EVERYONE ELSE IN THE TRAIN CARRIAGE CAN HEAR YOU KNOW: THE DANGERS OF WORKING (AND TALKING) ON THE TRAIN

January 19, 2023 · by · in Conduct

Twice in the past two days lawyers have tweeted experiences of people sitting in a train carriage and openly discussing ongoing cases. “What offers are we going to make”, on both occasions.  One tweeter observed that he knew the subject matter of the dispute and one of the parties.  This seems an appropriate time to remind people of the advice the lawyers of Twitter gave back in 2019.  The subject started because a solicitor (I didn’t know) sat next to me on a train and typed all kinds of confidential emails, with no attempt to gain privacy.

ADVICE FROM TWITTER – THE DANGERS OF TRAVELLING ON TRAINS

 

I was heading to Newcastle for my first contract negotiation. Three gentlemen got on the train and sat at the same table. After eating they proceeded to discuss their strategy and bottom lines for their negotiating meeting the next day. Next morning only one of them recognised me

I was able to draft a response to a letter of Claim last year “Thank you for your letter which we have been expecting as your Mr X referred to the drafting of the same in a phone call on the 7.45 Euston to Manchester last Thursday”. Client’s employee was on train

As a journalist, I want you all to keep chatting and leaving your documents out to read. Ignore the naysayers.

 

 Apr 6 

I blogged about this a few years ago – I’m amazed that people are so indiscreet on the train (with correct link this time): 

Late to this one but not obvs not restricted to lawyers…..once spent most of New Street to Euston trying to avoid reading adjacent laptop belonging to senior finance officer of major corporate experiencing high profile financial difficulties 🙄 

Often – pre-tech- used to see young barristers ostentatiously reading (very thin) instructions on the tube and train, red ribbons aflutter, backsheets and evidence on show. Assumed they were sweetly proud of their new status. Always whispered a discreet word as I passed.

I sat next to a HR professional advising client by phone how to make up a discipline process to dismiss an employee. Sophisticated plot. I really wish an employment judge could overhear as apparently, many don’t believe in conspiracies. 

 

2013: Grabbed my backpack off the train luggage rack and headed to the court. Discover on the security search it contained someone else’s gym kit and a lot of protein shakes (“no, I won’t sip them, thanks”). Got the papers back in the end. Pretty uncomfortable hearing, though.

 

This is how I travel with files. And I don’t get them out en route! 🔒⛔️🤐

 

Early in & around time my crime career ended, I mislaid” an original CPS prosecution file on a works night out. Realisation it could not be found did nothing for hangover. Turned up after loss reported. Hanging offence now. Rightly so. Glad I’m not starting off or so stupid now.

I’ve been a train commuter since January. Shocked how many files I see clearly showing names, details… also how many people call secretaries/colleagues e.g. “On [FULL NAME OF CLIENT]’s file, please send CAFCASS report to counsel and point out [FULL NAME]’s drug test failure” 🙈

challenge them. I do, every time. It’s shitty behaviour and disrespectful to our clients. Or take their photo and share it in here!!

A chap sat opposite me on a long train journey to Cardiff and spent the whole journey on his mobile talking about Children Act cases. We both got off the train in Cardiff and he kept looking at me in increasing horror as we both walked the same way to the court building.

 

He wasn’t a lawyer but I recently sat behind someone who started a PowerPoint on ‘IT Security’. He proceeded to tap out confidential bits n bobs and even left the pc unlocked when going to the loo. I actually thought I was on some TV prank show.

 

Technically they could be in breach of SRA code of conduct 4-6 : 4.act in the best interests of each client; 5.provide a proper standard of service to your clients; 6.behave in a way that maintains the trust the public places in you and in the provision of legal services;

One note of caution for those looking to name & shame. It isn’t unheard of for draft transaction documents to use pseudonyms for parties/assets/properties etc in a deal right up until they are engrossed for signature. It may be that nothing identifying a client etc is on display.

