The Court Of Public Opinion

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the bugging issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

Wilcox & Wilcox, P.C. Trent Wilcox For the Firm

Phoenix office: 3030 N. Central Ave., Ste. 705 Phoenix, Arizona 85012 Ph: 602-631-9555 Fx: 602-631-4004

Goodyear office: 1616 N. Litchfield Rd., Ste. 240 Goodyear, Arizona 85338 Ph: 623-344-7880 Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our web log: www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

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I used to be a lawyer, but now I am a reformed character. - Woodrow Wilson (1856 - 1924)

Pun apart, dictionary says a lawyer is a professional person authorized to practice law; conduct lawsuits or give legal advice. The famed legal encyclopedia Thomas Gales goes further in describing a lawyer as Any qualified person who prosecutes or defends causes in courts of record or other judicial tribunals.

Most of the times the terms attorneys, counselor at law are interchangeably used with lawyers and they are perfect unless there is some expressive contraindication.

How Does One Become a Lawyer?
In order that one becomes a lawyer, he or she must obtain a degree at law after three years full time study at a law school (four years for part time course). The name of the course varies in different states within USA and other countries. And there is bachelors degree to be completed as pre requisite to admission to law colleges.

Before one could start off as lawyer in his or her state, he or she must pass the bar at law exam and for other states to admit them for practice law; there is another stipulated period of practice in their respective states.

Professional Remuneration
An attorney, under the attorneys lien, is entitled for reasonable compensation from his/her clients, although, he/she is required by law to render some pro bono service. Lawyers have it in their rights to claim their rightful fees by retaining any property or money belonging to their clients. Nevertheless, there are many successful attorneys of international repute to whom their clients, both corporate and individual, are prepared to pay astronomical fees. One last word to the aspiring candidate: this is one highly rewarding field for the right candidate who works brilliantly and tirelessly.

Lawyers Obligations
Lawyers, the protectors of law, as they are acclaimed, have some obligations too, in lieu of their clients. Number one: Lawyers cant just arbitrarily discontinue representing any one client unless, court permission is obtained by them. Two: Lawyers cant, either willfully or unintentionally divulge to third parties and opponents etc, the details of the case as long as they co0ntinue to represent the clients. This is perhaps, by far the strongest protection to gullible clients from powerful elements in opposition and from scrupulous lawyers.

Having said all these, still a question remains unresolved! Why lawyers are the most laughed off professionals?

Credit Lawyer
A credit lawyer will instruct you on the best ways of saving your credit reputation and being able have a good credit rating overall. As well, she can help you to learn to contain your spending, that you never again require the services of a credit lawyer.

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As you hear and see over and over in the media, there are a lot of bizarre lawsuits filed in our country. So, what are the options when dealing with frivolous lawsuits?

Your Options with Frivolous Lawsuits

When talking about frivolous lawsuits, it is important to understand a few things first. Simply put, the question of what is frivolous is not as easy to answer as it may seem at first glance. We have all heard about the judgment against McDonalds for three million dollars for serving coffee that was to hot. In that case, however, the lawsuit was not frivolous per se. Instead, it was the judgment returned by the jury that was frivolous and way out of line.

In our justice system, practically anyone can file a lawsuit as long as they have the money to do so. It costs a couple hundred dollars depending on the location. In filing such a lawsuit, the person makes various claims against the defendant. If the claims are so outlandish as to be considered frivolous, the court does not deem them illegal. Lawsuits are a matter of civil law, not criminal law. In short, a civil lawsuit decides fault, not whether something is illegal.

While a judge will not rule a frivolous lawsuit to be illegal, he or she can take another step. As the case proceeds, the defendant can file a motion called a summary judgment. In that motion, the defendant argues that even if all the facts supported by the evidence offered by the plaintiff are presumed to be true, the defendant still has done nothing wrong. If the judge agrees, the lawsuit is over. Depending upon the state, the judge may also be able to award costs and fees to the defendant. The defendant, however, has another bullet in his arsenal.

Upon successfully defending a claim, a defendant has the option to file a malicious prosecution lawsuit. These are sometimes called slap lawsuits in certain states. In such a lawsuit, the defendant argues that the plaintiff filed a frivolous lawsuit for the pure purpose of harassing or causing the defendant to spend money on attorney fees. If the defendant is successful in bringing the claim, he or she can often recover the fees spent on an attorney and other damages dependent upon the relevant state law.

Frivolous lawsuits are a fact of life in our modern society. A determined defendant in a civil lawsuit, however, has the ability to turn around and come back at the plaintiff for filing them.

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A Chapter 13 bankruptcy lawyer is the person to approach for professional help when declaring bankruptcy. He explains the principles of bankruptcy laws and their applications and how they function to relieve an individual from financial obligations. If you are ignorant of the laws, there is a chance that you could lose property or other rights. A Chapter 13 bankruptcy lawyer works with clients so that filing for bankruptcy can help them restore their credit.

Chapter 13 bankruptcy law, also called personal reorganization bankruptcy, is a debt repayment procedure available to individuals, not corporations or partnerships. This rule permits the debtors to pay off their creditors with monthly installments while retaining their properties. The length of the payment period may vary from three to five years.

