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New York bill preserves attorney-client privilege when using artificial intelligence and requires client authorization

Original title: Relates to the use of artificial intelligence and attorney-client privilege and work product

Last action · September 16, 2026: REFERRED TO JUDICIARYSponsor: Clyde Vanel

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

New York legislation protects confidential legal communications and work product from losing their privileged status solely because they are processed, stored, or facilitated through artificial intelligence technology. Attorneys must obtain a signed and notarized client authorization form detailing AI risks before using such technology, and mandatory human review is required.

Why it matters

The measure establishes clear legal rules for how law firms handle confidential client documents using AI software without forfeiting confidentiality protections, while shifting liability for AI errors onto attorneys rather than clients.

Background
  • Assembly member Clyde Vanel introduced the legislation during the 2025-2026 legislative session in New York. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

attorneys

Attorneys must obtain signed and notarized client consent, disclose specific AI risks, and ensure human review before utilizing artificial intelligence in legal work.

Directly affected

clients

Clients retain their privilege protections when AI is used and are shielded from liability for AI-related errors.

Directly affected

pro se litigants

Pro se litigants are exempt from signing authorization forms while retaining presumptive privilege protections.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Does using artificial intelligence cause legal documents to lose attorney-client privilege in New York?
No. Under the proposed law, confidential communications and work product do not lose their privileged status solely because they are processed, stored, or facilitated through artificial intelligence technology.
What must an attorney do before using artificial intelligence for a client?
The attorney must provide the client with a form to be signed and notarized that authorizes the use of AI and explains its risks, including hallucinated content or poor legal strategy.
Are clients held liable for mistakes made by an attorney's use of artificial intelligence?
No, clients are not responsible for errors stemming from an attorney's use of AI, unless the attorney is acting pro se.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

1 action
  1. Sep 16, 2026HouseCommittee
    REFERRED TO JUDICIARY

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Codification of AI in Legal Privilege

The bill explicitly integrates modern artificial intelligence technologies into traditional evidentiary statutes like civil practice law and rules.

Connected Entities

Clyde Vanel
PersonClyde Vanel“Assembly member sponsoring the bill”Map →

Sources

Open source document

www.nysenate.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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