Thursday, June 26, 2008

Can a lawyer record your phone calls without you knowing? -

My husband said his lawyer recorded a phone call that I made to him. Is this legal?

In almost every state, one party to a phone call can record the call without the other party being informed. There are a few quot;two-partyquot; states. But I guarantee that the attorney knows what state you re in, and knows the recording laws there.

It depends on the state. Some states require that both parties are aware that it is being recorded, and other states only require that one party knows that they are being recorded. Police informants do it all the time. They tape a wire to themself and hope that someone talks. There are rules about it though. The policy is that if you say something to someone, the secret is out. That person can now go tell people. If you don t like the idea of being recorded, then don t say something you don t want others to hear. Since he is not your lawyer, he is your husband s lawyer, he owes no confidentiality to you. Basically it would depend on the state though and I would assume, if he was a lawyer, he is aware of the current laws of his state. He probably wanted your witness statement. If there is nothing you said that would harm you, then what are you worried about? He probably just wanted to make sure he could go back to your recorded statement when developing your husband s case, in case he forgot something. When I was a legal secretary, I would have people talk while I typed. He probably couldn t do that on the phone and probably gave the tape to his secretary to put in writing.

It depends on what your state laws say. In Washington state it is illegal to record a phone conversation with out the other parties consent. Check with your state ordinances .

Check your state laws. In TX. one person has to give consent; in other states 2. Va. requires both which is why Linda Trip got in trouble. Nobody can tell you because we don t know what state. Get on stat website and ask that ?.

the only way he can *legally* do so is by telling you in *advance* that the call is being taped.

Only the government and law enforcement officials can record phone calls. If the lawyer tries to use this phone call in court, it would be invalid.

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