When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. They hope to catch witnesses giving contradictory statements or to nail down the “facts” as early as possible, before the employer’s lawyers get a chance to talk to anyone.
What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings.
But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded.
Recent case: Charquita Price sued her former employer for sexual harassment and retaliation. Her attorney recorded several conversations with potential witnesses. The employer’s lawyers tried to have her attorney charged with unethical conduct, but the court refused. It reasoned that nothing in Georgia’s attorney ethics rules prevented the clandestine recording of conversations—just lying about the recording. Because the employer couldn’t prove the attorney actually misled the witnesses when he recorded the conversations, there was no unethical conduct. Price’s attorney will be able to use the recordings during the trial. (Price v. Gwinnett Family Dental Care, No. 1:06-CV-2659, ND GA, 2007)
Final note: Make sure everyone involved in a potential lawsuit understands they are under no obligation to talk to a lawyer for the other side. Don’t tell employees they can’t talk (that could be seen as intimidation or illegal interference with a protected right), but let them know it’s voluntary unless there’s a court order.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3904/headed-to-court-have-everyone-ask-lawyers-if-conversations-are-being-recorded "
- No kid gloves needed: Discipline OK after employee complains
- Keep an open mind in investigations; juries will punish 'kangaroo courts'
- Florida Unemployment Compensation Law
- Whistle-Blower or news source? Either way, she's out of a job
- When showing up for work is essential, you don't have to accommodate with lax schedule