Tendency To Record

In fiduciary litigation, one party may try to tape record a phone call to an other. Legality depends upon which state law both the caller and the receiver are talking from. For example, practice illegal in Maryland [recall Monica Samille Lewinsky being taped in mid-1990's?] and in Virginia the law follows:

An individual can record or disclose wire, oral, or electronic communications to which he is a party, or if one party to the communication consents. Otherwise, it is a felony. 
Criminal Penalties

Va. Code Ann. § 19.2-62 provides for criminal penalties for violating the law include imprisonment for one to five years.

Civil Liability 

$100 per day of violation or $1,000, whichever is greater. Va. Code Ann. § 19.2-69. 

Punitive damages, attorney fees, and litigation costs can be recovered under Va. Code Ann. § 19.2-69.