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NYC Bar says lawyers should usually avoid AI recording of non-client conversations

The New York City Bar’s Formal Opinion 2026-2 addresses AI tools that record, transcribe, and summarize calls with non-clients, including co-counsel, prospective clients, opposing counsel, witnesses, and investigators. It says lawyers should obtain consent before recording and should understand how recordings, transcripts, and summaries are stored and shared. The opinion’s default recommendation: do not record unless there is a good reason.

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