Although studies vary, by most accounts we spend anywhere from 20-50% of our waking hours at work. Reportedly, nearly 10% of U.S. workers have commutes of 60 minutes or longer and the average one-way commute is about 30 minutes. What does this tell you? We’re either working or commuting a great deal. As a result, it’s probably no surprise that professionals may gab about work-related issues while commuting. But therein lies the risk. Ethical responsibilities prohibit professionals from disclosing confidences, yet we may be more susceptible to a slip-of-the tongue during an informal conversation away from the office. Do the same ethical rules governing in-firm communications apply during a quiet conversation in a taxi or train? Of course they do yet recent data suggests that many professionals forget the importance of confidentiality during their commute.
There are plenty of ways that commuters occupy their time. Some read, some work on a crossword, some complete last-minute assignments or prepare for the morning meeting. Many eavesdrop. (According to a UK study, 72% of commuters are looking over the shoulder of their fellow commuters to see what they are working on). So, rest assured that your commuting neighbor may glean confidential information from an overheard conversation, from the notes you scribble, or from the caption or jacket in a folder in your briefcase. This inadvertent disclosure may cause embarrassment, or worse, for you and your client.
Take for example the well-publicized 2009 incident when an attorney publicized to his fellow travelers a list of associates who his firm intended to terminate. A passenger alerted a well-known blog which published this information. The repercussions included a public apology and a public relations headache.
Moreover, the simple fact that your client is even a party to a lawsuit is information that, although public, should not be broadcast during your commute.
Given the nature of the modern commute and business travel, it’s inevitable that many professionals intend to utilize that time working. When doing so, consider the following tips to maximize efficiency on the road while making sure that your clients’ interests are protected:
Put it in code. Institute a policy of referring to cases or clients by code names (i.e. instead of the “Smith” case, it’s the “Snickers” case), even in the office. This way, your team will become accustomed to using this terminology, reducing risk of an out-of-office disclosure.
Trick out your mobile devices. Those who regularly handle confidential information may consider using a screen shield, which blocks the sideways views of curious neighbors, or a software program to make documents seem innocuous.
Hang up the phone. Avoid speaking with clients on the phone while traveling. The risks outweigh the advantages, and you can explain the reasons for this blackout when responding to the client via e-mail.
Don’t overpack. Do you really need to bring a phone, tablet, laptop, AND a thumb drive on the plane? If you don’t have the information on you, it is not susceptible to loss or theft.