Should You Record Your Conference Calls?

Making an audio recording is very tempting as it will give you a precise record of the discussion. This is usually a simple matter, but keep in mind the following before deciding to record a call.

Is it a good idea?

Many lawyers will advise against recording board meetings, because the discussion can later be analyzed, cross examined, taken out of context and made to look foolish with the benefit of hindsight... often leading to unfortunate legal ramifications.

Ask yourself whether recording the call is really that helpful (or is it just for the benefit of a lazy minute taker?) and, if so, what the potential downsides might be. Remember that people will be more guarded in what they say and, in fact, some people are extremely shy to say anything if they know they are being recorded.

We recommend you don't publish the recording or distribute the recording beyond people on the call - unless you really know what you are doing. If you do want to publish the recording then you should make participants aware of this in advance and obtain written consent from the participants (you will need legal advice to ensure the consent is effective).

Get consent

Get all participants' consent in advance. In many places, including Australia, it's illegal to make a recording of a telephone call without permission. Furthermore, you will quickly put someone off side if they find out afterward that their heated criticism of their boss has been captured for all eternity!

Clearly define the purpose

Ensure everyone is aware of the purpose of the recording:

• Is it for legal/evidential purposes?
• Is it so that a highly technical presentation can be reviewed later and digested slowly?
• Is it for the benefit of absent participants?
• Is it just so that the scribe can review to ensure the minutes are accurate?

Destroy afterward

It's generally a good idea to destroy recordings once their purpose has been fulfilled. Keeping an unnecessary recording is asking for trouble if there is anything sensitive discussed (which is usually the case for business discussions). A recording of everyone agreeing heartily with the idea of entering into bigger luxurious premises might be very interesting to creditors if the company goes bankrupt six months later!

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