OSINT in a lawyer's daily practice: legally sound research and strategic case preparation

In an increasingly digital world, information is the key to well-founded decisions - particularly in the legal field. As a German security company, Sheriff Security GmbH offers professional OSINT investigations (Open Source Intelligence) to provide lawyers and law firms with valuable background information for mandate screening and case preparation.

But what exactly lies behind OSINT, how does such an investigation work - and what opportunities and limits does it bring with it?

What is OSINT?

OSINT stands for “Open Source Intelligence” - the collection, evaluation and interpretation of publicly accessible information from a wide variety of sources.

A distinction is made between structured data (such as commercial register entries, public databases or official websites) and unstructured data (such as social media, forum posts, comments or media reports).

In contrast to classic investigative procedures, OSINT accesses exclusively legally available information - nothing is obtained through deception or by circumventing protective mechanisms. Instead, existing traces and data are intelligently linked in order to uncover patterns, contradictions or previously unknown connections.

Professional OSINT analyses are based not only on technological tools, but also on methodological rigour, legal sensitivity and considerable experience in interpreting digital contexts.

Areas of application for lawyers

For lawyers, OSINT opens up numerous ways to build a comprehensive picture of potential clients, opposing parties or witnesses:

Background checks Verification of the integrity, creditworthiness and possible criminal record of individuals or companies, in order to identify risks early.

Asset tracing Locating and identifying assets at home and abroad, for example in civil proceedings or when enforcing claims.

Reputation analyses Assessment of public standing and possible negative headlines that may be relevant for compliance checks or accepting a mandate.

Support in proceedings Research and verification of evidence, statements and connections that can be decisive for the strategy in civil or criminal proceedings.

In-depth examples of OSINT in legal practice

One of the most frequent requests Sheriff Security currently receives concerns so-called “starting-point investigations”: the targeted digital review of publicly accessible sources on the basis of minimal information such as telephone numbers, email addresses, names or company details.

This makes it possible to follow the digital traces a person or a company has left on the internet - and to derive decisive information from them.

Typical OSINT analyses for lawyers include:

Identification and linking of social media accounts
Checking for data leaks (stolen customer databases from online shops, banks, hotel chains etc.)
Comparison with public databases and register entries
Identification of reused or compromised passwords
Localisation of digital content through metadata (e.g. geodata in images to verify an alibi)
Uncovering property and assets (including via foreign registers)
Creation of psychographic profiles (relationships, habits, behavioural patterns)
Tracing possible witnesses via digital mentions, comments or connections in social networks
Espionage prevention and analysis of the opposing side in the context of proceedings

This information offers a valuable strategic advantage - even where it cannot always be used as evidence in court.

The particular benefit for lawyers - beyond producing evidence

Not all information obtained in the course of an OSINT investigation is automatically admissible in court. Nevertheless, OSINT offers lawyers decisive added value:

Strategic preparation: information that is not admitted as evidence can still be useful for developing the negotiation strategy or for asking targeted questions in client meetings.
Identification of relevant individuals: witnesses, experts or other parties can be identified via OSINT, whose statements can subsequently be introduced in a court-proof manner.
Early identification of risks and conflicts of interest: reputation analyses help to spot potential problems - particularly before accepting a mandate or entering negotiations.
Due diligence in commercial law mandates: companies, assets and complex interconnections can be examined at an early stage.
An information advantage for out-of-court solutions: OSINT offers clear advantages in negotiations, settlements or out-of-court dispute resolution.

How an OSINT investigation works

A professional OSINT investigation follows a clear, structured process:

Defining the question Objectives and focus are defined together with the lawyer.

Systematic information gathering Research in open as well as specialised sources - from social media through commercial registers to international databases.

Analysis and assessment Examination of the data for relevance, plausibility and connections.

Verification Critical information is corroborated through further sources.

Documentation and reporting The results are prepared in a structured and traceable form.

Admissibility of OSINT data in court

In the DACH region, OSINT data is generally admissible provided it comes from legal sources and no technical protective mechanisms have been circumvented. Its evidential value, however, depends heavily on the traceability and integrity of the data.

Not admissible is information obtained by circumventing passwords, through deception or in violation of personality rights.

OSINT and data protection (FADP/GDPR)

Publicly accessible information is also subject to data protection provisions. Processing must serve a legitimate purpose and be proportionate. Particularly sensitive data requires a clear legal basis or explicit consent.

Important: mere availability on the internet does not automatically mean the information may be used freely.

Ensuring the integrity of OSINT data

To use OSINT data in a legally sound way, the following measures are essential:

Complete documentation of all investigative steps
A transparent chain of evidence and traceable data processing
Storage of the original data (e.g. screenshots with timestamps)
Use of automated tools with checksums and logs
Objective assessment: a clear separation between facts and opinions
Prompt preservation before content is altered or deleted
IT security standards for storage and processing

Best practices

Critical assessment of the data found
Careful documentation of every source
Cooperation with specialised providers such as Sheriff Security in order to minimise legal and technical risks

Conclusion

OSINT investigations offer lawyers far more than evidence - they are a strategic instrument for forward-looking and well-founded case management. Sheriff Security delivers not just data, but actionable findings that are confidential, structured and legally sound.

Whether for mandate screening, gathering evidence or negotiation strategy: whoever knows the digital footprint has the better arguments.

Frequently asked questions about OSINT

Can OSINT data always be used legally?

Not automatically. OSINT data may only come from publicly accessible sources, without circumventing access restrictions. Publicly accessible information is also subject to data protection law and must be processed lawfully.

Can OSINT findings be used as evidence in court?

In principle yes - subject to the applicable legal conditions. For OSINT findings to be used as evidence in court, they must come from legal, publicly accessible sources and must not circumvent access restrictions (such as passwords or closed groups). Their evidential value depends heavily on complete documentation, technical traceability (e.g. timestamps, source preservation) and the immutability of the data. The distinction between facts and opinions is also decisive in enabling an objective assessment. In many cases OSINT data serves less as directly usable evidence and more for strategic preparation, generating leads or supporting other evidence. Properly documented and safeguarded, however, it can very well be introduced into legal proceedings - particularly when supplemented by screenshots, digital fingerprints (hashes) or logs.

What distinguishes a professional OSINT investigation from a simple Google search?

Professional OSINT investigations follow a structured, multi-stage procedure, use specialised tools, international registers and forensic methods. The results are also analysed, verified and documented in a legally sound manner.

How long does an OSINT investigation usually take?

That depends on the scope and the question. Initial results are often available within 24 to 72 hours. For more complex mandates the investigation can take several days to a few weeks.

What information may be collected about individuals?

Only information that comes from open sources and serves a legitimate purpose. Particularly sensitive data (e.g. health data) requires a specific legal basis or explicit consent.

When is the use of OSINT particularly worthwhile for a law firm?

Above all for mandate screening, civil and criminal proceedings, asset tracing, compliance matters, due diligence processes, or where an information advantage is to be used strategically.

Are you screening a mandate, a company or an opposing party and need solid background information?

Talk to us about your OSINT investigation.