NYSBA recommends client disclosure of AI use as the default and publishes a sample engagement-letter clause.

The New York State Bar Association Task Force on Artificial Intelligence issued its Report and Recommendations on April 6, 2024, adopted by the House of Delegates the same day. Two operational additions to the ABA Opinion 512 baseline matter for New York-domiciled firms and any matter involving New York-licensed attorneys.

First, disclosure of AI use as the default. NYSBA advises lawyers to disclose to clients when AI tools are employed in their cases — the most disclosure-forward stance among state-bar guidance documents to date. The Task Force states: "The report advises lawyers to disclose to clients when AI tools are employed in their cases. Under the Rules of Professional Conduct, attorneys also have an obligation to make sure that paralegals and other employees are handling AI properly." [S09] The rule operates as a higher floor than the ABA Op. 512 baseline, which treats client disclosure as situational. New York firms should treat client disclosure of AI use as the operational default in every AI-material matter.

Second, the sample engagement-letter clause and Rule 1.5 surcharge-disclosure rule. NYSBA published a sample clause naming generative-AI use for legal research and drafting and a parallel rule on AI surcharges above actual cost. The Task Force states: "Use of Generative AI: While representing you, we may use generative AI tools and technology to assist in legal research, document drafting and other legal tasks. ... If [AI] would make legal work on behalf of a client substantially more efficient and the lawyer adds a surcharge (i.e., an amount above actual cost) when using specific AI, then the lawyer should clearly state such charges in a client engagement letter." [S10] The rule operationalizes Rule 1.5 of the New York Rules of Professional Conduct: any AI surcharge above actual cost must be named in writing in the engagement letter, not deferred to the invoice.