[19980312]98-251_窃听、录音机和法律道德：律师参与秘密录音谈话提出的问题.pdf

1 Strictly speaking neither model includes all crimes. The Rules of Professional Conduct referto any criminal act “that reflects adversely on the lawyers honesty, trustworthiness or fitness asa lawyer in other respects” and the Code of Professional Responsibility to conduct “involvingmoral turpitude.” No one doubts inclusion of illegal wiretapping or electronic eavesdroppingwithin the proscribed class in either case, N.C. RPC 192 (1995); Ore. State Bar Assn FormalOpinion 1991-74; Va. LEO #1324 (1990). Summaries or excerpts from state courts and state barassociation ethics committees are appended to the longer version of this report, CRS Report 98-250.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-251 AMarch 12, 1998Wiretapping, Tape Recorders & Legal Ethics:Questions Posed by Attorney Involvement inSecretly Recording Conversation(name redacted)Senior Specialist American Law DivisionSummaryThe American Bar Association considers recording a telephone or face to faceconversation without the knowledge and consent of the parties to conversation contraryto the ethical standards of the legal profession. Some of the state court a