New York

New York State Bar Association

Guidance Issued

Ethics Opinions & Guidance

NYSBA Ethics Opinion 1253

Ethical Obligations of Attorneys Using Generative AI

2024

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

Read full opinion

Key Requirements for AI Use

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

Important Notes

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