The New York City Bar Association (NYCBA) has issued Formal Opinion 2025-6, addressing the ethical implications for attorneys using artificial intelligence (AI) tools to record, transcribe, and summarize conversations with clients. This guidance emphasizes the necessity for attorneys to obtain client consent prior to recording and to carefully consider the potential risks to confidentiality and privilege associated with such recordings.
While New York law permits one-party consent for recording conversations, the NYCBA underscores that ethical standards for attorneys impose stricter requirements. The opinion highlights that undisclosed recording by attorneys may be deemed deceptive under Rule 8.4 of the New York Rules of Professional Conduct, which prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. Therefore, attorneys are advised to inform clients and secure their consent before recording any communications. Additionally, attorneys should assess whether recording serves the client’s interests, considering the potential risks to confidentiality and privilege. They are also encouraged to independently review any AI-generated transcripts or summaries for accuracy before preservation, as these materials may be relied upon in the future, and informal advice may take on greater weight once documented in writing. ([nycbar.org](https://www.nycbar.org/reports/formal-opinion-2025-6-ethical-issues-affecting-use-of-ai-to-record-transcribe-and-summarize-conversations-with-clients/?back=1&utm_source=openai))
In situations where clients wish to record conversations with their attorneys, the NYCBA recommends that attorneys advise clients of the potential disadvantages of doing so. This includes discussing the risks to confidentiality and privilege that may arise from such recordings. ([nycbar.org](https://www.nycbar.org/reports/formal-opinion-2025-6-ethical-issues-affecting-use-of-ai-to-record-transcribe-and-summarize-conversations-with-clients/?back=1&utm_source=openai))
These guidelines align with previous opinions from the New York State Bar Association (NYSBA). For instance, Ethics Opinion 1270 permits attorneys to include clauses in engagement letters or retainer agreements that prohibit clients from recording communications without consent. However, such agreements must not mislead clients regarding the circumstances under which the attorney may withdraw from representation, nor should they serve as irrevocable advance consent to withdrawal if the client violates the prohibition. ([nysba.org](https://nysba.org/ethics-opinion-1270-engagement-letters-recording-attorney-client-communications-withdrawing-from-employment-advance-consent-to-withdrawal/?utm_source=openai))
Furthermore, the NYSBA has addressed the issue of attorneys advising clients on recording conversations without notice to the other party. In Opinion 515, the association concluded that a lawyer may counsel a client about recording a conversation without notice to the other party where one-party recording is lawful, distinguishing advising the client from the lawyer secretly recording, which earlier opinions had treated as improper. ([nysba.org](https://nysba.org/opinion-515/?utm_source=openai))
In summary, while New York law allows one-party consent for recording conversations, attorneys are held to higher ethical standards. The NYCBA’s Formal Opinion 2025-6 advises attorneys to obtain client consent before recording communications, carefully consider the potential risks to confidentiality and privilege, and ensure the accuracy of any AI-generated transcripts or summaries. Additionally, attorneys should counsel clients on the potential disadvantages of recording conversations, emphasizing the importance of maintaining confidentiality and privilege in the attorney-client relationship.