Thank you for your question. Please permit me to assist you with your concerns.Florida is known as a 'two party' or an 'all party' consent state when it comes to recording. What that means is that Florida makes it a crime to intercept or record any "wire, oral, or electronic communication" with the state , unless all parties to the communication consent. See Fla. Stat. ch. 934.03. If he did not obtain consent from you and is recording you, and this is a 'private' office, it is a violation since there is a reasonable expectation of privacy. Now, it is not technically unethical since the Florida Rules of Professional Conduct do not really touch upon this fact, but it is a violation of state law.Good luck.
What if he isn't recording, but simply listening / viewing? Would the law still apply. And in what circumstances would it not be a violation of state law?
Kelly,Thank you for your follow-up. Listening in would be 'interception' and would still violate the statute. It would not violate the statute if he would put up signs in the office that the premises can be recorded or are under surveillance, as that would provide notice to the employees.Good luck.
Okay, thanks for your help. I wanted to make sure my research was accurate. Also, if you don't mind answering, how would you suggest that I handle the situation or what is the best way? I am just not sure, especially, if I have to leave there and try to look for other employment. I do not want to be on a blacklist, so to speak, that would prevent me from being hired elsewhere. I know lawyers, like legal staff, have a tendency to talk about former employees.
Thank you for your follow-up, Kelly. Glad to help and glad to provide you with a second opinion behind your own.As for how to handle this, I have to first provide you with a disclaimer that while I can provide you with general information, I am not your attorney, and I cannot directly provide you with legal advice. If you are seeking such advice you would need to retain your own counsel. What I can say is if you are somehow blacklisted and information about is disseminated which happens to not be true, you would have a basis for filing a suit for defamation of character. You can likewise ask the attorney as to how he obtained information that was provided in confidence, and if he fails to respond you could possibly contact the county bar to ask if an attorney is able to engage in such behavior without first informing his employees, since then it is arguable that the client information may also be unsafe (if there are recordings and he stores them elsewhere).Good luck.
Thank you for your expert legal help. It is most helpful.
Kelly,You are most welcome, and glad to help. Please let me know if I can assist in any other way. Otherwise, if satisfied, please do not forget to positively rate so I can obtain credit for helping you this evening. Please take care!
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