Why a Law Firm Secretly Recording Client Conversations Is Wrong (and Illegal)
A law firm that has been recording client conversations without the clients' knowledge or permission and has threatened employees if they speak out faces legal and ethical challenges.


When you meet with your attorney and paralegal, the one thing that you can count on and don’t even give a second thought to is that your conversation will be confidential.
Indeed, the attorney-client privilege — confidentiality of attorney-client communications — is the bedrock of the legal profession.
Clients are able to disclose sensitive — often embarrassing information — without fear of it being revealed, which is vital to effective legal representation.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
(There are exceptions to the privilege. For example, when a client wants the lawyer's help in committing a crime or when disclosure is necessary to prevent imminent death or substantial bodily harm.)
The Kiplinger Building Wealth program handpicks financial advisers and business owners from around the world to share retirement, estate planning and tax strategies to preserve and grow your wealth. These experts, who never pay for inclusion on the site, include professional wealth managers, fiduciary financial planners, CPAs and lawyers. Most of them have certifications including CFP®, ChFC®, IAR, AIF®, CDFA® and more, and their stellar records can be checked through the SEC or FINRA.
Smile, you're being recorded (but no one told you)
What if, from the moment you enter your lawyer’s office, audio and video recordings are being made — without your knowledge or permission — of everything you say to the paralegals and attorneys? How would you feel?
These are not just academic questions. A credible source (she’s asked to remain anonymous for fear of reprisal) has told me that a local public services law firm that is partially government-funded is doing exactly that.
Additionally, as you will see, the lawyer responsible has created an atmosphere of fear — employees are afraid they’ll lose their jobs if they become whistleblowers.
The phone call
“Mr. Beaver,” my caller “Peggy” said, “I work for a non-profit law firm that provides free, civil legal services to low-income and older individuals. Several months ago, ‘Ivan’ was hired as our new managing partner. Within days, a place that we all enjoyed coming to was giving us ulcers. An atmosphere of fear, suspicion and paranoia has become part of everyday life, and it began when he installed video/audio cameras just about everywhere.
“Even though we hardly ever needed to call the police because of an unruly client, Ivan sent a note to everyone stating, ‘For safety, all staff must conduct meetings with clients and applicants in designated intake rooms monitored by security cameras that facilitate our ability to protect everyone during in-person contacts.’
“The lawyers and paralegals all know that eavesdropping on or recording clients without posting signs informing them of the video and audio recordings — and obtaining their consent — violates the law. None of us has ever been in a situation like this in our many years of working as paralegals and attorneys.”
As Peggy related, several of the firms’ attorneys and senior paralegals objected, pointing out to Ivan that in California — a two-party state — all parties must agree to the recording/video, or Penal Code 632 is violated, and that can lead to criminal penalties, including fines of up to $2,500 and/or imprisonment for up to one year.
You want to keep your job? Then shut up
“Ivan sits at his desk,” Peggy went on, “and is glued to the computer screen, focused on monitoring client discussions with attorneys and paralegals. It is creepy.”
Then she read a threatening email Ivan sent “To Staff.”
I have seen this email. Paraphrased, Ivan wrote, While I’ve heard about privacy and cameras, those things aren’t important compared to the prospect of losing one’s employment, financial stability and ability to provide food and shelter for our families.
“This was a clear threat to keep quiet,” Peggy told me, “and we are worried. We do not know what he might do. What do you advise?”
Ethical obligations of the law firm's attorneys
I ran this troubling situation by an attorney with the State Bar of California’s Ethics Hotline. She said, “This conduct exposes the attorney to multiple counts of violating Penal Code Section 632, in addition to being sued civilly for invasion of privacy by anyone recorded without permission.”
Looking for expert tips to grow and preserve your wealth? Sign up for Building Wealth, our free, twice-weekly newsletter.
She also pointed out a number of apparent violations of state bar rules that could land Ivan in hot water, including threatening the employees’ jobs.
The Ethics Hotline attorney also pointed out something that the attorneys in this firm now must do — they must report what’s going on to the State Bar of California. (The firm has since been reported to law enforcement.)
California's 'snitch law'
While all other states have for years required reporting misconduct by fellow attorneys to the appropriate authorities, California passed into law this bit of common sense only a little over two years ago.
The “snitch law” says that attorneys must report, to the state bar or other relevant authorities, fellow attorneys who have engaged in misconduct that includes criminal acts, conduct involving dishonesty, fraud, deceit or reckless misrepresentation, misappropriation of funds or property and any other conduct raising substantial questions about the lawyer's honesty, trustworthiness or fitness to practice law.
This means that the attorney employees at this public service law firm have a duty to contact the State Bar of California and disclose what’s going on or themselves face discipline for failing to do so.
Clients want to trust their attorneys. In my decades of law practice, this is the first time I’ve ever heard anything like this. It is scary.
If falling into the wrong hands, these recordings could be the basis of extortion, tearing families apart, getting someone fired — the improper and illegal use of private, attorney/client communications threatens our very legal system.
Update: "Peggy" reported to me that "Ivan" sent an email to staff on Wednesday, the day after this article ran, that said that all cameras were being removed from the office that day. Peggy added, "Thank you very much for the assistance, your research and article!"
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
Related Content
- Seven Ways to Be an Absolute Jerk as a Lawyer
- For Lawyers, the Bar Exam Is More Than Just a Test
- Five Things to Notice in Your Lawyer’s Bill
- Six Things Not to Do if You Want to Resolve a Conflict
- We Took Them in After the Fire, and Now They Won't Leave
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
Cord Cutting Could Help You Save Over $10,000 in 10 Years
How cutting the cord can save you money and how those savings can grow over time.
-
The '8-Year Rule of Social Security' — A Retirement Rule
The '8-Year Rule of Social Security' holds that it's best to be like Ike — Eisenhower, that is. The five-star General knew a thing or two about good timing.
-
Cord Cutting Could Help You Save Over $10,000 in 10 Years
How cutting the cord can save you money and how those savings can grow over time.
-
Should I Buy Stocks or Should I Buy Bonds Right Now?
Generally speaking, stocks provide reasonable growth while bonds provide stable income. Each play important roles in diversified portfolios.
-
You Were Planning to Retire This Year: Should You Go Ahead?
If the economic climate is making you doubt whether you should retire this year, these three questions will help you make up your mind.
-
Are You Owed Money Thanks to the SSFA? You Might Need to Do Something to Get It
The Social Security Fairness Act removed restrictions on benefits for people with government pensions. If you're one of them, don't leave money on the table. Here's how you can be proactive in claiming what you're due.
-
From Wills to Wishes: An Expert Guide to Your Estate Planning Playbook
Consider supplementing your traditional legal documents with this essential road map to guide your loved ones through the emotional and logistical details that will follow your loss.
-
Why Investing Abroad Could Pay Off
Countries overseas are stimulating their economies, and their stocks are compelling bargains.
-
The Top Fourth of July Fireworks and Celebrations Across America
From Boston to San Diego, these iconic celebrations light up the sky — and the spirit of Independence Day.
-
My First $1 Million: Air Force Veteran, 68, Duluth, Ga.
Ever wonder how someone who's made a million dollars or more did it? Kiplinger's My First $1 Million series uncovers the answers.