Source: New York State Bar Association

The New York State Bar Association (NYSBA) has issued a cautionary notice to its members regarding the use of artificial intelligence tools during client meetings. The guidance highlights the potential ethical pitfalls associated with using third-party AI applications for tasks such as transcription, summarization, or note-taking. A primary concern is the duty of confidentiality, as transmitting client communications to an external AI service could risk waiving attorney-client privilege and exposing sensitive information.

The NYSBA advises lawyers to conduct thorough due diligence on any AI vendor before using their services, paying close attention to the company's data privacy and security policies. Attorneys must understand where the data is stored, who has access to it, and how it is used by the AI provider. Furthermore, the guidance stresses the importance of obtaining informed consent from clients before using any AI tool to record or process their conversations. The notice serves as a critical reminder that while AI can offer efficiency benefits, lawyers' fundamental ethical obligations to protect client confidentiality and data security remain paramount.