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Can I tape record an in-person conversation with my attorney and a third party, as long as 2 of the parties are aware of it?

Ladson, SC |

Is it legal in SC to record a conversation with your attorney if you have waived the attorney-client privilege by having a third party present during the meeting, and both you and the third party are aware of the recording?

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Attorney answers 2


Ask your attorney. The legality is state law specific. Also keep in mind that having another party present on a call with your attorney can destroy attorney client privileged confidentiality for the call.


Your attorney can have no part of this or concede to it. This is an ethical violation for an SC attorney unless it is part of an officially sanctioned federal or state investigation.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.