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Wiretapping, Tape Recorders, and Legal Ethics: An Overview of Questions Posed by Attorney Involvement in Secretly Recording Conversation
Charles Doyle (au)
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the matter is more uncertain. In 1974, the American Bar Assoc. (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving ńˇýdishonesty, fraud, deceit or misrepresentation.ńˇŁ The ABA conceded, however, that law enforcement recording, conducted under judicial supervision, might breach no ethical standard. Contents of this report: Introduction; Background; Current Status: Where Recording Is Illegal Without All Party Consent; Lawful but Unethical; Not Unethical Per Se; Exceptions. An Attachment includes a sampling of the views of various bar associations in the question. This is a print on demand report.
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