Is It Legal To Record Telephone Calls?

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In light of recent breaking news, business owners and entrepreneurs are wondering: what are the laws around recording conversations? Here’s what you need to know.

On the LegalHour.live, attorneys Joey Vitale and I share 36 combined years of legal and business experiencer and explain what every business owner, client and customer, needs to know when it comes to recording telephone calls. Click here to watch. 

Social Media Being Used As Evidence

Robert Mueller is Examining Trump’s Tweets in the Obstruction Inquiry

This is fascinating to me.

The fact of the matter is that “content” shared on Twitter and other social media platforms can be used as evidence in criminal and civil cases. I’m here to tell you, right now, that Trump’s tweets will be used as evidence in the Mueller case.

As a consulting expert to the book, “Effective Introduction of Evidence in California- Chapter 54 Electronic and Social Media Evidence” by Julie Brook and put out by the Continuing Education of the California State Bar (CEB), I’m interested in seeing exactly how Mueller’s team handles the authenticity and foundation issues that are present with using social media content. I’m also looking forward to watching defense attorneys trying to get into evidence “alternative explanations” as to why Trump’s tweets mean something different than what they purport to say on their face.

Several years ago, I was able to use public postings on Facebook to impeach the testimony of a witness on the stand. The defendant denied while testifying in front of the jury, ever using certain derogatory terms referring to women. After about 20 minutes of direct examination, I pulled up his Facebook newsfeed and I walked him through each of the same derogatory words that he clearly used while sharing opinions on Facebook, that he had just denied ever using to the jury.

Doing this live in front of a jury was a powerful moment during the trial. Looking back, I believe using the witnesses own Facebook posts to show his true character and intentions helped me win the case and create new law in the State of California.

Here’s the deal. These are fascinating times and when it comes to the law, social media is creating new opportunities, and challenges, when prosecuting cases and representing clients. Be careful and understand just how powerful social media is in business, law and in court.

Here’s the link to today’s New York Times story

My Instagram TV (IGTV) Channel!

Have a legal question about doing business on social media or digital?

Please watch and follow my channel on #IGTV 😎

Get Your Questions Answered on My IGTV Show!

Each day I share 32+ years of legal expertise and answer your online legal/biz questions. Review all episodes below.

If you’d like to watch (click here) and, to ask a question, simply go to @MitchJackson on #Instagram, and DM me with your question. Or, simply share your question here.

Past and Current Episodes

All episodes are right here. Specific episodes are below.

Using the New Instagram Stories “Questions” for Business? Then Watch This!
I Know You’re Busy, But Make Sure To Do This For Physical and Emotional Health
Two Good Ways To Document Your Agreements and Business Transactions
An Important Clause to Have in Your Agreements!
The BIGGEST legal mistake small and medium size online businesses make
Stop Distracted Driving- Especially if you’re an influencer!
3 Ways to Find a Good Lawyer
SUP at Dana Point Harbor
IGTV for Business- The Good, Bad, and the Ugly!
Social Media Day San Diego #SMDaySD
5 Steps to Better Persuasion
It’s all About the Ethics
New SCOTUS Ruling Allows States to Tax Online Sales

We also shared our thoughts about IGTV in a recent episode of the LegalHour.live (Wednesdays at 2 pm ET) titled, “IGTV for Your Business. The Good, Bad and the Ugly!”

Social Media Day San Diego 2018 #SMDaySD

I’m really looking forward to attending and speaking at Social Media Day San Diego. I’ll be sharing legal, business, and social media tips to help keep brands, agencies and influencers safe and sound when doing their thing on the digital platforms.

Will you be there? If so, let’s make sure to connect!

Click here for more details and make sure to follow #SMDaySD for the latest updates and info.

Why I’m Proud To Be a Trial Lawyer (My Rant)!

The rights and liberties our ancestors fought and died for (civil rights, due process and equal protection) are now, for the most part, thought less about by most Americans than the big question concerning who is going to be sent home on the next “Survivor” television show? More people know the names of the “OC Housewives” or “Bachelor” contestants than the names of our U.S. Supreme Court justices. This isn’t OK and I need to get this off my chest.

My name is Mitch Jackson and I’ve been a trial lawyer for 3 decades. It’s in my blood. Being a trial lawyer is something I’m very proud of.

Trial lawyers protect those who do not have the ability or resources to protect themselves. They keep the peace and make sure everyone plays by the rules. They are an indispensable part of a society and a group of professionals who work every day to try and make sure everyone and every corporation is equal, fair and just.

In a world where “alternative facts” start to become the norm and, a complete lack of respect for our Constitution, Separation of Powers, independent judicial system, and the free press, is promoted and endorsed by our “leaders” in Washington DC, you need to know the following:

When a person or company, no matter how big or important, decides that the law doesn’t apply to what they’re doing, trial lawyers are there to hold that wrongdoer accountable.

What we do matters. I truly believe that a good trial lawyer is the custodian of the community’s legal and ethical sense. We are not the enemy of business or progress. In fact, we’re just the opposite. We protect the rights and freedom of people and business and make sure quality products and safety always come first. We are the ally of business and the American dream.

The law and function of trial lawyers have changed over time. And that’s a good thing. Since the beginning of civilization, a common element of all people and societies is change. Trial lawyers and the law are no different. We need to continue to improve and revamp ourselves based upon prior conduct and the present and future needs of society.

Revamping or renovating something special is always the preferred approach. It’s not always easy but is always necessary. In fact, some call this cycle the cycle of life. Even the Statute of liberty wore out after a hundred years. It needed to be refurbished. No big deal.

Along the same lines and over 2 centuries ago a lawyer, Thomas Jefferson, helped pen the Declaration of Independence. Today it stands strong. It continues to be a landmark- a human progress of ideas, ideals and values.

The Declaration of Independence and for that matter, our Constitution, are living, breathing and changing documents. Monuments much older than the Statute of Liberty, and erected on paper rather than a cement foundation. Documents etched indelibly in the minds and free men and women wherever they are.

Most people on this planet believe equality and justice are primary concerns. Truth be told, this isn’t the case. People living in third world countries controlled by dictatorships know this all too well. Many Americans don’t truly appreciate the rights and liberties they experience on a daily basis.

And that’s too bad.

Tragically, it seems to me that many Americans have become passive when it comes to protecting their liberty and justice. They take for granted what some “talking head” says and they go along with the flow.

Based upon what I’m seeing and hearing almost on a daily basis, the average American just doesn’t’ believe it is his or her duty to preserve the liberties that all of us enjoy. And I find that very sad.

Continue reading “Why I’m Proud To Be a Trial Lawyer (My Rant)!”