To Record or Not To Record: Audio and Video Evidence in Estate Litigation

When family disputes arise – whether it’s over a ⁠trust⁠, an ⁠estate⁠, or a ⁠guardianship⁠ matter – people are often tempted to record their interactions with the other party. They often believe that the audio or video clip will be helpful in their case. However, before you press that “record’ button, you’ll want to listen to this Life Happens Radio podcast.

Our litigation team often speaks to clients who have filmed interactions, or audio-recorded phone calls, in an effort to prove that the “other side” is guilty. For instance, a sister records a conversation she shared with her brother because she believes he unlawfully changed their parent’s last will & testament. Or, perhaps a video is recorded of an elderly parent to later show the court that he/she lacked capacity or was being abused. 

But as you’ll hear from Pierro, Connor & Strauss litigation attorneys Aaron Connor and Jacob Verchereau, there are risks to consider when choosing to record. While you may think you are building a case, that is not always the case. Aaron and Jacob will explain how audio and video evidence can sometimes have an opposite effect. Recordings can also create additional litigation, create questions of fact, and even lead to cases going to trial when it otherwise could have been avoided. Aaron and Jacob will also discuss some technical litigation concepts relevant to trust & ⁠estates litigation⁠, such as how “attorney client privilege” receives special treatment in these types of cases.⁠

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