Greg Loomis said:
What is the name of your state? California
I secretly recorded a conversation with the boss. This is legal because I am the victim of extortion, and my boss is the perpetrator. What kind of obstacles can I expect to run into when I try to submit the recording as evidence in a civil case? Does the State need to bring criminal charges against, and prosecute, my boss first?
My response:
A secret recording may constitute an intrusion on privacy even if the matters recorded are not confidential: "(A) person may reasonably expect privacy against the electronic recording of a communication, even though he or she had no reasonable expectation as to confidentiality of the communication's contents." [Sanders v. American Broadcasting Companies, Inc. (1999) 20 Cal.4th 907, 915, 85 Cal.Rptr.2d 909, 914]
The attorney's duty to uphold the law (Ca Bus & Prof § 6068(a)) clearly bars the attorney from directing or encouraging the client or any third person to obtain evidence in an illegal manner (e.g., illegal tape recordings). But there appears to be no bar to an attorney's use of records or information obtained in this manner without the attorney's involvement. [See Evens v. Sup.Ct. (Los Angeles Unified School Dist.) (1999) 77 Cal.App.4th 320, 325, 91 Cal.Rptr.2d 497, 499--California's privacy laws and statute prohibiting unauthorized recording of classroom teachers do not prevent use of such recordings in teacher disciplinary proceedings]
An employee facing discharge or discipline occasionally may remove from the employer's premises (or come to possess by other means) documentary evidence that the employee deems relevant to his or her discrimination, harassment, wrongful termination or other employment-based claim.
But it is unclear whether there is any bar to an attorney's use of evidence obtained illegally without the attorney's involvement. [See Evens v. Sup.Ct. (Los Angeles Unified School Dist.) (1999) 77 Cal.App.4th 320, 325, 91 Cal.Rptr.2d 497, 499--California privacy laws and statute prohibiting unauthorized recording of classroom teachers did not prevent use of such recordings in teacher disciplinary proceedings]
IAAL
