Many law firms rely on in-house staff to conduct social media investigations and online research. These employees often juggle other responsibilities and typically aren’t trained in digital evidence collection. Even when performed ethically, in-house efforts come with significant risks that most firms are unprepared to handle.
Misidentification and Misinformation
Online discovery is vulnerable to error. Searching for individuals with common names makes it dangerously easy to identify the wrong person. Even if you locate the right individual, the data may be outdated, misleading, or entirely useless. In some cases, the search might yield nothing of value at all.
These mistakes aren’t just inconvenient—they’re costly. A misidentified individual could sue your firm, or worse, the entire case could be dismissed due to inaccurate or improperly obtained information.
Risky Engagement on Social Media
Social media is a legitimate source of evidence—but it’s also filled with legal landmines. In-house staff must avoid engaging with content or individuals while collecting social media data. That means no likes, no comments, and no direct messages—under any circumstances.
One of the biggest ethical violations? Sending a “friend” or “connection” request to a represented party to gain access to private information. This deceptive tactic not only violates legal ethics but can also result in disciplinary action or sanctions.
Some platforms require users to create accounts with their real names. When an investigator uses a personal or firm-identified account, they risk compromising the entire case—and exposing the firm to scrutiny or liability.
Lack of Expertise and Infrastructure
The challenges don’t end with ethics. In-house teams also lack the technology and expertise needed for proper evidence handling. Gathering, processing, and reviewing digital evidence demands specialized software that can:
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Detect duplicates
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Extract metadata and embedded content
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Convert files into a standardized, reviewable format
These tools are expensive to purchase—and even more costly to operate without expert staff. Assigning this work to employees without proper training creates more risk than reward.
False Savings, Real Costs
Trying to save money by keeping social media investigations in-house is a false economy. The legal and reputational risks far outweigh any perceived cost savings. Outsourcing to a qualified open-source intelligence provider ensures ethical compliance, data accuracy, and defensible results.
When handled by experts, these investigative costs can often be passed through to the client—lowering overall expenses while raising the quality and defensibility of your case.
SMI Aware has proprietary technology capable of executing sophisticated online forensics to handle high-volume discovery and analysis. Our independent in-house Analysts use their expertise and our proprietary software to perform thorough data collection and analysis to provide consistent, accurate results. Contact us to learn more about how we can help you with your ediscovery.
Let the Experts Handle It
SMI Aware’s proprietary technology and in-house Analysts deliver accurate, defensible results at scale. We manage high-volume discovery and social media evidence collection with unmatched precision and professionalism.
Let’s talk about how we can support your next ediscovery project.
