Before you become your own private investigator...

Today, one of the local news outlets featured this piece about whether it is legal to tape a telephone conversation.  If you are trying to prove a parent is not fit, or a spouse is hiding assets or engaging in adultery, the temptation is strong.  From time to time, clients have come to me with videos, emails, photographs and tapes, and there are several things you need to consider before using (or even taking) such evidence.  For example, the evidence is considered hearsay, and may not even be admissible in court unless one of the exceptions applies to that particular instance.  Furthermore, you may be subject to criminal prosecution in violating trespassing or wiretap statutes.  You may even be liable for damages in a civil lawsuit for invasion of  privacy.  Finally, the evidence may be deemed unreliable by the judge, and it can even damage your credibility in court.  Before you start your own sleuthing mission, be sure to consult with a knowledgeable attorney, and may also want to enlist the services of a reputable private investigator who can testify in court if necessary.