N.Y.Ethics opinion
NYC Bar ethics committee says lawyers should not use AI to record calls with non-clients by default
The New York City Bar Association's Committee on Professional Ethics issued Formal Opinion 2026-2 on August 5, 2026, on AI tools that record, transcribe and summarize lawyers' conversations with people who are not clients. It concludes the default should be not to use them absent a good reason, that lawyers must disclose an intended recording and obtain every participant's permission, and that surreptitious recording is barred.
Opinion (New York City Bar Association) →
Key points
- Attorneys must disclose an intention to record a conversation and obtain permission from all participants, the opinion says.New York City Bar AssociationNew York City Bar Association
- It says attorneys must not surreptitiously record conversations, citing their duties under Rule 8.4.New York City Bar Association
- Competence under Rule 1.1 requires understanding how the tools record, transcribe and summarize, and how that information is stored and shared.New York City Bar Association
- The opinion also cites Rules 1.18, 3.4, 4.2 and 4.3, and says lawyers may need to review transcripts and summaries for accuracy.New York City Bar Association
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Ethics opinionN.Y.NYC Bar Formal Opinion 2026-2Professional responsibilityTechnologyFor practitionersFor governanceFor vendors