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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 →

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

VersionDateWhat changedSource
Originalcurrent2025-12-22Initial publicationofficial

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 2026-09-04). Data: CC BY 4.0.

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