The recent scandal involving the owner of the L.A. Clippers raises an important issue for individuals going through a divorce in NJ. As we all know, the firestorm erupted because a recording of a conversation was leaked to the media. During a divorce case, I often am asked by my clients if they can or should record conversations with their spouse. The advice I give them ONLY reflects the current state of the law in New Jersey. If you live in another state or intend to record a conversation outside of New Jersey you must first check the laws of that particular jurisdiction.
In NJ, it is permissible to make an audio recording of any conversation to which you are a party. You do not need to alert the other participants and you do not need their consent. Again, you must be a party to the conversation. You cannot leave a recording device in a room or surreptitiously connected to a phone and record a conversation of which you are not a participant. Therefore, I always advise my clients to make sure that their voice is captured on the recording so that it is possible to confirm their participation.
If you plan an making a recording, you must be very careful about your own conduct as the entire recording can be admitted into evidence. This means that if you seek to introduce the favorable statements the other side can listen to the entire recording and use an unfavorable statements against you. While it may go without saying, it is imperative that you do not doctor, edit, or otherwise alter that tape.
Make the recordings available to your attorney as soon as possible so that he or she can review them and assess the value of the content. There are additional evidentiary rules your attorney will need to address prior to using the recordings in court.
In summary, while it is permissible to record conversations you must do so carefully for maximum impact and to avoid legal issues.
