New York State Bar Opinion 24-87: AI Compliance Patterns

NYSBA Opinion 24-87 (2025) addresses lawyer use of generative AI. This article catalogs implementation patterns for compliance.

The opinion

NY State Bar Association Opinion #24-87 (2025):

"The use of generative AI is consistent with a lawyer's obligation to provide competent representation, provided the lawyer (i) maintains the requisite competence in the use of such tools to perform the legal task at hand; (ii) verifies the accuracy of the AI's output, including through the lawyer's own legal research; and (iii) takes appropriate measures to safeguard client confidential information."

Source: https://nysba.org/wp-content/uploads/2025/01/Opinion-24-87-GAI-Use.pdf

Implementation patterns

Competence maintenance

Working patterns observed:

1. Annual training on AI capabilities
2. Internal certifications for AI tools
3. Audit logs of training time per lawyer

Verification

Working patterns:

1. Lawyer review of every citation against authoritative sources
2. Cross-check with secondary sources (Westlaw, Lexis, CAP)
3. Sample audits of AI-assisted filings

Confidentiality

Working patterns:

1. BAA-protected LLM endpoints
2. Self-hosted for most sensitive
3. Audit logs of every AI query
4. Vendor compliance review

Practical compliance workflow

For NY lawyers using AI:

1. Pre-use: vet vendor (BAA, audit access, retention)
2. Per-use: log query and response
3. Post-use: verify citations before any filed document
4. Per client: disclosure in engagement letter

Cross-jurisdictional considerations

For NY lawyers also practicing in:

• California: per CA bar 2024 guidance
• Florida: per FL bar 2024 opinion
• New Jersey: per NJ 2025 opinion
• Texas: TX Civ. Prac. & Rem. Code

Recommended disclosure language

NY pattern engagement letter:

"I may use AI-assisted tools during representation. These tools process client information per the security terms above. I verify all AI-generated outputs personally before relying on them."

Acknowledgments

This article summarizes public sources as of early 2026.

Dillon Deutsch has worked with NY firms on AI compliance. https://courtgpt.ai