NYSBA AI Task Force Report and Recommendation

Earlier this month, the New York State Bar Association’s Task Force on Artificial Intelligence published a Report and Recommendation to the NYSBA House of Delegates concerning attorneys’ responsibilities to their clients with respect to usage of AI technology. As law firms’ utilization of AI platforms increases, lawyers must remain vigilant in evaluating whether AI is appropriate on a case by case basis, communicating its usage to clients when appropriate, and ensuring that the technology actually provides value to the client when used. The NYSBA Report outlines the benefits, risks, and ethical implications of using AI in the legal profession, and provides guidance as to how AI tools interact with an attorney’s obligations under the Rules of Professional Conduct. Lawyers and clients alike should be mindful of how AI can play a role in the representation, and remain diligent in protecting privileged information and producing high quality work product.