Ohio Board of Commissioners on Grievances and Discipline, Opinion 2012-1

Topic: Surreptitious Recording by Lawyers


Syllabus of the Board:

“A surreptitious, or secret, recording of a conversation by an Ohio lawyer is not a per se violation of Prof.Cond.R. 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation) if the recording does not violate the law of the jurisdiction in which the recording takes place. The acts associated with a lawyer’s surreptitious recording, however, may constitute misconduct under Prof.Cond.R. 8.4(c) or other Rules of Professional Conduct. In general, Ohio lawyers should not record conversations with clients or prospective clients without their consent. Advisory Opinion 97-3 is withdrawn”.

Relevant Law: Ohio Rules of Professional Conduct 8.4(C)

Referenced Ethics Opinions:

  • Ohio, Opinion 97-3 [withdrawn]
  • ABA, Formal Opinion 01-422

The opinion is available at http://www.supremecourt.ohio…