The advent of smartphones containing audio and video capabilities gives virtually everyone the means to preserve evidence. More often than not, audio and video information will be the most persuasive evidence the jury will see or hear. In his November 2019 Illinois Bar Journal article, “What Every Trial Lawyer Needs to Know About Audio Recordings,” William Hanson reminds us that in Illinois, a person commits eavesdropping when he or she knowingly, intentionally, and without consent uses an eavesdropping device in a surreptitious manner for the purpose of overhearing, transmitting, or recording all or any part of any private conversation. Hanson goes on to unpack the differences between legality, authenticity, and consent as these concepts pertain to audio recordings.

Read more in the November Illinois Bar Journal.