Legal Question in Real Estate Law in California

If,anattorneycallsyouanddoesn'tsaythattheyarerecordingisitvalid?

an attorney called to inform me about an accident on my property and he didn't say he was recording the conversation. Now he wants to use it against me, is it valid? even though, they did not inform me that he was recording the conversation.


Asked on 8/01/01, 1:41 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: If,anattorneycallsyouanddoesn'tsaythattheyarerecordingisitvalid?

I have just re-read Penal Code section 632 and, in my opinion, it makes any recording without the consent of ALL parties to the phone conversation a misdemeanor punishable by up to $2,500 fine and/or up to one year in county jail or state prison. Further, subsection (d) makes any evidence so obtained inadmissible in court except as proof of the illegal recording.

I do not do criminal law and I'm not sure how courts interpret and enforce this law in real life situations, but I think it's a good starting point for telling this attorney where to get off.

As always, if you receive a summons and complaint get yourself a lawyer to represent you at once.

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Answered on 8/01/01, 7:30 pm
Judith Deming Deming & Associates

Re: If,anattorneycallsyouanddoesn'tsaythattheyarerecordingisitvalid?

I don't know what you mean by "valid". Although it may be illegal to record a conversation, it may still be utilized in certain legal circumstances, subject to evidentiary objections, even though improperly obtained, and a lot depends upon what you mean by "use it against me."

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Answered on 8/01/01, 12:52 pm


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