Wednesday, December 19, 2018

Lawyer Schaumburg

Whether a secret recording is illegal and unethical depends on where it takes place and why.
The first question to address is whether state wiretapping laws have been violated and whether the attorney secretly recorded the conversation in a state with a one-party consent or two-party consent law. In many states, a person can secretly record a conversation as long as one party knows of it, and that one party can be the recorder. These are called “one-party consent” states. Other states are two-party or “all-party consent” states. In these jurisdictions, all parties to the conversation must know a recording is taking place. Illinois is a two-party state.

But even if secretly recording another person is legal—as it would be in a one-party state—attorneys must also consider whether such recordings are ethical.

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