Taped conversation and Florida Bar complaints

[derek1]

What is the name of your state?What is the name of your state? Florida

I live in the UK but used a Florida attorney. The attorney represented me in Florida and was incompetent. When I confronted him about the serious mistakes he made, he denied he made any. The only evidence I have for his mistakes is a tape of a telephone conversation I had with the attorney. Unfortunately, I taped the conversation without the attorneys permission.

I am not interested in pursuing this in the courts through a legal malpractice suit, and the tape would certainly not be allowed as evidence for this anyway. All I want to do is make a complaint to the Florida Bar about the conduct of this attorney and I need to submit this tape to them as evidence of his incompetence.

The problem is that I am still trying to negotiate a settlement offer with the attorney and I'm stuck now and need to know fast whether the Florida Bar will accept this taped evidence or not.

I spoke to an attorney at the ACAP (Attorney Consumer Assistance Program) but they were unwilling to even tell me whether the Florida Bar would accept this tape as evidence of my attorney's incompetence.

So if anybody knows the answer to this, please let me know.

thanks,

Derek

 

[BelizeBreeze]

Florida requires "all party" consent before a recording can be legal, and then there are other requirements.

Keep the tape as a lesson. It's not going anywhere near the bar association.

 

[snostar]

All I want to do is make a complaint to the Florida Bar about the conduct of this attorney and I need to submit this tape to them as evidence of his incompetence.

File the complaint but ABSOLUTELY do not submit the tape or make any reference to recording the conversation!

 

[derek1]

File the complaint but ABSOLUTELY do not submit the tape or make any reference to recording the conversation!

I have nothing to lose by submitting the tape as I cannot be prosecuted in the UK, so why not submit it? If they don't want to protect the public from attorneys like this then that's up to them.

If I make a complaint without submitting the tape, he will just deny the allegation like he did with me.

I also just remembered that, according to the link below, it is not illegal to disclose this tape to someone in Florida. Florida is only one of ten states that allow disclosure of a tape like this one :

http://www.rcfp.org/taping/quick.html

So, to me it seems that information in the link contradicts some of what has been said here before. But, I'm not sure and I am confused by that link. I have a feeling I would still not be allowed to disclose this tape to the FL Bar, but would appreciate it if you guys can look at the link and clarify the situation with regards to the FL Bar.

Thank you again for any help you can give me.

 

[BelizeBreeze]

I have nothing to lose by submitting the tape as I cannot be prosecuted in the UK, so why not submit it? If they don't want to protect the public from attorneys like this then that's up to them. If I make a complaint without submitting the tape, he will just deny the allegation like he did with me.

then why bother coming here?

 

[KurganWarrior]

Recording someones voice on tape without permission is a felony IF you do it on a regular "land line" phone. If you have a recording of a conversation you can prove occured with at least one party on a cellular phone it can be used and is NOT against current law. I didn't say you can record him by cellphone, i said a recording is not illegal by cell phone. Knowingly taping someone over cellphone without their permission is in a grey area of the law. Having a taped cell conversation isn't. Actually since its digital there may even be a complete copy of the call with your cell carrier company for a short time. It is illegal to knowingly record him/her anyway but the nature of cellular devices means that the laws have not caught up. The "voice" signal goes out through the airwaves where it can be "captured" by anyone with a scanner. Most cell calls are captured by someone somewhere. Land line phones are secure. Cell phones most certainly are not.

All that being said, you can also secretly video tape any meeting you have with your lawyer but disable the sound before you do. Only the sound is not legal to get without permission.

Laws about "espionage" are ancient and haven't caught up with video cameras and cell phones yet.

This isn't of much help in your case but it answers legality issues about recordings a little I hope.

 

[KurganWarrior]

Re: your case

Don't disclose the tape.

Your word in sworn affidavit will be enough to cause the bar to take it at full value and leave the lawyer in the position of either denying what he said or admiting it. Either way you win, once someone starts to lie... its easier to trip them up.

Lawsuits don't require the bars approval before being launched.

 

[BelizeBreeze]

Recording someones voice on tape without permission is a felony IF you do it on a regular "land line" phone. If you have a recording of a conversation you can prove occured with at least one party on a cellular phone it can be used and is NOT against current law. I didn't say you can record him by cellphone, i said a recording is not illegal by cell phone. Knowingly taping someone over cellphone without their permission is in a grey area of the law. Having a taped cell conversation isn't. Actually since its digital there may even be a complete copy of the call with your cell carrier company for a short time. It is illegal to knowingly record him/her anyway but the nature of cellular devices means that the laws have not caught up. The "voice" signal goes out through the airwaves where it can be "captured" by anyone with a scanner. Most cell calls are captured by someone somewhere. Land line phones are secure. Cell phones most certainly are not.

All that being said, you can also secretly video tape any meeting you have with your lawyer but disable the sound before you do. Only the sound is not legal to get without permission.

Laws about "espionage" are ancient and haven't caught up with video cameras and cell phones yet.

This isn't of much help in your case but it answers legality issues about recordings a little I hope.

and your specific cite for this crap is?

I suggest you look at where the poster is located before you being citing law.

 

[derek1]

then why bother coming here?

