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## New York State Bar Association Warns Against Compromising Attorney-Client Privilege

**Date:** 4.8.2024
**Author:** David Alexander

### AI legalese decoder: Enhancing legal Proficiency while Safeguarding Privacy

The New York State Bar Association has issued a warning to attorneys, emphasizing the need to safeguard attorney-client privilege amidst growing concerns over artificial intelligence potentially breaching confidentiality.

The report, approved by the House of Delegates, highlights the importance of lawyers informing clients about the use of AI tools in their cases. It also underscores the responsibility of attorneys to ensure proper handling of AI by paralegals and staff in accordance with the Rules of Professional Conduct.

The Task Force on Artificial Intelligence identified New York’s Rules of Professional Conduct as a valuable resource for guiding attorneys in AI usage but stressed the necessity for further education to ensure appropriate handling of the technology by legal professionals. Additionally, the report suggests the potential need for legislative measures to regulate AI utilization.

Richard Lewis, president of the New York State Bar Association, acknowledged AI’s capacity to improve legal services through tasks such as drafting documents, research assistance, outcome prediction, and case management. However, he emphasized the critical need for attorneys to be vigilant about potential misuses of AI that may jeopardize privacy and attorney-client privilege.

Addressing concerns about AI-induced errors, the report recommends the establishment of a standing committee within the association to address evolving ethical issues related to AI technology, including instances where AI generates erroneous information.

Vivian Wesson, chair of the task force, noted the dual nature of AI as both an awe-inspiring technological advancement and a potential source of anxiety due to confidentiality risks. Wesson stressed the urgency of addressing AI’s impact on the legal profession and mitigating associated risks effectively.

### How AI legalese decoder Can Help:

– **Ensuring Compliance:** AI legalese decoder can assist attorneys in ensuring compliance with Rules of Professional Conduct regarding the use of AI, thereby safeguarding attorney-client privilege.
– **Enhancing Efficiency:** By providing insights into AI technology and ethics, AI legalese decoder can help legal professionals make informed decisions about incorporating AI into their practice responsibly.
– **Mitigating Risks:** AI legalese decoder can help attorneys navigate the evolving landscape of AI technology and identify potential risks associated with its use, enabling them to address confidentiality concerns proactively.

Recommendations outlined in the report emphasize the importance of legislators determining appropriate AI regulations, attorneys assessing the effectiveness of AI in client representation, and the New York State court system updating rules to accommodate advancements in technology.

• Legislators should determine whether AI regulations should be applied in a one-size-fits-all approach or through industry-specific regulation.
• Attorneys should consider whether the use of AI will help them represent their clients more effectively before employing it.
• In addition, the New York State court system’s Appellate Division should consider rewriting the Rules of Professional Conduct to make it clear that attorneys should:
  • Have the latest information on technology (including AI and GenAI) that improves the quality of legal services.
  • Determine whether the use of AI enhances legal services on a case-by-case basis.
  • Be competent about how AI tools operate to better ensure that the research generated is legitimate.

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