Lawyers and AI note-takers: confidentiality questions to settle first
Model Rule 1.6 asks lawyers to make reasonable efforts to prevent unauthorized disclosure of client information. Before an AI tool joins a client call, check where the audio goes and who can read it.
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Key takeaways
- Model Rule 1.6(c) requires reasonable efforts to prevent unauthorized disclosure of client information.
- ABA Formal Opinion 512 (2024) addresses generative AI and calls for informed consent before client information goes into self-learning tools.
- Vet training use, vendor access, retention and auto-join before a note-taker joins client calls.
- Your state’s rules control; the Model Rules are a starting point.
The rule that frames the decision
ABA Model Rule 1.6 covers information relating to the representation of a client. Paragraph (c) asks lawyers to make reasonable efforts to prevent its inadvertent or unauthorized disclosure. A note-taker that records a client call creates a new copy of that information on someone else’s servers, so the question is whether using it is a reasonable effort.
In 2024 the ABA issued Formal Opinion 512 on generative AI tools. Among other duties, it discusses confidentiality and says informed client consent is needed before information relating to the representation is input into a self-learning tool.
Questions to settle before a client call
| Question | Why it matters |
|---|---|
| Does the vendor use customer data to train models? | Self-learning tools raise the consent question discussed in Formal Opinion 512 |
| Who at the vendor can access recordings? | Support access is a disclosure path you need to understand |
| Can the firm set retention and delete on request? | Limits how long client information sits outside your systems |
| Does the tool join automatically from calendars? | Auto-join can bring it into calls nobody vetted |
State bar rules and ethics opinions vary. Check your jurisdiction’s version of Rule 1.6 and any state guidance on AI tools.
Frequently asked questions
Can I use an AI note-taker on client calls at all?
Often yes, if you have vetted the tool and, where needed, obtained informed consent. The Model Rules ask for reasonable efforts, not a ban on technology.
Does privilege survive if a vendor stores the recording?
Privilege questions depend on jurisdiction and facts. Treat vendor storage as a confidentiality risk to manage, and ask your firm’s ethics counsel about privilege specifically.
