The Recording a Client Already Made: Statutory Damages and Felony Exposure in Divorce and Custody

Jonathan D. Steele
Jonathan D. Steele | Beermann LLP

Jonathan D. Steele is a partner at Beermann LLP in Chicago, where his divorce and family law practice includes digital evidence and privacy issues: text messages, shared accounts, family devices, location data and electronic financial records, what those records may show, how to preserve them, and when shared access or device monitoring raises privacy or safety concerns.

Live Video-Broadcast: January 14, 2027

1.5 hour CLE

Tuition: $195.00
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Program Summary

 

The recording your client is the proudest of may be the most expensive thing in the file

The federal Wiretap Act is one-party consent: a recording made by a participant is generally lawful. In the all-party consent states, including California, Florida, Illinois, Maryland, Pennsylvania and Washington, the client's own recording is the problem. In Illinois, after People v. Clark, People v. Melongo and the 2014 amendments, surreptitiously recording a private conversation is a felony.

Record a spouse in an all-party state, and the recording is barred as evidence and the other side holds a civil claim for actual and punitive damages. Intercept a call the client was not part of, through spyware or a child's calls with the other parent, and §§ 2511 and 2520 bring felony exposure and statutory damages of $10,000 or $100 per day. Use it as counsel, and the use-and-disclosure provisions reach you. Delete it, and spoliation sanctions follow.

Attendees leave with a working protocol: the intake questions to ask before anyone presses play, the preservation steps and forensic copy that survive a challenge, authentication and the attacks to expect, motions in limine and the § 2515 suppression remedy, and the Model Rules 3.4, 4.4 and 8.4 analysis for a recording obtained unlawfully. Judgment applied to a live file, not a doctrine summary.

Key topics to be discussed:

  • Federal One-Party Baseline
    How the distinction between a client's own recording and a recording of conversations the client was not part of changes the exposure analysis under 18 U.S.C. §§ 2511 and 2520, including the $10,000 or $100-per-day statutory damages.
  • All-Party State Exposure
    How the all-party consent states, with Illinois after People v. Clark, People v. Melongo and the 2014 amendments as the working example, turn the client's own recording into a felony, and what changes when the parties or the call cross state lines.
  • Exemptions and Private Conversations
    How Illinois' reasonable suspicion exemption for recordings of threats or abuse, and the question of whether a custody exchange in a public place is a private conversation at all, change which recordings the client may keep.
  • Recording a Child's Calls
    How the vicarious consent doctrine protects a parent who records a child's conversations with the other parent, and the circumstances in which it fails.
  • The Lawyer's Own Exposure
    What the lawyer must do, and refuse to do, the moment a client produces a recording, under the use-and-disclosure provisions and Model Rules 3.4, 4.4 and 8.4, with notes on where state versions differ.
  • Preservation Through Admission
    What preservation steps must happen immediately, what spoliation sanctions follow when a recording is deleted, edited or lost, and how the recording is authenticated and admitted or excluded, including the § 2515 suppression remedy.

This course is co-sponsored with myLawCLE.

Date / Time: January 14, 2027

  • 12:00 pm – 1:30 pm Eastern
  • 11:00 am – 12:30 pm Central
  • 10:00 am – 11:30 pm Mountain
  • 9:00 am – 10:30 pm Pacific

Closed-captioning available

Speakers

Jonathan D. Steele, Partner | Beermann LLP

Jonathan D. Steele is a partner at Beermann LLP in Chicago, where his divorce and family law practice includes digital evidence and privacy issues: text messages, shared accounts, family devices, location data and electronic financial records, what those records may show, how to preserve them, and when shared access or device monitoring raises privacy or safety concerns. He pursued cybersecurity credentials after seeing how monitoring, account access and digital evidence complicate divorce cases. He handles divorce, custody and parenting time, orders of protection and post-decree disputes through negotiation and trial, along with property division, maintenance, child support and parental responsibilities.

  • Education & Credentials

Mr. Steele earned his J.D. from The John Marshall Law School in 2011 and his B.A. from Indiana University in 2007, with a concentration in political science. He was admitted to the Illinois bar in 2012 and to the U.S. District Court for the Northern District of Illinois in 2021. Alongside his law degree he holds a set of cybersecurity and privacy credentials: CompTIA Security+, ISC2 Certified in Cybersecurity, the Google Cybersecurity Certificate, EC-Council Cybersecurity Attack and Defense Fundamentals, and the University of Pennsylvania program in Privacy Law and Data Protection. He is also a Certified Financial Litigator through the American Academy of Certified Financial Litigators.

  • Recognition & Leadership

Mr. Steele is listed in Best Lawyers in America for 2026–2027 and was named a Leading Lawyer by the Leading Lawyers Network in 2026. The Chicago Daily Law Bulletin included him among its 40 Under Forty Attorneys to Watch in 2025. He has been selected to Illinois Super Lawyers Rising Stars every year since 2016 and was recognized as an Emerging Lawyer by Leading Lawyers in 2017. He has also been named to the American Institute of Family Law Attorneys’ Top 10 Lawyers Under 40 and the National Academy of Family Law Attorneys’ Top 10 Family Law Attorneys Under 40. He serves on the board of the Medical Research Junior Board Foundation of Ann & Robert H. Lurie Children’s Hospital of Chicago.

