free | closed
by David P.
recording of phone call
hi there,
Can an attorney record a voice call between himself and the person who opened a case against his client without the complainant being notified.
Category: The Constitution, General Questions
Region: South Africa, KwaZulu-Natal
1 Answer
In the first place it is unethical and can attract a sanction from the KZN law society. In the second place he will not be able to use it in a court of law. If he is attempting to blackmail the complainant it may be extortion which is a criminal offense. Since complainant had already laid a complaint the attorney should have first sought the permission of the prosecutor or the investigating officer before speaking to him ( with his consent ), because a complainant is a state witness.