Legal Question in Civil Litigation in Wisconsin

In the state of wi would I be able to call a company, record the phone conversation, and use it in a civil court case? Me being one party and the company the other party. No third party.

Also would it matter if I had sent a letter to the company letting them know I was going to do this? Basically proving that I had let them know I was going to record a phone conversation with them.

The conversation would be with a pseudo perspective employer and my former employer. I am trying to prove that my former employer is saying damaging untruthful information to perspective employers that has adverse effects on my ability to get a job. The comments would be contradicting a judges ruling in a previous unemployment court case that was between myself and my former employer?


Asked on 1/08/12, 1:17 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

One always has the right to record one's own conversations. That being said, however, in order to legally disclose the recording to any third party or use it in court, it is usually necessary to get the permission of any other party to the conversation at the beginning of the conversation. Law enforcement can exempt themselves from some privacy requirements by obtaining a judicial search warrant, or, in the case of the federal government, certain nonjudicial permission such as a "national security letter" under the Patriot Act in limited situations. Violations of the electronic privacy act or other similar laws can lead to severe penalties. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Web forum answers may contain attorney advertising materials.

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Answered on 1/11/12, 9:25 am


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