Recording conversations of a colleague

It is discourteous 1 to tape or otherwise record a conversation (including a telephone conversation) with another lawyer without the prior consent of the other lawyer taking part in the conversation.2 If lawyer wishes to tape or record a conversation the lawyer must secure the prior consent from the other lawyer. A failure to secure such consent may be considered unprofessional.

1 The Australian Solicitors Conduct Rules 2012 provides that ‘A solicitor must [be] … courteous in all dealings in the course of legal practice’: at r 4.1.2. 

2 Council Ruling 2.11.