New York

formal

New York City Bar Association Committee on Professional Ethics, Formal Opinion 2024-5 (Aug. 7, 2024)

Summary

New York has the most layered AI ethics landscape of any state. NYC Bar Formal Opinions 2024-5 (generative AI) and 2025-6 (AI recording/transcription), the NYSBA Task Force Report (April 2024), and binding Part 161 (effective June 1, 2026) requiring attorneys to certify no AI-fabricated content in court filings together establish a detailed standard. Pending S2698 would impose mandatory AI disclosure in civil filings.

Applicable ABA Model Rules

Rule 1.1
Rule 1.2
Rule 1.3
Rule 1.4
Rule 1.5
Rule 1.6
Rule 1.7
Rule 1.8
Rule 1.9
Rule 1.10
Rule 1.11
Rule 1.12
Rule 3.1
Rule 3.3
Rule 5.1
Rule 5.2
Rule 5.3
Rule 7.1
Rule 7.3
Rule 8.4

Carrier Implications

As of 2026, many carriers require affirmative disclosure of AI tool use in renewal underwriting; some impose absolute AI exclusions or AI-specific riders. NY DFS Circular Letter No. 7 (July 2024) signals regulatory attention to AI in the insurance market.

This summary is informational only. Verify the primary source before relying on this entry. Bar rules differ meaningfully by state. Consult a licensed attorney in your state.

New York’s AI landscape is driven by two bar bodies (NYSBA and NYC Bar) and the state court system. NYC Bar Formal Opinion 2024-5 (August 2024) requires lawyers to understand AI tool capabilities, vet vendor data practices before inputting client information, screen for conflicts, supervise AI use, and verify all AI-generated citations under Rule 3.3. NYC Bar Formal Opinion 2025-6 (December 2025) requires informed client consent before any AI recording, transcription, or summarization of client conversations and treats AI transcription services as third-party vendors under Rule 1.6. The April 2024 NYSBA Task Force Report adopted by the House of Delegates recommends AI disclosure in engagement letters, vendor vetting, written firm AI policies, and amending Comment 8 to Rule 1.1 to expressly include AI literacy.

22 NYCRR Part 161, adopted March 25, 2026 and effective June 1, 2026, is binding on all NY attorneys: by signing any paper filed with a court, an attorney certifies that the paper contains no fabricated or fictitious cases, statutes, or other AI-generated material. Disclosure of AI use is not required under Part 161. Many individual NY judges have adopted stricter part rules requiring disclosure.

Bottom line for a 5-50 attorney New York firm: The combination of NYC Bar Formal Opinion 2024-5, NYSBA Task Force guidelines, and Part 161 establishes a clear standard of care. Firms that cannot document vendor vetting, citation verification, supervision protocols, and (for any AI transcription) client consent are exposed on multiple rules today.

Last verified: April 23, 2026