Lawyers' duty of competence now includes a component not widely discussed until recently—the use of artificial intelligence (AI) tools in the practice of law. The New York City Bar Association Committee on Professional Ethics (the Committee), recently issued Formal Opinion 2024-5 to give explicit guidance to New York lawyers on the ethical implications of using AI tools in the context of their law practice. Although the opinion is quite short, we summarize it here in order to highlight both its existence, and the central elements of its guidance. Readers interested in reviewing the whole Opinion, which is extensively footnoted, may find it at the following link: https://www.nycbar.org/reports/formal-opinion-2024-5-generative-ai-in-the-practice-of-law/.

The Opinion identifies and explains the ways in which the New York Rules of Professional Conduct (the RPCs) apply to the use of AI in law practice. In particular, the Opinion addresses the application of RPCs governing the duties of confidentiality (Rule 1.6), competence and diligence (Rules 1.1 and 1.3), to avoid conflicts of interest (Rules 1.7-1.12), to comply with the law (Rule 8.4), of supervision—both the duty of supervisors and subordinate lawyers and staff (Rules 5.1, 5.2 and 5.3), to consult with clients (Rules 1.2 and 1.4), candor to tribunals (Rule 3.1), as well as the prohibition on making non-meritorious claims and contentions, the limitations on what a lawyer may charge for fees and costs (Rule 1.5), and the prohibition on discrimination (Rule 8.4), when lawyers use AI tools.