VETINUITY
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● RECORDING CONSENT
Do I need client consent to record the exam?
Client consent to record an exam depends on the state law and the circumstances of the conversation, including whether it is private or the recording is secret.
Updated
● STATE PROVISIONS
This is a partial national table of state provisions, not a complete list of states or recording rules. Read the linked definitions and exceptions with each excerpt before applying it to a conversation.
| State | Statute and excerpt | Scope and qualifications | Official evidence |
|---|---|---|---|
| Florida | Florida Statutes §934.03(2)(d)all of the parties to the communication have given prior consent | This provision permits a person to intercept a wire, oral or electronic communication with prior consent from every party. For oral communications, §934.02(2) requires an expectation against interception under circumstances justifying it and excludes public oral communications at public meetings. Other statutory exceptions apply; §934.03(2)(e) prohibits interception for a criminal act. | Official statute§934.02 definitionsChecked |
| Maryland | Courts and Judicial Proceedings §10-402(c)(3)all of the parties to the communication have given prior consent | The person intercepting must be a party to the communication, with prior consent from every party. The provision excludes interception for a criminal or tortious act in violation of federal or state law. Section 10-401(13) defines oral communication as words spoken in private conversation; other exceptions appear in §10-402(c). | Official statute§10-401 definitionsChecked |
| New Hampshire | RSA 570-A:2, I, I-a and II(d)without the consent of all parties to the communication | Paragraph I addresses willful interception without all-party consent, subject to the chapter. Paragraph I-a separately addresses knowing interception by a party, or with one party's prior consent, without the approval under II(d). That approval concerns specified law-enforcement investigations; statutory exceptions also apply. Under RSA 570-A:1, II, oral communication requires a reasonable expectation against interception under circumstances justifying it. | Official statuteRSA 570-A:1 definitionsChecked |
| Washington | RCW 9.73.030(1)(b), (2) and (3)without first obtaining the consent of all the persons engaged in the conversation | Subsection (1)(b) covers private conversations recorded or transmitted by a device. The chapter contains exceptions, including the specified conversations in subsection (2). Under subsection (3), a reasonably effective announcement to everyone can establish consent; when the conversation is recorded, that announcement must also be recorded. | Official statuteChecked |
| Massachusetts | General Laws c.272 §99(B)(4), (C)(1) and (D)secretly record | The definition concerns secretly hearing or recording wire or oral communications through an intercepting device without prior authority from all parties. Section 99(C)(1) prohibits willful interception subject to the section's exceptions, including those in (D). The secret-interception distinction matters; this text does not say every recording is prohibited. | Official statuteChecked |
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