Legal Question in Business Law in Michigan

A small corporate company is in dispute and they undertake a (recorded) telephone conference call (with all four members). An outside (unknown) party (not linked to the company) arrives during the call, but is not announced....three of the four members have no idea there is anyone else present throughout the remainder of the call. The outside '5th person' is heard giving (which appears to be legal) advice to one of the parties (the person who is actually recording the call, when it is put on 'mute',) unbeknownst to the rest of the group. This was discovered only when one of the members requested a copy of the call from the person recording the call (who also happened to be the person who had the 5th person present).

Is it considered just bad etiquette, or is it against the law to include another party (particularly if they may or may not be a lawyer) in such a call, if the two parties have no idea there is anyone else there. When listening to the tape, it appears that the 5th person was indeed tending advice. The person who record the call, has not been approached with this information.


Asked on 5/03/12, 6:04 am

2 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Totally fine under Michigan and federal law. As long as at least one party to the conversation is aware of the taping, it is legal and can be used as evidence in court.

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Answered on 5/03/12, 6:59 am


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