Before taking any action towards bankruptcy, applicants should check with a good Chapter 13 lawyer to decide if this is the best solution for the particular situation. The bankruptcy lawyers can extend appropriate advice required to reap complete benefits in available circumstances. Their normal services include legal protection of clients from creditors, elimination of a major portion of the debt, saving a client from financial ruin, and enabling a fresh start.

A Chapter 13 bankruptcy lawyer first examines the debtor’s regular monthly payments (such as house and car payments) and utilities when determining what the monthly payments will be. After the lawyer has worked out a plan with the court, the debtors start making payments a few days or months after the case begins. The trustee, who is appointed by the court, disburses the funds to the creditors.

Referrals from friends, family, or colleagues can be a good way to start generating a list of potential Chapter 13 bankruptcy lawyers. One can contact their local or state bar associations to research possibilities. The Internet is also a good place to locate a good bankruptcy lawyer.

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Identity theft is a federal crime under the Identity Theft and Assumption Deterrence Act. It occurs when a con artist uses your personal information, such as name, mailing address, Social Security number, credit card number, birth date to set up a clone identity, which then buys merchandise, takes loans and makes other financial transactions. The impersonator keeps the loot, while you get stuck with the bad credit. Identity theft scams have received their fair share of media attention in recent years.

The crime of identity theft has reached epidemic proportions, with identity theft scams making headlines more and more every day. One of the high-profile identity theft scams involving a New York’s restaurant busboy, Abraham Abdallah, is the largest identity theft in the history of the Internet. Abdallah, a 32-year-old high school dropout, breached the private finances of 217 of the Forbes 400 wealthiest people in America. Using a few web-enabled cell phones, virtual voicemail and a public library computer, the so-called busboy is said to have guessed the passwords of his favorite tycoons, input personal information so conveniently available in Forbes magazine, swiped Social Security numbers, and accessed brokerage accounts.

Soon Abdallah forged bank’s stationeries deployed multiple couriers to escape detection, and had credit cards in Steven Spielberg, Martha Stewart, Oprah Winfrey and Ted Turner’s names! Law enforcement officers called it one of the most ambitious identity theft scams they had ever seen, a hi-tech scheme of Hollywood proportions. Even though the police arrested Abdallah five years ago, they are still trying to trace the complex electronic trail to figure out exactly how much money was siphoned.

Of the recent high-profile identity theft scams, the MphasiS BFL - Citibank case is particularly noteworthy, because of the ease with which five young employees from MsourcE, an Indian call center allegedly pulled off a financial fraud worth nearly half-a-million dollars. The accused were no geeks, and did not break through firewalls or decoded encrypted software. Instead, they devised a simple modus operandi. Being the authorized e-banking service providers to Citibank, these MsourcE employees were privy to confidential details of various account holders. The only pieces missing were the passwords, which these employees apparently got by sweet-talking the account holders.

Identity theft does not have to be big and news worthy to ruin peoples lives. The small time con artist can assume several different identities and ruin the financial lives of dozens of people, semingly overnight!

Keith Londrie II is a well known author. For more information on Identity Theft, please visit Identity Theft for a wealth of information. You may also want to visit keith’s own web site at http://keithlondrie.com/

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About Your Rights: Q: What rights do I have that need to be protected?

Q: Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?

Q: What do I have to do to protect my rights to these claims? What forms and papers do I need to obtain? Where do I get these forms? Will you fill out all the forms for me? If needed, will you help me with my medical claim? If needed, will you help me with my property damage claim?

Q: What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me?

How can you determine whether you want to hire a specific lawyer? You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring. While lawyers who primarily represent people in accidents charge a contingency fee (a fee that is charged at the end of the case and only if you are successful) you will still want to know that you are satisfied with your choice. Even though you pay a fee after you receive a money award, you are the one paying the bill. Serious injuries can result in significant compensation for both you and your lawyer. That makes you an important client!

Q: If I have a question about my case, will I be able to speak with you directly or do I have to speak to a paralegal? Is it okay if I speak with you occasionally when I have a question or to find out the status of my case?

Q: How long have you and your law firm been practicing law?

Q: Do you practice primarily in the field of Personal Injury and accidents?

Q: Do you have professional liability insurance? (Professional liability insurance also protects you, the accident victim, in case an error is made that damages your case.)

Q: When will I be charged? (Personal injury lawyers usually charge a contingency fee. A contingency fee is one that is charged at the end of the case and only if you are successful. This allows anyone who has been hurt in an accident to have easy access to a lawyer.)

Q: How much will I be charged?

Q: Will I be charged a legal fee if you do not recover money for me?

Q: Am I responsible for case expenses if you do not recover money for me?

Q: What are my alternatives to resolve my claim? Do you ever utilize mediation and arbitration?

Q: Have you or your law firm done any trials?

Q: (If married) Is my spouse entitled to any of the settlement or money awarded? What happens if I get divorced?

Q: (If a child is injured) Which parent will bring the claim? What happens to the settlement money?

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