Replying to 

I was on a train on Friday Mcr/London where a woman was sitting near the carriage exit (i.e. where people queue) with papers out on the seat next to her (the aisle seat) showing her firm’s name and also ICO headed papers… which made me chuckle 😬

 

1. On a tube and the chap next to Me was reading his file for a housing hearing. I could see everything, he wasn’t even trying to hide the information 2 First class – Manx/Lon, silk takes out brief and papers to read. I mentioned I was a solicitor, he told me all about his case!

Privacy screens for laptops stop are available for exactly this and should be used, it’s only way to remain GDPR compliant and work on the move. Firms should and do supply them (sometimes you might have to ask the IT department nicely-dont ever get on their bad side!!!)

I heard a phone call whilst stood up (obviously!) on the train where a solicitor was completely bad mouthing their client and the case itself.. I could even see information on their screen and no doubt everyone around them could!

I’ve lost count how many times I’ve seen files open or left whilst people go to the toilet or to the on train cafe..

I once mentioned to a woman next to me that I could read all the sensitive info she was typing about school pupils. She called me rude and moved. To prove my point I put the info together, identified the school and reported her…

On train to London, solicitor sits next to me and plonks 4 files on the table. They were bundles. He tells me he is on his way to a con and then to RCJ to hand deliver bundles. Proceeds to read a file. I could see it all. He then goes to loo and LEAVES THE FILES ON THE TABLE!! 😳

I’ve caught quite a few Cheltenham/Bristol trains in the last year and could have read loads of confidential information as people work on long journeys (train starts in Manchester).

There is the good old standard of counsel/solicitor (heard it so many times) falling asleep on train, waking up at station, jumping off and leaving wheely bag on the train. They are never seen again…

as trainee sol,sat down w/the ‘risk partner’ & told NEVER get papers out on train & NEVER leave papers in car 

Absolutely correct. I once called to collect some files from a cost draftsman’s office. Manager greets me and says he’ll just get the files …. from his car. I almost had an apoplectic fit!

I solve this problem by only writing by hand on the train, and fortunately my writing is utterly illegible (even to me quite a bit of the time…)

As I stand on my packed train nose to nose with other commuters reading this thread I’m actually glad for once that I don’t have the opportunity to do any work on the train. The amount of confidential emails I’ve been able to read over other people’s shoulders is concerning.

Sorry to say I’ve seen this frequently on trains. Sometimes I’ve been able to nudge the person into a little more discretion

I once received a call from a bouncer of a London pub. Our cost draftsman had left one of our files there. Apparently it was a con with Counsel!

I once sat across the aisle from a bloke on the train who, by the time he had finished his call I had found on Linkedin.

I once sat next to a man on a commuter train into Charing X who was reading a file in which the top of each page was stamped “SECRET” … I did read over his shoulder, about an ongoing British Navy exercise in the Channel – and I did report him by telephone later that morning.

I remember one particularly awful super early transpennine train to Manchester, sat on the floor in the corridor, full roller suitcase and carrying some extra bundles. Tried to get some sleep then woke in a panic realising case names visible on files  (It was a construction adjudication, so not a matter of public record like a court case would be). Cue unhappy session of reversing the cover sheets/spine labels. And then flipping them straight back again on arrival at the office.

I would advise that the notes could be seen… If the advice wasn’t greeted with appreciation – I’d write out what I’d gleamed from the screen/paperwork & hand it to the person… Their breach of confidentiality & lack of professionalism isn’t my job to correct…

1. On a tube and the chap next to Me was reading his file for a housing hearing. I could see everything, he wasn’t even trying to hide the information 2 First class – Manx/Lon, silk takes out brief and papers to read. I mentioned I was a solicitor, he told me all about his case!

Also applies on station platforms, as the social worker from LB of anon discovered as I read confidential children files over her shoulder.

The obvious one oft forgotten is pubs, “you never know who’s listening’ is the rule. Once had *unflattering* convo with a good friend about our great mutual friends new girlfriend, Sat lunch in bar. Ten empty tables, one random who left. Phone rings, it’s him calling from Bali  “Why are you sat in the pub slagging off my girlfriend” Transpires the random other guy knew us all. We didnt know him but he knew us. And that was 15 years ago.

And beware of the possibility you are talking to someone instructed on the other side…

We get fancy screen covers, so no one can peek. They cost a few quid. If you must work in public, work smart.

