The Second Set of Ears: Governing Meeting Recordings in UK Advisory Work

Meetings between UK advisory firms and their clients are now captured in more ways than one. A partner may take a handwritten note; a client may press record on a phone; an AI assistant may join the call and produce a transcript before the attendees have left the building. Each method can improve accuracy. Together, they can create a record that is inconsistent, hard to control and difficult to explain if a matter later becomes contentious.

The answer is not to ban recording or to rely on a vague understanding that everyone is comfortable. Firms need a short, repeatable protocol that covers consent, custody and the file note. The protocol should be simple enough to use in a scheduled meeting and robust enough to withstand scrutiny.

A recording is a second record, not a better note

A written attendance note is the adviser's summary of what was discussed and advised. A recording or transcript is a separate artefact. It captures the pauses, the asides, the incomplete sentence and the client's tone. It may be disclosable in litigation, subject to access requests under the UK GDPR and the Data Protection Act 2018, and relevant to professional indemnity notifications. It also engages confidentiality. If a third party is in the room, or on the call, their words may be captured without their knowledge.

AI transcription adds another layer. The tool is a processor, the firm remains the controller, and the vendor's terms, storage location and training practices need to be understood before the tool is used on client matters. A transcript that has not been checked is not a reliable record. It is a draft that may contain errors and should be treated as such.

The single record principle

The cleanest rule is that each meeting should have one authoritative record, held by the firm on the matter file. If the firm records, the firm keeps the recording. If the client records, the firm should ask for a copy and note that the client's recording exists. Two competing recordings, two AI bots and a handwritten note create three versions of the same conversation. That is not a stronger record. It is a reconciliation exercise waiting to happen.

The firm's record should be stored in the approved matter management system, not on a personal phone, a desktop or a private cloud account. Access should be limited to those who need it. Retention should follow the firm's retention policy for the matter, not the default settings of a third-party app. Where a client asks for a copy, the firm should consider confidentiality, third-party information and any privilege issues before responding.

A short script before the meeting starts

Consent works best when it is specific, recorded and easy to understand. The following script can be adapted to the meeting format and read at the start of the session:

'Before we begin, I would like to confirm how we are keeping a record today. This meeting may be recorded and transcribed by the firm using [approved tool] for our matter file. Do you consent to that? If you would prefer not to be recorded, I will take a written note instead. If you wish to record the meeting yourself, please tell me now so that we can note it and ask for a copy. Please also say if you want any part of the discussion treated as off the record.'

The script does three things. It identifies the purpose, asks for consent and offers an alternative. It also gives the client a chance to raise their own recording. The response should be noted in the file, not just remembered.

Who keeps the recording

The firm should be the custodian of the authoritative recording. Advisers should not use personal devices. AI notetakers should be approved in advance, configured to store data in the firm's environment and used only where the client has consented. If the client records, the firm should note the fact, request a copy and confirm that the client's recording may not capture the firm's full advice or the discussion of any documents.

If consent is refused, the meeting can still proceed. The adviser should take a written note and, where appropriate, send a short follow-up summary to the client confirming the key points. That summary becomes the firm's record. It should be clear, neutral and limited to the advice given and the actions agreed.

When consent changes mid-meeting

Consent is not a one-off switch. A client may ask for the recording to stop. The adviser should pause the recording, confirm the request and note the time. The unrecorded portion should be covered by a written note. If a third party joins unexpectedly, the adviser should either obtain their consent or ask them to leave the recorded discussion. Side conversations should not be left on the transcript by accident.

The file note template

A short file note should sit alongside the recording or transcript. It need not be elaborate. It should record:

• date, time and duration of the meeting;
• attendees and any third parties;
• meeting format, whether in person, telephone or video;
• whether the meeting was recorded or transcribed, and by whom;
• the consent position, including any refusal or withdrawal;
• the tool used and where the record is stored;
• the key points discussed, decisions made and advice given;
• actions agreed and who owns them;
• any limitations, such as an unchecked transcript or an incomplete recording.

The note should be written promptly. A transcript is not a substitute for the adviser's own summary, particularly where the advice was nuanced or the client was anxious. The file note is the adviser's account; the recording is the underlying material.

Making the protocol stick

The protocol should be reflected in the engagement letter, the meeting invitation and the firm's training. It should be reviewed when a new transcription tool is introduced or when the firm changes its matter management system. A one-page guide at reception or in the video meeting waiting room can help clients understand what will happen.

The aim is not to make every meeting feel like a formal hearing. It is to ensure that when a client says 'I did not agree to that' or a regulator asks what was said, the firm can point to a clear consent position, a single record and a note that explains the context. That is the practical standard for 2026: capture less by accident, record more by design.