Can an Attorney Record a Client or Fellow Counsel Without Consent?

Can an Attorney Record a Client or Fellow Counsel Without Consent?

Michael Cohen, who previously served as the personal lawyer of President Donald Trump, made headlines earlier this year when it was disclosed that he regularly recorded conversations with clients, opposing counsel, and others without their knowledge.

This story generated headlines for an extended period of time and it also raises a larger question: can or should an attorney record conversations with their clients or other lawyers without their prior consent? I wrote a guest column for the November 19th edition of the Buffalo Law Journal that addresses this issue.

Click the following link to read my guest column on the Buffalo Law Journal’s website that provides some details on how to address the question of “can you record a client or fellow counsel without consent” including:

  • legal standards versus attorney ethical standards;
  • federal statutes on recording conversations without consent;
  • The American Bar Association’s Model Rules of Professional Conduct and formal opinion on “Electronic Recording by Lawyers Without the Knowledge of All Participants”;
  • New York State statutes on recording conversations without consent; and
  • Applicable past opinions from various bar associations in New York State a well as New York State’s current Rules of Professional Conduct for licensed attorneys.

Click here for to read the article.


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