Question: Is a recorded conversation allowed as evidence in court? Can a tape recorded conversation be used as evidence if one of the parties did not know he or she was being recorded? Also, what step should you take if you are being sued and the law suit is not legitimate and the other party has indicated that he or she will make you spend tens of thousands of dollars just to defend your case?

Answer: The answer to this question depends on several facts not mentioned so my answer is purposefully vague. Generally in Iowa, so long as one party to a conversation agrees for it to be recorded you can record a conversation with two or more people. What you can't do is set the recorder up to secretly record a conversation in which you aren't a party. You can't secretly set up a recorder in an office, go to lunch and record conversations to which you are not a party. If you have the consent of a person engaged in the conversation then it's permissible in some instances. I say in some instances because there is a recent story about a man being prosecuted in Illinois for secretly recording government officials and the police. Whether I agree with that law is not relevant, it appears to be the law in Illinois. In Iowa I have not researched that point so I offer no legal opinion on the matter.

Is the lawsuit in which you're involved legitimate? Well, that depends on who you talk to. You assume it's not legitimate, but perhaps you aren't correct. I say that because you can't possibly know every aspect of the law when you're not a lawyer or a judge and haven't researched the law's background. People think anytime they are sued that the case isn't legitimate, but those on the other side would disagree. And there are many instances where someone claimed they were sued in a 'bogus' case, but end up with a judgment against them. Emotions aside, this is America and our legal system is pretty open to many types of claims to which you and I may agree to disagree on whether or not public policy should allow such a suit, but they are still legitimate under the current state of the law.

If you surreptitiously recorded a conversation turn it over to your lawyer and let the lawyers decide if what you have is valuable or worthless (illegal?) evidence. Better yet, before you record the conversations ask your lawyer if what you want to do is going to get you in trouble. 

For additional reading see these posts:

Should I give a recorded statement to the insurance adjuster?

www.lombardilaw.com/.../should-i-give-a-recorded-statement-to-the-...

No, not until you have had a chance to speak with a lawyer. Why? Because frankly you don't know what you're doing and how the insurance adjuster will trick ...

What's the harm in giving the other guy's insurance company a ...

www.lombardilaw.com/.../whats-the-harm-in-giving-the-other-guys-...

After 26 years of practicing law I can think of only two reasons why insurance company adjusters want to talk with the person asking their company for money; ...

Do you have to give the insurance company's adjuster a recorded ...

www.lombardilaw.com/.../do-you-have-to-give-the-insurance-compa...

Oct 6, 2009 – There is nothing wrong with refusing to give a recorded statement to the opposing adjuster. If your lawyer says to do it then do it, but while ...

Family Law: Electronic surveillance of wife's bedroom activity ...

www.lombardilaw.com/.../family-law-electronic-surveillance-of-wife...

Dec 23, 2008 – Even before their marriage, Jeffrey and Cathy had recorded each other's... The Court found the content of the tape recordings was not the ...

After the wreck the other driver admitted it was his fault, but now he's ...

www.lombardilaw.com/.../after-the-wreck-the-other-driver-admitted-...

Witness statements need to be recorded. Take photographs of the damage to both vehicles and the intersection. - 515-222-1110 - 1300 37th Street, Suite 6 West ..

Client Trial-Deposition Preparation Blog

www.lombardilaw.com/blog/client-trialdeposition-preparation/

Oct 25, 2010 – Read any recorded statements you've given. Not everything is important but some