  • Professional Involvement

Mr. Steele volunteers with the Electronic Frontier Foundation’s Cooperating Attorneys Program, providing pro bono privacy help, and works with JUF Community Legal Services, Family Rescue and Sarah’s Inn. He authored a chapter in the IICLE publication Family Law: Child-Related Issues in Dissolution Actions (2026 Edition) and has presented for IICLE on strategic uses of declaratory and summary judgment in family law. He has appeared on numerous podcasts on the intersection of technology and divorce, including episodes on stalking and harassment in divorce, cybersecurity and divorce, and safeguarding personal data during family law disputes. He is a member of the American Bar Association, the Illinois State Bar Association and the Chicago Bar Association.

  • Experience

In practice, Mr. Steele’s work on the digital side of divorce includes digital evidence preservation, social media and e-discovery, and device-security risk review, bringing in security professionals when a device may be compromised. His litigation practice covers divorce trials, child custody and spousal maintenance, high-net-worth matters including hidden-asset discovery involving cryptocurrency, offshore accounts and shell entities, business valuation and prenuptial agreements. He has represented clients before the Illinois Appellate Court and the Illinois Supreme Court, has handled matters pro hac vice in neighboring states, and has taken more than 100 depositions. More about Mr. Steele’s work, including his digital evidence and privacy practice, can be found at steelefamlaw.com.

Agenda

SESSION 1 – What a client’s recording costs, and what to do about it: wiretap exposure from intake to motion practice | Jonathan D. Steele | 12:00pm – 1:30pm

This 90-minute session covers both halves of the problems a family lawyer faces when a client arrives with a recording they already made: a phone call with a spouse, a confrontation at a custody exchange, or a child talking to the other parent. The first part covers what the recording costs. Attorneys will learn why the federal Wiretap Act, a one-party consent statute, generally permits a recording made by a participant, and how 18 U.S.C. §§ 2511 and 2520 create felony exposure and statutory damages of $10,000 or $100 per day when the client intercepts conversations they were not part of, through spyware, a device left recording, or a child’s calls with the other parent; how the all-party consent states (including California, Florida, Illinois, Maryland, Pennsylvania and Washington) make the client’s own recording the problem; how Illinois’ eavesdropping statute, after People v. Clark, People v. Melongo and the 2014 amendments, makes surreptitiously recording a private conversation a felony, bars the recording as evidence and gives the other party a civil claim for actual and punitive damages; the exemptions that matter most in family cases, including Illinois’ exemption for recording under a reasonable suspicion of a crime against the client or a household member, and whether a custody exchange in a public place is a private conversation at all; when the vicarious consent doctrine protects a parent recording a child and when it fails, and how the use-and-disclosure provisions reach the attorney who uses the recording. The second part covers what to do about it: the intake questions to ask before anyone presses play, preservation duties and the spoliation sanctions for deleting or altering a recording, when to retain a forensic examiner and what a defensible copy looks like, authentication and the attacks the other side will bring, motions in limine and the statutory suppression remedy under § 2515, and Model Rules 3.4, 4.4 and 8.4 as applied to a recording obtained unlawfully, with notes on where state versions of those rules differ. Attendees will leave with a working protocol for advising the client, protecting the file, and getting the recording in or keeping it out of the divorce or custody case.

Credits

Alaska

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1.5 General

Arkansas

Approved for CLE Credits
1.5 General

Arizona

Approved for CLE Credits
1.5 General

California

Approved for CLE Credits
1.5 General

Colorado

Pending CLE Approval
1.5 General

Connecticut

Approved for CLE Credits
1.5 General

District of Columbia

No MCLE Required
1.5 CLE Hour(s)

Delaware

Pending CLE Approval
1.5 General

Florida

Approved via Attorney Submission
1.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1.5 General

Hawaii

Approved for CLE Credits
1.5 General

Iowa

Pending CLE Approval
1.5 General

Idaho

Pending CLE Approval
1.5 General

Illinois

Approved for CLE Credits
1.5 General

Indiana

Approved for CLE Credits
1.5 General

Kansas

Pending CLE Approval
1.5 Substantive

Kentucky

Pending CLE Approval
1.5 General

Louisiana

Pending CLE Approval
1.5 General

Massachusetts

No MCLE Required
1.5 CLE Hour(s)

Maryland

No MCLE Required
1.5 CLE Hour(s)

Maine

Pending CLE Approval
1.5 General

Michigan

No MCLE Required
1.5 CLE Hour(s)

Minnesota

Pending CLE Approval
1.5 General

Missouri

Approved for CLE Credits
1.8 General

Mississippi

Pending CLE Approval
1.5 General

Montana

Pending CLE Approval
1.5 General

North Carolina

Pending CLE Approval
1.5 General

North Dakota

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1.5 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
90 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1.5 General

Nevada

Pending CLE Approval
1.5 General

New York

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1.5 General

Oklahoma

Pending CLE Approval
2 General

Oregon

Pending CLE Approval
1.5 General

Pennsylvania

Approved for CLE Credits
1.5 General

Rhode Island

Pending CLE Approval
2 General

South Carolina

Pending CLE Approval
1.5 General

South Dakota

No MCLE Required
1.5 CLE Hour(s)

Tennessee

Approved for CLE Credits
1.5 General

Texas

Approved for CLE Credits
1.5 General

Utah

Pending CLE Approval
1.5 General

Virginia

Not Eligible
1.5 General Hours

Vermont

Approved for CLE Credits
1.5 General

Washington

Approved via Attorney Submission
1.5 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1.5 General

West Virginia

Pending CLE Approval
1.8 General

Wyoming

Pending CLE Approval
1.5 General

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