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Expert Analysis

A Wake-Up Call For Attys On Using Recorded Conversations

By John Harris (August 18, 2015, 2:44 PM EDT) -- The recent arrests of two criminal defense lawyers in Pennsylvania provide a dramatic illustration of the perils posed when a lawyer attempts to use recorded conversations made without the consent of all parties. In Pennsylvania and 10 other states around the country that do not follow the "one-party consent" rule for legally recording conversations,[1] lawyers have always been wise to proceed cautiously before seeking to use recordings. But the recent cases exemplify the extreme consequences that can flow from trying to use increasingly common cellphone technology on a client's behalf....

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