Recording a lawyer in the state of Texas

[Chz28]

Hello, this is my first post on these forums. In the state of Texas, may I audio record my attorney on my phone without his/her consent in our meetings if I think there is misconduct on his/her part?

Also, can I use that recording to file a grievance to the Texas state bar?

Do I need to edit out the part where I'm in the lobby and the receptionist is taking phone calls?

Thanks in advance!

 

[quincy]

Hello, this is my first post on these forums. In the state of Texas, may I audio record my attorney on my phone without his/her consent in our meetings if I think there is misconduct on his/her part?

Also, can I use that recording to file a grievance to the Texas state bar?

Do I need to edit out the part where I'm in the lobby and the receptionist is taking phone calls?

Thanks in advance!

Texas is a one-party-consent state which means only one party to a conversation needs to consent to the recording for the conversation to be recorded (assuming both parties are in Texas or another one-party-consent state). In other words, you can record your own conversations.

That said, the recording is not necessary to file a grievance. An investigation is conducted based on the statements you make in your complaint.

An additional note: Edited recordings are compromised recordings. Do not edit if you wish to use the recording for any legal purpose.

 

[Chz28]

Thank you for your response. I understand that Texas is a one party consent state. I guess my question is, can the attorney take legal action against me for recording in the lobby while the receptionist is answering phone calls. Seeing as she is talking on the phone while my recording was still going on. I did however speak to her a couple of times before she starts to receive business calls for the attorney. I know the attorney will have the right to review the recording when the grievance is filed. I just want to make sure he doesn't try to use that against me and take legal action.

 

[Zigner]

Thank you for your response. I understand that Texas is a one party consent state. I guess my question is, can the attorney take legal action against me for recording in the lobby while the receptionist is answering phone calls. Seeing as she is talking on the phone while my recording was still going on. I did however speak to her a couple of times before she starts to receive business calls for the attorney. I know the attorney will have the right to review the recording when the grievance is filed. I just want to make sure he doesn't try to use that against me and take legal action.

When talking on the phone in the presence of others, she has no expectation of privacy, so no, that shouldn't be a problem.

 

[quincy]

Thank you for your response. I understand that Texas is a one party consent state. I guess my question is, can the attorney take legal action against me for recording in the lobby while the receptionist is answering phone calls. Seeing as she is talking on the phone while my recording was still going on. I did however speak to her a couple of times before she starts to receive business calls for the attorney. I know the attorney will have the right to review the recording when the grievance is filed. I just want to make sure he doesn't try to use that against me and take legal action.

You could have a problem with your recording if you recorded in the law office prior to speaking to the attorney.

Confidential information, which include the names of clients being represented by the attorney, might be part of receptionist's conversation that you are overhearing. Many firms will have rules about recording in their workplace.

If you intend to record any conversation to which you are not a party, you should get consent to record from one of the parties to that conversation.

My understanding of your original post was that yours was a phone conversation with the attorney, where the receptionist answered your call.

Why do you need to use the recording at all? You will not need it for the grievance complaint. Everything you say is sworn to be the truth.

I would not use the recording unless it becomes necessary to refute any contradictory story the attorney might tell, if there is a hearing on the grievance after an investigation into the complaint.

If you DO use the recording in a hearing, some editing of what was recorded BEFORE you spoke to the attorney might be smart.