Zipped lips (part 2): Ensure client privacy now

She was now in a tight spot. She didn’t want the client to proceed with this unethical law firm. But she also didn’t want the client to think she was a schmuck. Her best option was to honestly explain what happened and to try to make things right. After some initial awkwardness, the client came around and she was able to expel the law firm. Then they tried to grab a share of her commission. Talk about legal ethics!

But here’s the lesson of my story. When discussing a client with other professionals, always think through the confidentiality implications. Had she done so, she would not have talked to a second agent without first getting the client’s permission and defining her privacy expectations with the agent. She knew she acted in good faith. The client had a need, and she was totally engaged in meeting that need. But protecting her client’s confidences just wasn’t a high priority for her. It should have been.

Clearly, managing the human element isn’t the only requirement. You also need written privacy guidelines. For example, make sure to:

1. Mandate due diligence on supplier privacy practices, including an examination of each firm’s privacy statement, training, and e-mail encryption.
2. Assess your own internal practices, making sure your laptops and mobile devices are password protected and that client electronic data is protected.
3. Lock down your own workplace, starting with appropriate hiring practices (including background screening), limited public access to office areas that contain private client data and effective file handling procedures.

But don’t stop with written words and electronic bytes. Make sure your behavior with staff, colleagues, friends and family promotes client confidentiality. It’s the way to succeed in the age of WikiLeaks.