It is just my opinion that I have nothing to lose and I am probably wrong. Coming here has been very helpful.

 

[snostar]

Recording someones voice on tape without permission is a felony IF you do it on a regular "land line" phone. If you have a recording of a conversation you can prove occured with at least one party on a cellular phone it can be used and is NOT against current law. I didn't say you can record him by cellphone, i said a recording is not illegal by cell phone. Knowingly taping someone over cellphone without their permission is in a grey area of the law. Having a taped cell conversation isn't. Actually since its digital there may even be a complete copy of the call with your cell carrier company for a short time. It is illegal to knowingly record him/her anyway but the nature of cellular devices means that the laws have not caught up. The "voice" signal goes out through the airwaves where it can be "captured" by anyone with a scanner. Most cell calls are captured by someone somewhere. Land line phones are secure. Cell phones most certainly are not.

All that being said, you can also secretly video tape any meeting you have with your lawyer but disable the sound before you do. Only the sound is not legal to get without permission.

Laws about "espionage" are ancient and haven't caught up with video cameras and cell phones yet.

This isn't of much help in your case but it answers legality issues about recordings a little I hope.

Oh no, not this again! This is not only irrelevant to the poster it is also incorrect. Cell phone calls are considered radio transmissions and fall under FCC Regulations. Reception and recording cell phone conversations is a Federal crime.

 

[KurganWarrior]

Intentionaly receiving and recording airwaves may be in the grey area. Actually having a taped recording of ANYTHING broadcast through the air is not.

Also, he's talking about the UK.

in laymans terms for the people on this board who disagree.....

"I bought dis CoOl gear at da electronic place dat lets me tap into de police signals" = BAD

"A guy at work gave me a tape of my neighbors cell phone call" is NOT BAD.

Is anyone here actually blind enough to believe they have total privacy? Go load up a program called google earth and FROM SPACE take a look at that broken tile on your roof, or maybe the crack in your front steps... I hope you weren't skinny dipping last night in your pool or illegaly parked at the store, if you were someone saw you. Worse, if you thought you got away by going to the strip club last week and your wife didn't find out..... she can go take a look at which cars were in the parking lot at that given time. Total privacy ROFLMAO!

 

[BelizeBreeze]

Intentionaly receiving and recording airwaves may be in the grey area. Actually having a taped recording of ANYTHING broadcast through the air is not.

Also, he's talking about the UK.

in laymans terms for the people on this board who disagree.....

"I bought dis CoOl gear at da electronic place dat lets me tap into de police signals" = BAD

"A guy at work gave me a tape of my neighbors cell phone call" is NOT BAD.

Is anyone here actually blind enough to believe they have total privacy? Go load up a program called google earth and FROM SPACE take a look at that broken tile on your roof, or maybe the crack in your front steps... I hope you weren't skinny dipping last night in your pool or illegaly parked at the store, if you were someone saw you. Worse, if you thought you got away by going to the strip club last week and your wife didn't find out..... she can go take a look at which cars were in the parking lot at that given time. Total privacy ROFLMAO!

Then quote the specific chapter and sub from the European Community Treaty on Communications since you're telling everyone you know what you're talking about.

Either that, or you can go the way of two others today who are no longer here.

 

[KurganWarrior]

How about I just call my momma and tape the conversation of me crying you a river and then i'll mail it to you Belize? You can arrest yourself if you like for having the taped cell conversation.

All kidding aside, having a taped recording of a conversation is NOT a crime. Thats the grey area of the whole thing. I realise there ARE laws out there against getting the tapes but the tapes themselves are not illegal. thats my only point. There is NO law that states having a tape of someone elses conversation is illegal. ALL laws only refer to how thoses tapes came to be and how they are used.

Theres no passage to quote, the tapes simply are not illegal as there is no passage that says otherwise. Actually there is even LESS laws regarding to taped conversations than there are video rental tapes... which are also legal.

I can go the way of two others? I have the freedom to post here as much as you do my friend. If you find my post offensive simply because I do not share your view then thats not my problem. If you want to get technical and force me to quote something of relevance when i'm clearly pointing out there is no such passage to quote because its LEGAL to possess tapes then here goes...

http://www.cbsnews.com/stories/2004/12/03/earlyshow/main658998.shtml

That is in Florida 2 years ago, UK laws are more lax on the subject and again, TAPED CONVERSATIONS ARE LEGAL TO HAVE - AND USE IN COURT here or abroad. Questions on legality only arise when the manner in which they were aquired comes to light but if one party swears they are authentic the defending party needs to either deny that or accept that the tapes are actual and true. In that case... a cell phone was used and the tapes were allowed.

I can find many other cases if need be... or I can continue posting a defense to my views because you don't agree with them Belize. I'd like to point out I'd never have written the last two posts if you didn't directly challenge what i'm saying.

Have a nice day.

 

[BelizeBreeze]

You are really an idiot aren't you?

This is a U.S. LAW site. Who give's a rat's ass about Limey law?

 

[KurganWarrior]

I had 6 different examples, i intended to use one in ireland that was even more clear but accidentaly put up a link of a Florida case. The Florida link is example enough anyway.

Belize, you like to argue too much! lol