Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Law Firm Hired Investigator to Friend 12-Year-Old in Dog Bite Case

May 9, 2012

Well, that is what is alleged in this strange lawsuit. It is hard to believe that an insurance company would ratify a law firm's hiring of an investigator to pose as one of the young lady's friends on Facebook, but that is what is alleged. If the allegations are true, I have two questions:

  1. Have the lawyers taken any ethics courses recently?
  2. Have they lost their minds? How could this possibly seem like a good idea?

OK, that was three questions, but who's counting?

By posing as her friend (who apparently didn't give the investigator his credentials – that part is murky), the investigator was able to get 221 photos and 1000 messages posted by the 12-year old and her friends. Over a dog bite case?

This is the first time I've seen a law firm engaged in this kind of conduct if the facts are as stated. The law firm is Kerns and Proe in Ohio. I'd love to hear their side of this but thus far they've been unavailable for comment.

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