About: Attorney discipline for Illegal interception or recording of conversation   Sponge Permalink

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At one time, the American Bar Association (ABA) considered it ethical misconduct for an attorney to intercept or record a conversation without the consent of all of the parties to the conversation. The reaction of state regulatory authorities with the power to discipline professional misconduct was mixed. Some agreed with the ABA. Some agreed with the ABA, but expanded the circumstances under which recording could be conducted within ethical bounds. Some disagreed with the ABA view. The ABA has since repudiated its earlier position.

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  • Attorney discipline for Illegal interception or recording of conversation
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  • At one time, the American Bar Association (ABA) considered it ethical misconduct for an attorney to intercept or record a conversation without the consent of all of the parties to the conversation. The reaction of state regulatory authorities with the power to discipline professional misconduct was mixed. Some agreed with the ABA. Some agreed with the ABA, but expanded the circumstances under which recording could be conducted within ethical bounds. Some disagreed with the ABA view. The ABA has since repudiated its earlier position.
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  • At one time, the American Bar Association (ABA) considered it ethical misconduct for an attorney to intercept or record a conversation without the consent of all of the parties to the conversation. The reaction of state regulatory authorities with the power to discipline professional misconduct was mixed. Some agreed with the ABA. Some agreed with the ABA, but expanded the circumstances under which recording could be conducted within ethical bounds. Some disagreed with the ABA view. The ABA has since repudiated its earlier position. Attorneys who engage in unlawful wiretapping or electronic eavesdropping will remain subject to professional discipline in every jurisdiction. In light of the ABA's change of position, courts and bar associations have had varied reactions to lawful wiretapping or electronic eavesdropping by members of the bar.
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