It is not our intent to debate whether or not this attorney’s tactic was ethical. Nor do we wish to deliberate whether or not this attorney’s action can be considered “entrapment,” or whether or not the survey would be admissible in a court of law.
Rather, our purpose here is to shed a cautionary light on what often appears to be a benign practice of sampling public opinion using a format with which we all have become familiar.
We all receive surveys. They come to us by mail, via pop-ups on the internet, or innocuously tucked inside magazines. These sometimes-efficient, sometimes-effective, intrusive or prying means of asking us to proffer comment on anything and about everything - our dietary behaviors, our shopping habits, our use of professional services, how much we earn, where we send our children to school, and so on - seem innocent, if a bit irritating by their number and frequency of appearance.
Once in a while, in the midst of this barrage of questions and “what do you think?” opinion polls, a survey crosses our path that seems to have value or resonates with a particular relevance to our lives. Our interest is piqued and - with the best intentions to help provide meaningful feedback - we complete this seemingly harmless document and send it back.
As consumers and professionals, however, we need to be more circumspect about the types of surveys we agree to complete and return. How can you safeguard your professional reputation and mitigate your exposure to liability?
If the survey originates from a recognized professional organization, medical society, and the like, the information solicited and gathered probably has - at its core - the goal to enhance the knowledge of those affiliated with the sponsoring organization.
However, if the originator or sender of the survey is unknown or vague, the odds increase that the survey may have a dubious purpose, such as to entrap the responder with his/her answers, which may appear to contradict actual events in a claim that might be filed in the future.
How do you recognize the survey that harbors the potential to harm you professionally? Here are things to consider:
· What or who is the source?
· What, if any, organization(s) endorses the survey or its findings?
· How will the survey findings be used?
· Will you receive a summary report of responses by all those who completed the survey? When?
· Contact your professional peers. Have they received this survey?
· Contact the professional associations with which you maintain a membership. Are they aware of this survey? Have they had inquiries from others in the membership about this survey?
· Is there contact information on the survey itself (or within the accompanying cover letter or other materials) providing an email address or phone number you can use to get clarification of the above or to obtain answers to any uncertainties you have about the survey, its questions, survey response use, etc.?
· Have you tested the phone number or email address provided to verify these are active (legitimate) and connect you to someone who is affiliated with the survey sponsor? It is easy to do a “reverse search” on the internet for phone numbers to determine if the owner of a phone number can be identified.
· What entity will tabulate and analyze the responses? Often, reference will be made along the lines of “results will be tabulated by the A&B, Inc., an independent data analysis corporation.”
· Before returning any survey, be certain to make a copy of the document you return. You will have a record against which to compare the original, should there be questions of your responses being altered after you submitted the survey. Or, consider making a copy, returning that copy and retaining the original in your files.
· Look at enclosed return-envelopes, labels, and mastheads. Compare these to the envelope used to mail the information. Are these the same? From what address did these materials come? Where are they asking you to send your completed survey?
· What is your gut telling you? Often we get a funny feeling about something. We need to pay more attention to these feelings, rather than summarily dismissing them. When such a feeling hits, be wary, do some nosing around and proceed cautiously.