What's happening
This bill ensures attorney-client privilege is maintained when using artificial intelligence in legal work, with required client consent and risk disclosures.
Why it matters
Ensures attorney-client privilege remains intact when AI is used. The bill clarifies that legal communications and work product do not lose their protected status just because artificial intelligence tools (including third-party or private systems) are used to process, store, or facilitate them, as long as these tools are used for legitimate legal purposes.
Mandates informed client consent and risk disclosure. Attorneys must provide clients with a notarized authorization form before using AI, which must clearly outline risks such as hallucinated or inaccurate case law, incomplete review, and the potential for poor legal strategy stemming from AI use. This gives clients a more transparent role in deciding whether their legal matters involve AI.
Protects clients from attorney errors related to AI use. The bill states that clients cannot be held responsible for mistakes attorneys make when using AI, reinforcing professional accountability and ensuring clients are not penalized for technical errors outside their control.
Requires human review of AI outputs and safeguards malpractice claims. Attorneys are prohibited from relying solely on AI without human oversight; any waiver of human review in the client consent form voids privilege and makes information discoverable. Additionally, clients retain the right to pursue malpractice or disciplinary action, even if they have consented to AI use, preserving their legal protections.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Attorneys and Law Firms
They are directly impacted by new requirements for client authorization and risk disclosure when using AI in legal work, as well as by clarifications on privilege protections.
Clients of Attorneys
Clients gain new rights and protections regarding the use of AI in their legal matters, including mandatory disclosure of risks, required consent, and protection from liability for attorney errors related to AI use.
Judiciary and Courts
Judges and court staff will need to interpret and enforce the new privilege protections and compliance requirements for AI use in legal practice.
Legal Technology Providers
Companies offering AI tools for legal research, drafting, or case management must ensure their products align with privilege and confidentiality requirements as defined by the new law.
Headline styles
Protect Lawyer-AI Privilege
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11723
IN ASSEMBLY
September 16, 2026
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Vanel) -read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the use of artificial intelligence and attorney-client privilege and work product
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 4552 to read as follows:
§ 4552. Attorney-client privilege and work product; artificial intelligence. (a) For purposes of sections forty-five hundred three, fortyfive hundred forty-eight of this article, and subdivisions (c) and (d) of section thirty-one hundred one of this chapter and any provisions of law or common law which may relate thereto, a communication or attorney work product otherwise protected by the attorney-client privilege or which otherwise shall not be obtainable by another party shall not lose its privileged or unobtainable character solely as a result of it being produced by, transmitted to, processed by, stored on, or otherwise facilitated through an artificial intelligence technology, as defined in subdivision one of section seventeen hundred of the general business law, including one operated by a third-party or on a private server, provided that such communication or work product was made in confidence for the purpose of rendering legal advice or strategy, or preparing, editing, validating, or otherwise assisting in the preparation of legal materials.
(b) Prior to utilizing artificial intelligence pursuant to subdivision (a) of this section an attorney shall provide each client a form to be signed and notarized authorizing such attorney to use such technology for such purposes.
(c) The form described in subdivision (a) of this section shall be effective on the date the client first engages with the attorney, regardless of the date such form is signed or notarized.
(d) Such form shall explain the risks of using artificial intelligence, which shall include the risk of:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16077-01-6
1. Hallucinated content or case law;
2. Inaccurate content or case law;
3. Unthorough review of content or case law; and
4. Poor, inadequate or ill-advised legal strategy or arguments.
(e) No client of an attorney shall be responsible for errors with respect to the use of artificial intelligence by an attorney, except where the attorney is the client representing themselves pro se.
(f) No client shall be barred from asserting legal malpractice, ineffective assistance of counsel, any disciplinary complaint, or any other related matter by authorizing the use of artificial intelligence under this section.
(g) The form required by this section shall not permit an attorney to use artificial intelligence technology to engage in such authorized purposes under this section without human review. Where such form contains such a provision, the form shall be deemed void ab initio, and all information produced by, transmitted to, processed by, stored on, or otherwise facilitated through such artificial intelligence technology with respect to the particular client shall lose its privileged character and shall be obtainable.
(h) Where a litigant is a pro se litigant, no form shall be required, and the protections provided by this section shall presumptively apply to such litigant.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.