Training Bulletin 21-02 Recording Of Attorney-Client ConversationsCOMMITMENT • COMMUNICATION • COMPETENCY • CHARACTER
February 4, 2021 TB#21-02
Recording of Attorney-Client Conversations
The recording of any conversation between an attorney and client is strictly prohibited. Evidence Code
954, commonly known as the “attorney-client privilege,” makes any communication between attorneys
and their clients privileged and confidential.
It is unlawful for any person, intentionally and without the consent of all involved parties, to record or
eavesdrop on these confidential conversations per Penal Code 632(a). This section applies to all persons,
including law enforcement officers. Penal Code 851.5(b)(1) also prohibits phone calls between attorneys
and clients from being monitored, eavesdropped upon, or recorded.
If an officer is present while any attorney is conversing with a client, it is the officer ’s responsibility to
turn off recording equipment and/or move to another area where body-worn cameras will not record the
conversation. This also applies to recording equipment used in interview rooms and in police vehicles.
The interview room located next to the Special Investigation Unit does not have recording equipment and
can be used to facilitate conversations between an attorney and client. Notify the Watch Commander to
obtain a key for this interview room prior to allowing an attorney and client to use it.
Bottom Line:
Recording of a privileged and confidential conversation between an attorney and client is strictly
prohibited. It is the officer’s responsibility to ensure these conversations are not recorded on any
equipment including but not limited to: body-worn cameras, in-vehicle cameras, or by interview room
recording equipment.
ORANGE POLICE DEPARTMENT
LAW ENFORCEMENT TRAINING BULLETIN
Thomas C. Kisela, Chief of Police