Under what conditions can a conversation be recorded?

UPDATED: Sep 28, 2014

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Under what conditions can a conversation be recorded?

A family member rear-ended an attorney with little damage to his vehicle. He received no apparent injury at the time but is now suing for a higher amount than what insurance covers. If I record a conversation with him and myself during a “consultation” and get evidence of him not being injured, can I provide that as evidence? Or at the very least, can I share the audio with a local news station? This is causing my family member a lot of stress and I would like to help.

Asked on September 28, 2014 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your state is an "all party consent" state. That means that you can record a conversation ONLY if *all* participants in the conversation agree to the taping--taping without the consent of everyone (such as the attorney) is violation of law and could potential subject you to jail time.

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