Being “Uber” Careful with Client Confidential Information
By While the ubiquitous use of our cellphones allows us to make efficient use of travel time to talk with clients or about client matters, there is a new reason to be “uber” careful when conducting business while using ride services.
A fundamental rule of client representation is that we must keep our clients’ secrets. NCRPC Rule 1.6 (a) provides that a lawyer “shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) [which provides specific exceptions such as preventing the commission of a crime.]” Additionally, and just as important, “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Rule 1.6 (c). This includes, among other things, being mindful of when and where you to talk to or about clients.
Uber Technologies, Inc. has recently announced an experimental program of adding video and audio recordings in cars to make services safer for both passengers and drivers. “None of this is simple or easy, but we’ll continue to invest, test and learn to improve safety on our platform while respecting privacy,” according to Uber CEO Dara Khosrowshahi. According to news reports, the Uber dashcam recording experiments are being conducted in Dallas, Houston, Memphis, Nashville, Fort Myers, Naples and Tampa. Riders in those cities can see which drivers have cameras when they schedule a ride in the app and the car will have a sticker indicating a recording is underway.
While North Carolina has not been included in this initial experimental program, it is important that we as a bar are aware of it, and that we remember it is still wise practice to be “uber careful” when using a ride service, even if it is just you and the driver. Consider turning off your phone and just going along for the ride.