Can I tape record conversations?

I often get the question, or sometimes clients will come with a tape recording and say, “look what I’ve recorded.” But, I often get the question, “Can I tape record other people, the conversation? Whether it’s phone conversations, or there’s people standing there at work talking, can I record that?” It depends under what circumstances. Some states, everyone that’s talking or everyone that’s being recorded must give consent. So if it’s you and another person, both of you must give consent and know that it’s being recorded. If it’s you and two other people talking, you and those other two people must consent. That is the rule in Florida. In Tennessee, we have what’s called one-party consent. So if you’re part of the conversation, you can record that conversation, and you’re not required to tell anybody else as long as you’re part of the conversation. What you can’t do, is turn on the recorder and leave the room and not be part of the conversation.