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Can I voice record personal meetings with my attorney without letting attorney know? If I can, can I share recordings if ne
Anonymous3 views2 answers
can I legally voice record meetings with my attorney(without disclosing im recording) since both people in room are the ones who are being protected with confidentiallity? If I CAN, record, am I able to use it as proof that attorney is lying,breaking law, etc., in order to get out of case? Basically, has messed up so bad on case, hes making up false statements, ect. in order to try to fire me or get out of being my attorney. I can turn him into State Bar, but wandered if I had a recording of him , would I be able to share it with State bar as proof?
Heard from criminal law attorney that you can legally record someone without their knowlage if they are breaking the law only. Wasnt sure this applied. Let me know if I can record attorney client meetings secretly, and can I share it?thank
No, you cannot secretly tape record. Sections 632(a) and 637.2 of the California Penal Code, prohibits tape recording confidential communications unless all parties to a conversation consent.
A conversation is "confidential" for purposes of this prohibitition if a party has an objectively reasonable expectation that the conversation is not being recorded regardless of whether a reasonable person would expect the contents of the conversation to be divulged to others.
The recording would not be admissible as evidence anyway.
In addition to the previous poster's comments that the proposed secret recording is illegal, "proving" that your attorney is not defending you effectively will not get you "out of the case," and it will not likely effect the outcome of the case.
If your attorney is privately retained, and you have lost confidence in him or her, you should consider hiring a new attorney to replace this one. Before doing that, make sure you have made your concerns known to your attorney (and any supervising lawyer in his or her firm, if any) to see if the problem can be resolved. When you meet with new potential attorneys, be clear about why you are not satisfied with your current attorney, and ask the new potential attorney how they would handle your case and the specific areas of concern.
If your attorney is a publicly appointed criminal defense attorney, you may bring a Marsden motion in court to request that the court appoint a new lawyer to replace this lawyer. At the Marsden hearing, the judge will clear the courtroom of all but the court personnel, and you and your attorney. The court will ask you to specifically explain why you are unsatisfied with your lawyer. Be very specific, and write notes in advance. If the court wishes, it may ask the attorney to respond to specific concerns that you raise. If the court determines that the relationship has broken down, it can order that a new lawyer be appointed to represent you.
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