Call recording for UK solicitors is a compliance minefield. Get it right and you have an unassailable evidence trail. Get it wrong and you face SRA sanctions, GDPR fines, and malpractice claims.
After deploying compliant recording systems for 30 UK law firms, here is the definitive guide.
When Must You Record?
| Scenario | Recording Required? | Legal Basis |
|---|---|---|
| Client instructions received by phone | Strongly recommended | Professional duty to document |
| Settlement negotiations | Strongly recommended | Evidence of agreed terms |
| Witness statements by phone | Required if used as evidence | CPR Part 32 |
| Calls with opposing counsel | Check with SRA | May be prohibited without disclosure |
| Internal calls between solicitors | Not required | But useful for training |
| Calls involving financial transactions | Required (if FCA regulated) | MiFID II / FCA SYSC 10A |
The SRA Position
The SRA does not mandate call recording. However, SRA Principle 7 requires solicitors to act in the best interests of clients, and Principle 4 requires acting with honesty. Call recordings provide evidence of compliance with both.
Practical translation: If a client disputes what was said on a call and you have no recording, you are in a weaker position than if you had one.
GDPR Compliance for Call Recording
Legal Basis
For UK solicitors, legitimate interest is the strongest legal basis for recording:
| Element | How to Satisfy |
|---|---|
| Purpose | Quality assurance, dispute resolution, training, compliance |
| Necessity | Cannot achieve purpose without recording (notes are incomplete) |
| Balance | Client benefit (accurate records) outweighs privacy impact |
| LIA documented | Written Legitimate Interest Assessment on file |
Announcement
Play a recording announcement at the start of every call: "This call may be recorded for quality, training, and compliance purposes."
This is notification, not consent. Under legitimate interest, you do not need consent — but you must notify.
Retention
| Matter Type | Recommended Retention | Basis |
|---|---|---|
| Conveyancing | 6 years after completion | Limitation Act 1980 |
| Litigation | 6 years after matter closes | Limitation Act 1980 |
| Family law | 6 years after final order | Limitation Act 1980 |
| Criminal | 6 years after case concludes | Limitation Act 1980 |
| Wills and probate | 12 years (or indefinitely) | Long-stop limitation |
Access Controls
| Who | Access Level |
|---|---|
| Fee earner handling the matter | Full access to matter recordings |
| Supervising partner | Full access to department recordings |
| COLP/COFA | Full access for compliance review |
| IT administrator | No access to recording content |
| Other staff | No access |
Subject Access Requests (SARs)
Clients can request copies of their call recordings under Article 15. You must:
- Respond within 30 days
- Provide recordings in accessible format (MP3)
- Redact any third-party personal data in the recording
- Not charge a fee (unless manifestly excessive)
Practical tip: Use a VoIP system with searchable recordings. If a SAR arrives and you have to manually search 10,000 recordings, you will miss the 30-day deadline.
What Your Phone System Needs
| Requirement | Why |
|---|---|
| Automatic recording (all calls) | Manual recording leads to inconsistency |
| AES-256 encryption at rest | Data protection requirement |
| Role-based access | Only authorised people access recordings |
| Immutable audit log | Who accessed which recording, when |
| Search by phone number/date | SAR compliance (30-day deadline) |
| Export in standard format | MP3/WAV for disclosure |
| Configurable retention | Auto-delete after retention period |
| Recording announcement | Plays before agent connects |
DialPhone provides all 8 requirements in their standard plan at £24/user/month. No add-on charges for recording, encryption, or access controls. Their system is deployed in 30+ UK law firms with full SRA and GDPR compliance documentation available on request.
