When your portfolio's content is proprietary

When your portfolio's relevant content is proprietary — that is, it contains intellectual property of a company with which you signed an NDA — it's logical to assume that you simply aren't allowed to use that work to address a prospective client's concern about having done work similar to their requirements.

Such an assumption can be dangerous to your professional reputation.

The problem is that, when a hiring manager hears "the work you're interested in seeing is proprietary; I signed an NDA with that company and therefore can't show it to you," she or he is much more likely to think you're hiding something than that you're acting out of respect for your legal obligations.

By no means is Synergistech advocating that you ignore your written obligation to keep work you've performed for a given company out of the public domain. Instead, we recommend a more creative and constructive strategy, one that is likely to help you and your prospective manager while fully preserving your former employer or client's confidentiality.

Here are some ways to convince the hiring manager you've done what you claim without compromising your obligation to confidentiality:

1. Have your would-be client or employer sign the same NDA that you signed. It's a good idea to keep a copy of what you signed originally, or an unsigned NDA from your former client or employer, for exactly this purpose. Alternatively, write your own agreement that approximates the intent of the one you signed — they're all pretty much the same — and have your prospect sign it. (It'll cost them more than they care to pay to prove that your NDA was inadequate, and no one can argue that you failed to act in the appropriate spirit to protect both yourself and your former client or employer.)

2. Retain an electronic copy of the deliverables you create for all your clients and employers, then 'neuter' a copy of what you kept by changing all the proprietary details (perhaps by substituting the names of Disney characters) so that the reader cannot gain access to intellectual property, but will still be able to understand what you wrote and appreciate how you presented it.

3. Scan hardcopy of your work, save it in Acrobat format, then in Acrobat Professional use Control-E to access Highlighting Toolbar Properties, select the color black from the dropdown menu, and redact (black out) the words you want to keep private. Finally, secure (lock) the document so it can't be printed, copied, exported, or altered, then put the file on a password-protected web site that you control. Supply the URL and password information to your potential client or employer, then change the password soon thereafter.

4. Ask your former employer or client for permission to share certain parts of deliverables you created on their behalf. Show them the actual documents (pages, chapters, books) you plan to share with others. If the material is sufficiently dated, vague, or irrelevant to their current activities, they may agree to share it. If they do, get the permission in writing and share it with your prospect.
   
   Even if the company for which you performed services has been acquired or is no longer in business, find out which company (if any) acquired the entity's intellectual property and approach their legal department for permission to include specific deliverables in your portfolio. Just showing your prospect a copy of your letter requesting such permission can improve the legal defensibility of your actions, not to mention elevating your professional stature in their eyes.

5. If none of the above techniques prove practical, insist on getting the full legal name, mailing address, email address, SSN, and signature of everyone who comes into contact with the document or documents you present. Sharing that information is a significant deterrant to acting irresponsibly.

Essentially, you can act responsibly relative to the company for which you performed past services without jeopardizing your future employment prospects. You just need to use your imagination and seek the legitimate interests of as many parties as possible.

Alas, those technical communicators who'd prefer to rely on the "it's proprietary" response now have fewer plausible excuses.

For additional advice, see our articles on what should be in your Technical Communications portfolio, presenting your portfolio, and how to create a portfolio of developer-oriented documentation.

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