Regulation Tracker / United States (state)
New York City Bar Formal Opinion 2025-6: Ethical Issues Affecting Use of AI to Record, Transcribe, and Summarize Conversations with Clients
New York City Bar Association Committee on Professional Ethics · New York
last revised 2025-12-22last verified 2026-09-041 versioncountry page →
country page →Ethics opinionIn forceClient consentConfidentialityVerification dutyCompetenceSupervision
map categories:Bar guidance on generative AIClient data in AI toolsClient consent and transparencyDuty to verify AI output
Formal Opinion 2025-6 addresses AI note-takers and transcription tools used in client communications. Clients must be notified and consent obtained whenever an AI-empowered system records their calls; lawyers must independently review AI transcripts and summaries, understand the tools' technical limits under Rule 1.1, and manage privilege and discovery risks in stored records.
- Applies to
- lawyers, firms
- Effective
- See version history
- Current version
- Original · 22 Dec 2025
- Last verified
- 04 Sept 2026
- Official text
- www.nycbar.org/reports/formal-opinion-2025-6/
What the document requires
- Clients must be notified and their consent obtained whenever calls are recorded by an AI-empowered system
- Lawyers must independently verify the accuracy of AI-generated transcripts and summaries rather than relying on them unreviewed
- Attorneys must safeguard AI-generated records and consider privilege, storage and discovery implications
- Rule 1.1 competence requires understanding the technical features and limits of the AI tools used by the lawyer and by clients
- Where clients use their own AI tools, retainers should disclaim reliance on unreviewed summaries and warn of confidentiality risks
- Firms must train subordinates on ethical duties for AI in client communications
Version history
| Version | Date | What changed | Source |
|---|---|---|---|
| Originalcurrent | 2025-12-22 | Initial publication | official |
Sources
Cite this record
SafeLegalAI Legal AI Regulation Tracker, "New York City Bar Formal Opinion 2025-6: Ethical Issues Affecting Use of AI to Record, Transcribe, and Summarize Conversations with Clients" (New York City Bar Association Committee on Professional Ethics, Original, 2025-12-22), safelegalai.com/regulation/us-state/us-nyc-bar-formal-opinion-2025-6 (accessed 2026-10-07). Data: CC BY 4.0.
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