1. All employees and agents of the Travis County District Attorney’s Office are prohibited from listening to or recording privileged communications between lawyers and/or their representatives and a client held in custody. In the event any employee, agent or representative of the Travis County District Attorney’s Office becomes aware of a communication between a lawyer or their representative and his client that has been recorded, the District Attorney employee shall immediately stop listening to the recording and immediately inform their direct supervisor, a Division Director, the First Assistant or the District Attorney. The attorney for the client shall be immediately informed of the recording.
  2. This policy applies to any and all communications between lawyers or their representatives and their clients, including telephone calls, video conferences, video visitations, in person visitations and written communications.
  3. This policy does not apply to cases where the prosecutor’s office or any law enforcement agency has obtained a valid warrant to monitor communications. This policy does not apply where the client has waived the privilege in writing.