In similar vein…on a crowded London/Manchester train, I was at a table for 4. The other seats were taken by 3 doctors who spent the entire journey discussing applicants for a senior academic role.

Screen covers and encryption software as a minimum, and no physical papers on the train. Still often redact electronic documents before I travel. The individual from the global top 10 (by revenue) firm with the confidential SPA spread across the table took no such precautions!

I have another good tale of yore from the Bar. The source is a friend, called before I was born, now retired. The protagonist a gentleman barrister related to the Windsors. Described by my friend as “not very bright but a jolly cove” – with that in mind, let’s call him “Bertie”

Bertie is due to be prosecuting the morning list in the Brighton Magistrates Court and duly sets off on the “Brighton Belle” from London to Brighton.

In true “jolly cove” fashion he avails himself of the wares of the refreshment carriage, which (because everything was better in those days) served booze even at that earlier hour.

Arrives in Brighton squiffy and unable to find his ticket – result, Bertie is arrested after a disagreement with the ticket guards.

Bertie thus finds that his morning at court commences with Bertie himself in the dock. Enters a guilty plea to the offence charged.

30 minutes later, Bertie strolls back into court in robes and quite cheerfully cracks on with prosecuting his list.

Care is called for of course but is it being suggested that we should not read files on the train at all ?

I’ve recently had a difference of opinion with a solicitor about this (a propos charging for travel time). I never assume that I can work on the train, or have papers with identifiable details or a screen of text visible, will only read if I can’t be overlooked at all

I used to try and use the time for things like Westlaw research

I remember listening to a fascinating conversation between magic circle trainees on a cable car skiing a few years ago.

I have managed to survive in this noble profession without ever having worked on a train. Train travel is a joy. Enjoy the view, talk to a stranger, sleep, relax, read a book. Get off the billable hour treadmill for a few precious hours.

Don’t mark up files with full name of case. Travel 1st class & sit in single seat. Close laptop when leaving seat & make sure it needs a password when reopened. If telephoning send preliminary email confirming A B C etc for particular people. Use journey to review authorities.

Heard this 2nd hand. Sol left file on train. Rail staff found it & sent to client (!). Client compained to ICO. ICO contacted sol. Sol then remembered where he’d left it…

It’s not just lawyers. When I was CEO, member of public photo’d 1 of my staff reading v sensitive papers marked RESTRICTED & emailed photos to me. Result: disciplinary warning for her policy reinforced for all. We all work on trains so need to be vigilant about what & how

As I recall this incident took place as she was travelling to work, so was in her ‘own time’. Pressures on all of us mean we work at home/on trains/in cafes & outside of ‘normal working day’. Onus on us to assume curious eyes are watching, listening, reading

A privacy filter for your screen is a good investment. With a decent one you have to look directly at the screen to see anything. I’m always amazed when two colleagues sit on a train and discuss confidential matters openly and usually, loudly.

And have long phone conversations analysing meeting they’ve just been in with named clients

Some are reasonable points …. but in some instances one is bound to ask … why were people looking over someone’s shoulder …

Difficult. A lot of sols under pressure to get enough time recorded. If going from London & back that’s 4 hours of time ‘wasted’. Sols one of most stressful jobs. Not supporting sloppiness but I can see why it’s done.

1. I once sat next to a smartly dressed lad on the train & watched him get stuck into a neatly prepared bundle. clearly hadn’t looked at it before because the file was pristine. He started highlighting and furiously page turning. I ignored him until I couldn’t help but notice…

2. At the top of a page was my firm’s letterhead. Even better, there was my name on the foot of the page! Turns out he was a paralegal for my opponent at a round table meeting we had scheduled later that day…

3. His supervisors were travelling separately and told him to read up on the way. Introduced myself and he promptly put the papers away. Nice chap. Sure he won’t do that again

I’m the ideal co-passenger as I can’t read screens but once a legal type sat next to me and dictated a letter! I was hoping it would be a spicy divorce but sadly it was some tedium to the Land

Registry …

I am on a train …. decided to read a newspaper …. 

I’ve had to stop reading. These stories will give me nightmares.

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