Legal Question in Legal Ethics in New York
Non profit-organization
We having an ''ethics committee'' hearing and want to record the session. The party involved wants to bring his attorney. It is my opinion that his attorney can be present, but cannot speak, as it is private. Are we permitted to tape this hearing and can it be used as evidence if we are sued?
2 Answers from Attorneys
Re: Non profit-organization
Your organizational rules should cover this but because they don't you should be careful. What you suggest sounds reasonable, but an attorney would need to read your rules and find out more facts to give you advice.
Re: Non profit-organization
Unless you are functioning under some type of arbitration agreement to the contrary, I do not see why both sides (or either) cannot have an attorney, and why he cannot speak. Additionally, there are usually rules involved in these things and if the rules are that the committee is not taking testimony or is involved in ADR then there should be no recording unless by a court reporter then taping would be proscribed. I would contact the committee chair, get a copy of the rules and read them carefully, or share same with your lawyer, and let him guide you, rules in hand.
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