Internet Crime Co-Counsel and Consulting for Attorneys

Lawyers and law firms often bring Attorney Ron Frey in as co-counsel or as a consultant on internet crime, computer crime and digital evidence cases. Over more than 20 years, he has consulted with other lawyers and firms on countless cases in all different types of matters. Sometimes that means a second opinion. Sometimes it means looking at one specific issue, reviewing the file, giving feedback, or preparing or litigating a certain part of the case alongside the lawyer who already has it.

If you are a lawyer with a case like this, or a client whose lawyer is thinking about bringing someone in, the first step is a call.

What does it mean to bring in co-counsel or a consultant on a computer crime case?

It means the lawyer handling the case adds another lawyer for a defined purpose. The original lawyer usually stays on the case. Attorney Ron Frey comes in to help with the parts where his background in computers and the law adds something.

What that looks like depends on the case and on what the lawyer and client need. Lawyers have called on him to:

• Give a second opinion on the case or a planned strategy
• Consult on a specific issue that has come up
• Review discovery, reports or other parts of the file and give feedback
• Help prepare certain parts of the case
• Litigate certain aspects of the case, working as part of the defense team

What kinds of issues do lawyers bring him in on?

Digital evidence now shows up in almost every criminal case, not only the ones labeled “internet crime.” The questions he is most often asked about are the same ones he has worked through since his first cases:

• Search and seizure. How the devices and data were obtained, and whether the search and the warrant hold up under the Fourth Amendment.
• Investigative software. Whether the tools investigators used were authenticated, and whether they worked the way the government says they did.
• The investigation itself. Whether agents followed proper procedures.
• Authentication and chain of custody. Whether the data is what the government says it is, and who handled the devices and data along the way.
• Possession, knowledge and intent. Whether files were actually under the person’s control, and what the person knew, as opposed to what a computer happened to store.
• Mitigation. Helping a court see the person behind a case that can look like nothing but files and log entries.

These issues come up across many kinds of cases, including allegations of online fraud, hacking, cryptocurrency transactions, possession of prohibited files, and newer cases built around artificial intelligence tools. They come up in state court and in federal court.

When is a team approach the right fit?

Attorney Ron Frey is generally open to working with other attorneys and taking a team approach. He looks at three things before he agrees to come in:

• Whether it is the right fit for the case and for the lawyers involved
• Whether it matches the needs and best interest of the client
• Whether his services can make a difference in the case

If those line up, he can work with the existing lawyer in whatever role makes sense. If they don’t, he will say so. No lawyer can promise an outcome, and adding a lawyer doesn’t change the facts of a case. What it can do is help make sure important issues get looked at while they still matter.

Who is Attorney Ron Frey?

Attorney Ron Frey’s work in this area began in the early 2000s, while he was still in law school, clerking at a criminal defense firm in Cuyahoga County, Ohio. At the time, county and federal authorities had formed a joint task force to prosecute online activity, and many of those cases traced back to peer-to-peer file-sharing programs. As a clerk, he worked on the defense of numerous clients in those early cases.

After earning his law license in 2004, he began representing clients himself, handling cases from the investigation stage through resolution and, when needed, on appeal. Much of those years went to learning how the investigations worked: the methods law enforcement used, the software that monitored peer-to-peer networks, and the forensic tools used to examine seized computers.

That experience is why other lawyers started calling. Lawyers and law firms around the country have asked him to consult on cases, serve as co-counsel, and represent clients facing charges involving computers, the internet or data storage devices.

A few other parts of his background:

• Teaching. He has presented continuing legal education (CLE) seminars throughout Ohio for local bar associations and criminal defense lawyer groups, and taught for associations of criminal defense lawyers in Utah, New Mexico, Pennsylvania, Alabama and elsewhere. He has served as an adjunct professor at Ursuline College, where his courses included computers and the law, digital evidence, criminal law, criminal procedure and constitutional law.
• Writing and speaking. He is a published author of articles for criminal defense association magazines and other publications, as well as a book, and he speaks at legal conferences. Members of the media have called on him numerous times for commentary.
• Licenses and courts. He is licensed in Ohio, North Carolina and Florida and is admitted to practice before the Supreme Court of the United States. He has appeared pro hac vice and represented clients in many other jurisdictions, including federal courts in Washington, D.C., Los Angeles, the Southern District of New York, Ohio and Florida.
• Associations. He is a Life Member of the National Association of Criminal Defense Lawyers (NACDL) and a member of the Florida Association of Criminal Defense Lawyers (FACDL).

Today his primary practice is in Tampa, Florida, and he still handles cases around the country. His full story is on How Attorney Ron Frey Came to Defend Internet and Computer Crime Cases, and his credentials are on his attorney profile.

Frequently Asked Questions

Can a lawyer bring in Attorney Ron Frey for just one issue in a case?

Yes. Some lawyers call about a single issue, like a search warrant question or how a piece of investigative software works. Others want help with a larger part of the case. The scope is worked out at the start.

Does the client’s current lawyer stay on the case?

Usually, yes. In a co-counsel or consulting arrangement, the lawyer who already has the case typically stays involved, and Attorney Ron Frey works alongside them in the role they agree on.

Can he help on a case outside Ohio, North Carolina or Florida?

He has worked on cases in many jurisdictions, including on a pro hac vice basis, where a court gives permission to a lawyer not otherwise admitted there to handle a specific case. Whether that fits a particular case depends on the court and its rules, so call to talk it through.

I’m a client. Can I ask my lawyer to bring him in?

Yes. You can raise it with your lawyer, or your lawyer can call directly. He only agrees to come in when it is in the client’s best interest and his involvement can make a difference.

Does he work on state cases or only federal cases?

Both. Computer and internet cases can be filed in state court, federal court, or sometimes either one. See Computer / Internet Crimes in Both State and Federal Court.

Talk With Attorney Ron Frey

If you are a lawyer with an internet, computer crime or digital evidence case and want a second opinion or help on part of it, or you are a client whose lawyer may bring someone in, call Attorney Ron Frey of The Frey Law Firm, LLC. Your Free Initial Confidential Consultation is the first step, wherever the case is.

Call or text (844) 766-3739.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.