later, especially when you need authenticated records from platforms.
Back to the Old Dominion couple. That case is a good example of OSINT’s real value. It wasn’t magic. It was timing: public social content provided context to challenge a narrative. Even if the material never becomes an exhibit, it can shape strategy by posing questions to ask and assessing credibility.
When conducted ethically, OSINT gives lawyers an early, low-risk way to gather context, identify leads, and make smarter decisions without tipping off opposing counsel. Done carelessly, it creates avoidable risk.
To learn more about Legalis and all our services, contact us today.