Can lawyers use AI notetakers on client calls?

Not without the client's informed consent, and in some places the recording itself is unlawful without the consent of everyone on the call. Two sets of rules apply. Ethics opinions ask whether the lawyer protects client information and whether the client agreed to the tool. Recording statutes ask whether every party consented to the recording. An AI notetaker can fail either test, and a default setting is often what causes the failure.

New York requires the client's consent before AI records a call

The New York City Bar's Formal Opinion 2025-6 addresses AI that records and transcribes client conversations. It says clients must be told, and must consent, whenever a call is recorded by an AI-driven system ¹. This is the clearest ethics rule on notetakers in the sources we read.

Calls with non-clients default to no recording

A later opinion covers calls with people who are not clients, such as opposing counsel or witnesses. Formal Opinion 2026-2 sets the default at not recording: the default should be not to record without a good reason in a particular instance ². A lawyer who wants AI on a call with a non-client needs a reason and should document it.

Recording law is separate from the ethics rules

Ethics consent and recording consent are different duties. California's Penal Code 632 punishes a person who intentionally records a confidential communication without the consent of all parties ³. Florida's wiretap statute makes interception lawful when all of the parties have given prior consent ⁴. A notetaker that records a client call in one of these states can create liability even if the lawyer satisfied the ethics rules. For the full picture across states, see our guide on recording consent laws and the all-party consent entry.

Default settings are a common cause of unconsented recording

Notetakers often join calls on their own. A federal class action filed in August 2025 alleges that Otter.ai's Otter Notebook service, by default, does not ask meeting attendees for permission to record ⁵. These are allegations, and we found no ruling on them. They show why a lawyer should not assume a notetaker asks for consent just because the meeting is virtual. Check whether the tool joins automatically, and turn that off for client calls.

Other regulators expect a documented choice

Ethics regulators outside New York say similar things about consent. Texas says a lawyer who puts confidential information into a generative AI tool should consider telling clients about the risks, and may need their consent ⁶. Florida recommends obtaining the affected client's informed consent before using a third-party generative AI program that would expose confidential information ⁷. Florida's wording is a recommendation, not a flat rule, so read your state's opinion.

It depends: who is on the call and where

• A client call in an all-party consent state. Get everyone's consent before recording, and get the client's informed consent for the AI tool.
• A client call in New York. The City Bar requires the client's notice and consent before an AI system records.
• A call with a non-client. The default is not to record, so have a specific reason and record the decision.
• A call in a one-party consent state. Recording law may be easier to satisfy, but the ethics consent duty still applies.

What to do before an AI notetaker joins a client call

1. Turn off automatic joining. Stop any integration that lets the notetaker join without a participant's action.
2. Get consent on the record. At the start of the call, tell everyone that the call is being recorded and transcribed by an AI tool, and ask for consent.
3. Confirm where the transcript goes. Check retention, training and human review using the vendor questions in our guide on dictation for lawyers.
4. Do not record calls with non-clients by default. Decide each case and keep a note of the reason.
5. Keep the decision in the matter file. Save the consent and the settings, so you can show the choice was deliberate.

The related questions cover whether cloud dictation waives attorney-client privilege, what ABA Formal Opinion 512 says about AI tools and whether AI chatbot conversations are privileged. For the wider rules on where your voice goes, see our overview of voice privacy and security. For why recording laws differ by state, see the all-party consent entry.

This is general information, not legal advice. Check your state's recording law and ethics opinions before you record a client call.