Ohio Ethics Board Abandons Its Position That Secret Recording Is Per Se Dishonest

The Ohio Supreme Court’s ethics board has discarded its longtime position that a lawyer may not ethically record a conversation without the consent of all parties. Its new advice is that it is not inherently improper for a lawyer to record a conversation secretly but lawfully (Ohio Supreme Court Board of Commissioners on Grievances and Discipline, Op. 2012-1).

The board grounded its new approach on the American Bar Association’s change of heart on this issue in 2001, case law from Ohio and other states, and a diminished expectation of privacy given advances in technology.

Nonetheless the board made ...