There has recently been controversy regarding the alleged recording of prisoners’ phone calls with their attorneys. Securus Technologies and Global Tel Link, two of the major vendors of prison telecommunications, have allegedly been recording thousands of phone calls between attorneys and their imprisoned clients in several states, including Florida. The companies claim that these recordings were accidental due to the attorneys’ phone numbers not being registered as “do-not-record” within the system. However, the Brooklyn Defenders Services argue that this is a significant issue, as the prosecutors of these cases are being allowed access to these records and thus violating attorney-client privilege.
What is Attorney-Client Privilege?
Attorney-client privilege is the idea that all confidential communications between a lawyer and their client cannot be disclosed without the client’s consent. In Florida, the attorney-client privilege is outlined in law within Florida statute 90.502. In this statute, it states that this communication cannot be disclosed to any third parties other than:
- Those who require the disclosure to provide legal services
- Those who require the disclosure to transmit the communication to its intended recipient
For instance, speaking to the attorney’s paralegal falls under attorney-client privilege as they would meet both criteria.
The statute further describes how there are exactly five exceptions to attorney client privilege:
- The communication was made to commit, or help someone else commit, a crime or fraud
- The communication is related to an issue between parties claiming through the same deceased client (for example, contesting a will)
- The communication is related to a breach of duty by the lawyer to the client or vice versa
- The communication concerns the intention or competence of a client who wants to execute an attested document, where the lawyer is an attesting witness
- The communication is related to a matter of common interest between two or more clients
In the case of Securus Technologies and Global Tel Link, the communication between the lawyers and prisoners does not fall under any of these five exceptions. Therefore, if the allegations are true, the two companies could be in significant trouble for violating the attorney-client privilege established by law.
If you have any questions regarding attorney-client privilege, call the experienced defense attorneys at Hendry & Parker, P.A, in downtown Dunedin, at (727) 205-5555 today for a free consultation.