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New York

Guidance Issuedstate

New York State Bar Association

Ethics Opinions & Guidance

Ethical Obligations of Attorneys Using Generative AI

NYSBA Ethics Opinion 1253 · 2024

2024

NYSBA issued guidance on attorneys' ethical obligations when using generative AI, including competence, confidentiality, supervision, and disclosure.

View full opinion

Key Requirements for Attorneys

1
Duty of competence — understand capabilities and limitations of AI tools used
2
Client confidentiality — obtain client consent or anonymize data before AI use
3
Supervision — review and verify all AI-generated work product
4
Disclosure — courts increasingly require disclosure of AI use in filings
5
Fee reasonableness — cannot charge clients for time saved through AI efficiencies

Additional Context

New York courts have issued standing orders requiring disclosure of AI use. The NYSBA Task Force on Artificial Intelligence monitors ongoing developments.

AI Tools Used in New York

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Harvey AI

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Lexis+ AI

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Everlaw

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Relativity

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Westlaw Edge

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Disclaimer: Jurisdiction guidance is based on publicly available bar opinions and regulatory statements. This information may not reflect the most current guidance. Always consult directly with your state or local bar association for authoritative advice on your ethical obligations. LexAI Hub is not a law firm and this content does not constitute legal advice.