Recording a conversation that you know won't be admissible in court

[Cougarlinz]

I know you cannot use a recording of a conversation where the other party was not aware that the conversation was being recorded in court in my state. However, does it still make sense to do this so that you have it there incase you need to refer back to it or give it to your lawyer to help prepare your case. Example, say the conversation got heated... the other party tells you how they're going to win their case. Couldn't the lawyer use that to help prepare your case since they will know how the other party is going to try to prove their case. Wouldn't your lawyer be able to prepare the appropriate documents to defend you without ever using the actual recording in court?

 

[LdiJ]

I know you cannot use a recording of a conversation where the other party was not aware that the conversation was being recorded in court in my state. However, does it still make sense to do this so that you have it there incase you need to refer back to it or give it to your lawyer to help prepare your case. Example, say the conversation got heated... the other party tells you how they're going to win their case. Couldn't the lawyer use that to help prepare your case since they will know how the other party is going to try to prove their case. Wouldn't your lawyer be able to prepare the appropriate documents to defend you without ever using the actual recording in court?

I have been told, by attorneys, that using a recording for nothing more than refreshing your memory is acceptable. You cannot play it for someone else, even your attorney, but you can use it to refresh your memory. However, you can also immediately take notes of a conversation when it happens, instead of using a recording, which absolutely violates nothing.

 

[Mass_Shyster]

Making a secret recording is a felony in Massachusetts.

 

[LdiJ]

Making a secret recording is a felony in Massachusetts.

Even if there is no attempt to ever use it? Isn't the felony the attempt to use a secret recording?

 

[Cougarlinz]

I have been told, by attorneys, that using a recording for nothing more than refreshing your memory is acceptable. You cannot play it for someone else, even your attorney, but you can use it to refresh your memory. However, you can also immediately take notes of a conversation when it happens, instead of using a recording, which absolutely violates nothing.

Thank you for replying! So legally a lawyer is not allowed to hear it? I did not know that! Okay, then its completely pointless.

 

[quincy]

Thank you for replying! So legally a lawyer is not allowed to hear it? I did not know that! Okay, then its completely pointless.

Are you IN Massachusetts?

There are federal recording laws and there are also state recording laws. State laws on recording conversations vary by state.

Even if there is no attempt to ever use it? Isn't the felony the attempt to use a secret recording?

In every state (to my knowledge), if it is illegal to record a conversation without the consent of both parties, it is the ACT of recording and not the intended USE of the recording that is illegal.

Using a recording that was obtained illegally can result in additional crimes being charged, depending on the use.

 

[Mass_Shyster]

Even if there is no attempt to ever use it? Isn't the felony the attempt to use a secret recording?

Recording is a felony. Disclosing it is another.

 

[Just Blue]

Thank you for replying! So legally a lawyer is not allowed to hear it? I did not know that! Okay, then its completely pointless.

What state are you in?

 

[Taxing Matters]

Even if there is no attempt to ever use it? Isn't the felony the attempt to use a secret recording?

Under federal law and the laws of most states, the wire tap laws make it a crime to simply make the unauthorized recording. So simply the act of recording the conversation without the consent the statute requires (one or two party, as the case may be) is often a crime in itself. The use of an illegally recorded conversation may then amount to a separate offense under the wire tap laws.

 

[quincy]

LdiJ's state of Indiana is a one-party consent state which means only one party to a conversation needs to consent to the recording for it to be legal.

With a legal recording, you can share the recording with your attorney. Disclosing the contents of a private or confidential conversation to others, however, can be a legal risk, even if the recording of the conversation was legal. Invasion of privacy claims could result.

And to what TM refers: Recording OTHER PEOPLE'S conversations (that you are NOT a party to) can violate wiretapping laws.

 

[Cougarlinz]

Recording is a felony. Disclosing it is another.

I've never heard of it being illegal to record... that's like saying its illegal for my security camera to record someone.

 

[Cougarlinz]

What state are you in?

Florida

 

[Just Blue]

Florida

Florida is an all party consent state regarding recordings.


FYI: Mass_Shyster and Taxing Matters are site vetted attorneys. Ldij is a tax professional.

 

[Taxing Matters]

Florida

Florida law prohibits recording a private conversation without the consent of ALL parties to the conversation. See Florida Statute section 934.03(2)(d).

 

[quincy]

I've never heard of it being illegal to record... that's like saying its illegal for my security camera to record someone.

Security cameras with AUDIO can violate state laws. Security cameras generally only record video.