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Recording My Attorney

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pcgold

Junior Member
VA: An adult "mentally handicapped" person that I am caring for, and I, ask the following: Is there anything or any rule/law that would allow me to record all communications with my attorney while he is employed by me? I told him I wanted all our conversation (in person or otherwise) recorded to refer back to them so that I could better explain those things back to her with accuracy (because of the recordings). He cites because of attorney/client confidentiality he could not allow that. I do accompany her to her meetings with this attorney as she has so requested and at first resisted but ultimately backed down. This person is extremely incompetent (mental impairment- competency hearing to come)). She has known me for over 7 years and trusts me. She wanted me to be with her in every stage of this case and I knew that the absolute best way to explain this whole thing to her would be to record it for accuracy.
So what is the answer? Can he actually refuse as an attorney to allow her the privilege of renewing her memory and comprehension of the things this guy says through the use of audio cassettes and my explaining there meanings in a way and repetitiveness that she would understand?

Thanks/pcgold
 


AmosMoses

Member
Some states, like Louisiana, have single party consent to record conversations...that is, if one of the parties consents, then the conversation could legally be taped. If your state is such, the client could tape the conversation between herself and her lawyer, unless, of course, there is an exception due to it being a lawyer/client conversation. Of course, if this lady is that impaired, she isn't very likely to be able to handle that w/o the attorney knowing. Plus, I don't think that it is a good idea for her to record that for confidentiality reasons...who knows who may get their hands on the tapes?? I'd definitely stay away from it unless the lawyer agreed to it. It just doesn't seem like the thing to do behind her counsel's back....and, as you said, he is definitely against it, surely for good reason. If, as you say, you go with her to all these meetings, bring a legal pad and a couple pens, and take notes.
 

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