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When the Client Brings the AI
The NYC Bar’s Formal Opinion 2025-6 addresses what happens when clients use their own AI tools to record and transcribe conversations with their lawyers. Read alongside Heppner, the opinion establishes one clear duty (warning clients of AI-related privilege risks) and suggests two further responses (providing privilege-preserving alternatives and redesigning communication channels) that the rules do not yet require but that the foreseeability shift Heppner introduces makes worth taking seriously.
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You Probably Have a Duty to Warn Your Clients About ChatGPT
Heppner established that consumer AI conversations are not privileged. But the case also raises an uncomfortable question for practicing lawyers: if a known hazard to the privilege now exists, do you have a duty to warn your clients about it? The answer, under existing ethics rules, is almost certainly yes.
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