Law Practice,
Ethics/Professional Responsibility
Jul. 27, 2018
Can lawyers secretly (and ethically) record clients?
New York attorney Michael Cohen made headlines again after revealing that he secretly recorded conversations between himself and his client, President Donald Trump. Commentators have been quick to denounce this behavior as unethical. But is it?
Wendy L. Patrick
Wendy is a California lawyer, past chair and advisor of the California State Bar Ethics Committee (Committee on Professional Responsibility and Conduct), and past chair of the San Diego County Bar Association Legal Ethics Committee. Any opinions expressed here are her own, and do not reflect that of her employer. This article does not constitute legal advice.
New York attorney Michael Cohen made headlines again after revealing that he secretly recorded conversations between himself and his client, President Donald Trump. Commentators have been quick to denounce this behavior as unethical.
Cohen recorded the conversation in New York, which is a one-party consent state. N.Y. Penal Law Sections 250.00, 250.05. Accordingly, his secret tape recordings were legal. Such conduct would be illegal...
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