{
  "id": "98-250",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "98-250",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 316298,
      "date": "1998-03-06",
      "retrieved": "2016-05-24T20:55:57.703941",
      "title": "Wiretapping, Tape Recorders & Legal Ethics: Questions Posed by Attorney Involvement in Secretly Recording Conversation",
      "summary": "This document also available in  PDF Image .\n  The lawfulness of wiretapping and electronic eavesdropping is the subject of federal law. \nRecently questions have arisen as to how this applies to attorneys. Surreptitiously recording\ntelephone or face to face conversations without the consent of at least one party to the conversation\nis illegal and contrary to the ethical standards of the legal profession. In some states recording such\nconversations requires the consent of all parties to the conversation. Elsewhere, recording a\nconversation with the knowledge or consent of only one participant may be lawful but unethical.\n  The American Bar Association (ABA) concluded almost a quarter of a century ago that secretly\nrecording a conversation without the knowledge or consent of all of the participants violated the\nethical prohibition against engaging in conduct involving \"dishonesty, fraud, deceit or\nmisrepresentation.\" The ABA conceded, however, that law enforcement recording, conducted under\njudicial supervision, breached no ethical standard.\n  The opinions of the authorities responsible for regulation of the practice of law in the various\nstates fall into three categories. Some agree with the ABA. Some agree with the ABA but have\nexpanded the circumstances under which recording is considered within ethical bounds. Some reject\nthe ABA view.\n  Since the assessment of whether a particular recording offends ethical standards may well be\ndetermined by whether the tribunal considers all secret recording ethically repugnant (some do, some\ndo not), the prudent lawyer avoids such recording fully aware that others may be allowed to record\nwith impunity.\n  Summaries and excerpts from relevant state court and bar association ethics committee\n opinions\nare appended.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/98-250",
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      "topics": []
    }
  ],
  "topics": []
}