Recording statements over the phone and consent

  • Daniel

      Hello all. I currently live and work in a One-party consent state. So in other words, when I obtain a recorded statement over the phone from lets say a witness to an auto accident or workers comp accident, I have no obligation to let them know I am recording. What I’m curious to know is, for those of you in a similar situation, despite living in a One-party state, will you still let the witness know you are recording the statement? Do your attorney clients have a thought on what they would prefer?

      Thanks in advance and I hope you all are having a good start to 2022.




      I live in a one party state. I almost never tell them I am recording. I want them to feel more free to speak. knowing they are being recorded can limit the depth in which they respond. I do however say “Yes, I am recording” if they ever ask. I tell them I do it to help write my report. I have never had anyone have an issue. I did see a recent conversation about being in a 1 party state and calling a 2 party state and vice-versa. To me it is a slippery slope. I always err on the side of caution. Also you have people that have cell phone numbers that are 1 party state numbers, but they may be in 2 party states. Always try and gage where a person is when you are speaking with them. Just my 2 cents on the matter. I am not a lawyer and i’m just stating my opinion here.

      Matt Spaier


        Thanks for your input, Matt. Overall I was thinking the same. Cheers!

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