Most lawyers would shudder at the thought of a routine matter serving a foreign government’s agenda. But it happens, and when it does, it’s subtle.
Litigation can be used for a number of nefarious purposes, including locating political opponents or government critics. In one high-profile example, a retired New York City police officer working as a PI was tasked by a client later tied to Chinese intelligence to surveil and deliver a message to a dissident who was being monitored by federal authorities. The tactic isn’t isolated. Whether it’s real estate disputes, commercial fights or seemingly minor matters, they can mask efforts by third-party actors.
Several red flags can indicate such activities. For instance, parties may be linked to sanctioned jurisdictions or notorious sectors, e.g., Russian energy networks. Filings can look frivolous or oddly urgent, seemingly done to force disclosures or compel appearances. Routine discovery may hide requests for sensitive locations or contact details. Sometimes there’s an alert from the FBI or Homeland Security, a warning that shouldn’t be ignored.
Given the increasingly complex, cross-border environment in which attorneys operate and the highly sensitive matters they handle, open-source intelligence (OSINT) should be a standard practice before engagement. This should not be limited to database checks, but also include real-world verification. Over-relying on AI or polished data feeds can be risky, as bad actors can easily spoof identities, erase online footprints and manipulate signals, such as “ghost fleets” that disable transponders. Effective OSINT combines high-tech tools with low-tech methods, such as site visits, public meetings, reviewing corporate records across jurisdictions and leveraging human networks.
In a globalized economy, it’s your responsibility to know who you’re really dealing with and to make sure a foreign state isn’t using your client or firm. Legalis conducts conflict-aware, cross-border OSINT to vet parties, spot proxy behavior and more. If a matter feels “off,” or you want a pre-engagement check, contact Legalis to protect your clients, your firm and the court from becoming an unwitting proxy.