I have been practicing law for 11 years. Never once have I had to secretly record - let alone even contemplated secretly recording - a phone call with a client. In fact, I don’t think I’ve ever recorded a call with a client. Ever.
Given it wasn't the government doing the recording, and it's a criminal suit, I don't see why there'd be any exclusionary rule preventing use.
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Oh, IANAL. So above is just semi-informed speculation.
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