Maintaining Confidentiality Should Never Be an Afterthought
By Mark Bassingthwaighte
How much time do you really spend thinking about your ethical obligation to maintain client confidences ? I suspect not much . We all understand that what we learn at the office is to stay at the office . That ’ s a good start , mind you , but is this understanding enough ? How far does it really go ? I believe it goes further than most of us realize because maintaining client confidences is about more than just keeping our mouths shut .
Allow me to share an example to demonstrate the point . In office share settings or executive office space , it isn ’ t uncommon to find files are left lying about , office doors left open , file cabinets left unlocked , and even computers left on overnight . Sometimes this is reportedly due to the necessity of allowing janitorial staff access so that the space may be cleaned .
ALPS Risk Manager Mark Bassingthwaighte , Esq . has conducted over 1,000 law firm risk management assessment visits , presented numerous continuing legal education seminars throughout the United States , and written extensively on risk management and technology .
Check out his recent seminar , Should I ? Best Practices for Client Selection , by visiting the on-demand CLE library at alps . inreachce . com . He can be contacted at : mbass @ alpsnet . com .
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When asked about confidentiality concerns in these settings , I often am told that I needn ’ t worry because no one on the cleaning staff speaks English . I don ’ t know about you , but that response makes me nervous . After hearing that kind of response , I would so love to take a look at any computer in that firm that was left on overnight . Call me a pessimist if you must , but I don ’ t buy that the computers are never touched or file drawers never opened . Years ago , I managed a cleaning service / skills training program , and I can assure you that what can go on in your office after hours would be upsetting to many .
We need to get past thinking about our confidentiality rule as just requiring that we keep secrets by keeping quiet . With this in mind , I thought I would share some additional thoughts you might want to keep in mind .
At a minimum , all tech must be password protected . This is particularly import with jump drives , external hard drives , smart phones , and tablets as these items can be easily lost and sometimes are stolen . Laptop and smartphone theft is rampant and such thefts do not occur just at the airport . You would be surprised at how many disappear from offices . Don ’ t make it easy .
What would you do if you learned information about a client has been posted on Facebook ; then upon further inquiry discovered that several days prior an attorney at the firm lost his iPhone and the posted material was on that device . Ouch .
If anyone at the firm wishes to access the firm ’ s network using a wireless connection , this should always occur via an encrypted session . Here is how I feel about it . If you or anyone on your staff has no idea how to tell if the signal that you or they are about to connect to is from a trusted source versus a viral peer-to-peer network , then neither of you has any business using wireless for workrelated purposes .
If you wish to risk your own identity , that ’ s your own choice . Client confidences are another matter . Further , I don ’ t care if it is a free WiFi hotspot at your favorite local coffee shop or your own home router for that matter . Just because it ’ s convenient doesn ’ t mean it ’ s safe . In simple terms , always use a VPN ( Virtual Private Network ) connection when working over a wireless connection . Always !
Yes , just about everything in the cellular service world is now digital , which we all equate with being secure . That ’ s a positive development ; but so what . What I don ’ t understand is why so many continue to walk around with Bluetooth headsets always on and / or having private conversations in public places . Making matters worse , I continue to laugh at those folks who seem to believe that because the mic is back by their ear they must speak QUITE LOUDLY in order to be heard . I must have missed this in science class , but apparently sound doesn ’ t travel around the side of one ’ s head very well .
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As attorneys , we have an affirmative duty to preserve and maintain client confidences and this duty requires more of us than simply keeping quiet when outside the office .
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Again , Bluetooth ’ s convenience doesn ’ t make it secure . To me , that blinking blue light says “ victim here .” When not in use , turn the Bluetooth functionality off , and for goodness sake , stop talking at full voice and find a private place to make all work-related calls . The guy sitting next to you at Starbucks doesn ’ t want to be forced to hear all about your client ’ s problems .
This list could go on and on , but hopefully you begin to get the point . As attorneys , we have an affirmative duty to preserve and maintain client confidences and this duty requires more of us than simply keeping quiet when outside the office . Lock doors