Legal Question in Civil Litigation in Florida

I received a phone call from the defendent infroming me he had a taperecorder in his brief case during arbritration meeting and taped it whithout our knowledge and is making phone calls to all whom I named What do I do


Asked on 8/16/09, 12:07 pm

1 Answer from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

It may be a crime to secretly record a conversation without the other parties' consent under Florida law. I believe both parties to the conversation must consent to such a recording. If the arbitration meeting was a settlement negotiation, it may also be protected as a privileged communication. Depending on the arbitration rules applicable and, possibly, under the agreement for arbitration, there may be other grounds for confidentiality. I would apply for a cease and desist order and, possibly, sanctions with the arbitrator. You should also be able to keep the recording out of evidence. You may also have criminal remedies, but this would require more facts and some research.

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Answered on 8/16/09, 1:49 pm


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