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Government Litigation White Collar Crime

Government Secret Recording of Interviews Rarely In Best Interests of Witness

Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.


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We’ve always recognized the odiousness of one party surreptitiously recording a conversation. Even though perfectly legal in some states, it may be unethical for an attorney to record. I have always told my professional responsibility students that if it got around that you had secretly recorded just one conversation, even if for good reason, you wouldn’t be trusted by anyone to not have the “juke box” turned on when they spoke to you.

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