Are there any exceptions to the 2 party consent rule regarding recordings?

UPDATED: Oct 1, 2022

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Are there any exceptions to the 2 party consent rule regarding recordings?

I was giving testimony in a work-related investigation. Unlike standard protocol, the conversations were not recorded. Concerned that I might be misquoted or my statements mischaracterized, which they were, I recorded the conversation without the consent of the 2 interviewers. Is this a permissible exception to the 2-party consent rule?

Asked on November 28, 2018 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there are no exceptions to the "two-party consent" rule (which really should be called the "all-party consent" rule, because the consent of all participants in or parties to the conversation is required); simply because you fear you may be misquoted or your statements mischaracterized does not constitute an exception.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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