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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Is it illegal to record someones conversation without them

Resolved Question:

Is it illegal to record someone's conversation without them knowing about it?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Welcome and thank you for your question!

Please clarify: is the conversation occurring in a private setting or in a public place (e.g., an open mall or fairgrounds)?
Customer: replied 5 years ago.
I am in therapy and I would like to record my discussion with my therapist
Expert:  JB Umphrey replied 5 years ago.
Thank you. XXXXX law, you can only record those sessions with the consent of the therapist. In private settings a conversation can only be recorded with the consent of all parties.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
Customer: replied 5 years ago.
So if I ask him and he's alright with it, then it's ok?
Do you think a therapist would allow that? Don't they have confidentiality requirements also?
If so, could I record a session with them for my own use? Say maybe to write down important information in order to discuss with someone else?
Expert:  JB Umphrey replied 5 years ago.
Yes, if he agrees to it then the recording is legal.

The therapist will likely want to know why you want to record and then determine how that will fit with your treatment plan.

Your therapist has to keep the sessions confidential. You can disclose whatever information you want.

~~ J.B.
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