Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
We've always recognized the odiousness of one party surreptitiously recording a conversation. Even though perfectly legal in some states, it may be unethical for an attorney to record. I have always told my professional responsibility students that if it got around that you had secretly recorded just one conversation, even if for good reason, you wouldn't be trusted by anyone to not have the "juke box" turned on when they spoke to you.
I must admit, as a prosecutor in the good old days when entrance security at government buildings wasn't very robust especially in detecting recording devices, we were constantly on guard lest the "bad guys" or their sometimes sleazy lawyers memorialize some silly remark by a prosecutor or agent that they could eventually use to undermine a prosecution.
So, what's this all about? I employ this platform to alert the local criminal bar to something worth considering. I have represented a former official in a corruption investigation underway in another federal jurisdiction. Requesting an interview of my client, the prosecutors and FBI tell me that my client is simply a witness. All good. Since, notwithstanding COVID-19, they probably could successfully subpoena him to a grand jury, out of good citizenship along with nothing to hide we agree to an interview to be conducted by Teams, Zoom, Webex. Whatever.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Real Property Law
Questions of Fact About Compliance With Mortgage Contingency ClauseMortgagee Who Purchased At Foreclosure Sale Failed to Establish Bona Fide Purchaser StatusSupreme Court Was Premature In Holding That Option Violated Rule Against Perpetuities
Development
Developer’s Taking Claims Survive Motion to DismissDEC Incorrectly Granted Permit to Expand Nonconforming Mining UseMemorandum of Understanding Not Binding on Subsequent Town Board
City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere
New York City’s recently adopted City of Yes for Housing Opportunity (CHO) represents the most significant overhaul of residential zoning regulations in decades. The interplay between existing procedures and new provisions will likely generate significant interpretive questions and litigation as developers seek to take advantage of these opportunities.