May a lawyer ethically record a telephone conversation with a client without the client’s knowledge and consent?
Yes. This rule has changed as of November 2006. Prior to that time, it would have been considered a violation under Texas Ethics Committee Opinions 392 (1978), and 514 (1996). Those prior opinions were overruled in Opinion 575 (Nov. 2006). However, the lawyer may not affirmatively misrepresent to the client that the conversation is not being recorded, and the recording must be for a legitimate purpose, not be a violation of law, and be treated as any other confidential client information.
