Many years ago, a controversial ethics opinion from the State Bar of Texas was issued (No. 392), stating that a lawyer may not ethically electronically record a telephone conversation between the lawyer and a client or third party without first informing the other party to the call that the conversation is being recorded.

Since such recording is not illegal in Texas or under federal law, this caused much consternation among members of the Bar, even though the State Bar General Counsel’s office had a policy not to enforce grievances in such matters.

Now, the State Bar’s Professional Ethics Committee has issued a new opinion, which goes the other way. Now, a lawyer MAY electronically record a telephone conversation between the lawyer and a client or a third party without first informing the other party to the call that the conversation is being recorded.

The full opinion is set out in this month’s Texas Bar Journal at:

http://www.texasbar.com/Template.cfm?Section=Texas_Bar_Journal1&Template=/ContentManagement/ContentDisplay.cfm&ContentID=17263

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