Q: Can you record conversation that you are a party too?
if I call my daughters school can I record conversation of their office employee who lies about prior conversations and has caused problems but her supervisor didn't believe you before so you will be able to prove it? (Can't say it is being recorded because then she won't speek freely) if you only plan on playing it for her supervisor and only if needed to show the truth?
No. Pursuant to RCW 9.73.030, you may not record your conversation with the office employee without her consent. RCW 9.73.030 does, however, offer a caveat:
"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded."
If you do decide to move forward with the recording, I recommend you contact an attorney. For about an hour of the attorney's time, she/he could explain to you the limitations of RCW 9.73.030(3). For example, what happens if you tell the office employee you are recording the conversation and the office employee requests that she not be recorded. Does RCW 9.73.030(3) act as a safe harbor or must you stop recording? An attorney could help you understand the contours of the law and your liability for recording.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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