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Law Practice

Aug. 8, 2012

Secret recordings: what to do when your client already has one

California law prohibits anyone from recording confidential communications without knowledge and consent; many people, including lawyers, are not aware of this law. By Mark Wagner of Wagner Legal Group


By Mark H. Wagner


California's Invasion of Privacy Act (Penal Code Sections 630-637.9) prohibits anyone from tape recording confidential communications without the knowledge and consent of all parties to the communication. The violation of the act is a crime. Unfortunately, most people, including many lawyers, are not aware of this law. In fact, I am often asked by clients and lawyers if they can use their secret recordings in court. The answer, unfortunately...

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