---
title: "Using generative AI in New York legal practice: ethics checklist"
url: "https://ailawframework.com/precedents/ai-decision-systems/us-ny-genai-ethics-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a45-us-ny-genai-ethics-checklist"
area_id: "A45"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-11-08"
---

# Using generative AI in New York legal practice: ethics checklist

> New York checklist on lawyers' use of generative AI, built from 22 NYCRR Part 161 and NYC Bar Opinion 2024-5, with the NYSBA Guidelines (2026) and other City and County bar opinions as recorded in this library's New…

Canonical page: https://ailawframework.com/precedents/ai-decision-systems/us-ny-genai-ethics-checklist  
Law stated as at: 2026-11-08

Site index for agents: https://ailawframework.com/llms.txt

New York checklist on lawyers' use of generative AI, built from 22 NYCRR Part 161 and NYC Bar Opinion 2024-5, with the NYSBA Guidelines (2026) and other City and County bar opinions as recorded in this library's New York record: competence, confidentiality, fees, clients and court papers.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [AI decision systems](https://ailawframework.com/precedents/ai-decision-systems.md)
- Jurisdictions: United States, New York
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-11-08
- Status: Maintained. Checked on 2026-11-08 against the 6 authorities it cites, for United States and New York.

## When to use it

Use when a firm or lawyer practising in New York sets up, audits or refreshes its use of generative AI, or trains new staff. Pair it with the firm AI use policy and the AI tool approval record in this library.

## How AI may be used

A tool may list the firm's AI tools and match them to each point; a lawyer confirms the New York sources are current, decides whether each point is met and signs off.

**AI may:**

- List the firm's AI tools and the matters they are used on, from the firm's own register
- Match each tool to the checklist points and flag points with no control
- Draft staff reminders that quote the named New York sources accurately

**AI must not:**

- Must not mark a point as met, a source as current or a citation as checked
- Must not decide whether a tool's terms protect confidential client information
- Must not add duties that the named sources do not state
- Must not treat this checklist as a substitute for the named sources or for a later opinion, rule or order

**The lawyer checks:**

- The current version of each named New York source has been confirmed
- The forum's local rules, standing orders and the assigned judge's orders have been checked for AI requirements
- Federal court rules and orders have been checked separately for any federal matter
- Each AI tool's terms of use and privacy policy have been read for access to inputs, retention and training use

## Authorities

- [New York State Bar Association, Legal Ethics Guidelines for Lawyers' Use of Artificial Intelligence (approved by the House of Delegates, October 2026)](https://nysba.org/wp-content/uploads/2026/10/APPROVED-REPORT-AIETC-Ethics-Guidelines-2026-10-23-11AM-V7-FINAL-with-comments.pdf)
- [22 NYCRR Part 161: Use of Artificial Intelligence Technology (Rules of the Chief Administrator, effective 1 June 2026)](https://www.nycourts.gov/rules/part-161-use-artificial-intelligence-technology)
- [New York State Unified Court System, The Risks of Using Artificial Intelligence in Preparing Court Papers: What Every Attorney Should Know (guide, October 2026)](https://webfiles.nycourts.gov/public/2026-10/guidance-document-for-attorneys.pdf)
- [New York City Bar Association, Formal Opinion 2024-5: Generative AI in the Practice of Law (7 August 2024)](https://www.nycbar.org/reports/formal-opinion-2024-5-generative-ai-in-the-practice-of-law/)
- [New York City Bar Association, Formal Opinion 2025-6: Ethical Issues Affecting Use of AI to Record, Transcribe, and Summarize Conversations with Clients](https://www.nycbar.org/reports/formal-opinion-2025-6-ethical-issues-affecting-use-of-ai-to-record-transcribe-and-summarize-conversations-with-clients/)
- [New York County Lawyers' Association, Ethics Opinion 755-2026: Basic Ethical Obligations and Recommendations for Solo and Small-firm Practitioners Concerning Generative AI](https://www.nycla.org/resource/ethics-opinion/nycla-op-755-2026-basic-ethical-obligations-all-lawyers-and-recommendations-for-solo-and-small-firm-practitioners-concerning-the-use-of-generative-artificial-intelligence/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/ai-decision-systems/us-ny-genai-ethics-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*