Legal Question in Family Law in Ohio
recorded phone conversation during divorce
During my divorce, my lawyer told me it was perfectly legal to record conversations on my home phone. She even listened to many of them knowing I was not part of the conversations. She also planned on using it in court until the judge told her it was illegal. She also gave a copy to the opposing lawyer. He now has it in his possesion. Although are divorce is over and it was never used in court, my ex wife and her lawyer are not claiming they are going to go after a civil and criminal case against me. Given that i was told by my lawyer it was legal and even promoted me doing it and the fact that I can prove she thought it was ok because she gave a copy to wifes lawyer and even presented it to judge, is it likely that I will get in serious trouble as in prison time? I would never have done this if my lawyer didnt encourage me to do so and tell me it was legal to do. She told me that she wasnt legally allowed to just play them in court but if she asked my ex wife questions in court and she denied it, then she could play the tapes. My lawyer has also told me that she is not legally bound to it and cannot personally get in legal trouble for it but is now telling me that I can and that I better hire a very good lawyer.
Thanks you
1 Answer from Attorneys
Re: recorded phone conversation during divorce
Generally, you must be a party to a phone conversation before you can record it. If not, you may get into criminal (but maybe not, I need more information). You lawyer is clearly liable for malpractice. If you are interested please call for a free consultation as I may be interested in taking your case.