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NYC Bar Issues 2025-6 Ethics Opinion Mandating Client Consent for AI Notetakers

Published
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15

Why it matters

The New York City Bar Association issued Formal Opinion 2025-6 establishing that attorneys must obtain informed client consent before using AI tools to record, transcribe, or summarize client conversations. While recording itself is not prohibited, secretly activating an AI notetaker violates ethical duties of candor and honesty. A July 2026 update to the guidance incorporated NYC Opinion 1270, which permits lawyers to prohibit clients from making audio or video recordings in engagement letters under specific conditions.

The opinion invokes Rule 1.1, requiring lawyers to independently review AI-generated transcripts for accuracy and understand the security features of any tools deployed. The core ethical violation centers on deceptive practice—the undisclosed recording itself—rather than AI use as a category. The guidance evolved from rapid adoption of AI notetakers in legal workflows, which created ambiguity around existing recording consent rules.

Attorneys should treat this as a compliance baseline for engagement letters and client intake procedures. Any firm using AI transcription or notetaking software must disclose the practice explicitly and obtain written consent. Staff training should emphasize independent verification of AI output and vetting of vendor security protocols. The July 2026 update signals that regulators view AI integration in client-facing work as settled enough to codify—meaning enforcement risk is real for firms that have not yet addressed the issue.

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