A small bot joins a video call, announces that it is recording and begins producing a transcript and summary. For a sales meeting, that may be harmless. For a conversation between a lawyer and a client, it raises several questions at once, about confidentiality, about privilege and about where the recording ends up.
AI meeting assistants are now built into mainstream conferencing tools and are also offered as independent apps that attendees can invite on their own. Law firms need a position on them before a client or an associate decides for you.
Why the Stakes Are Different in Legal Work
Lawyer-client communications are often confidential, and many are privileged. Whether a particular tool could affect privilege is a legal question that depends on facts and jurisdiction. The prudent approach is to understand the risk and avoid creating it unnecessarily. ABA Formal Opinion 512, on generative AI, discusses confidentiality in connection with entering client information into AI tools, noting the need to understand how a tool handles data and, in some cases, to obtain informed client consent.
Questions to Ask About Any Note-Taking Tool
Where do recordings and transcripts go?
Find out where audio and text are stored, who at the vendor can access them, how long they are retained and whether you can delete them.
Is the content used to train models?
Some tools use customer content to improve their systems unless this is disabled. Business plans often offer stronger commitments than free ones. Get the answer in writing.
Who controls the account?
A tool tied to an attorney's personal account sits outside firm oversight. A firm-managed account lets you apply retention, access and sharing rules.
Who else receives the summary?
Many tools automatically email summaries to all attendees or sync them to other apps. That may include outside participants or personal accounts.
What is the accuracy risk?
Transcripts and summaries can contain errors. A flawed summary, saved in the file, can mislead later. Treat summaries as drafts, not records.
Consent and Notice Considerations
Recording laws vary. Some jurisdictions require the consent of one party, others of all parties. Even where legal, recording a client without clear notice may harm trust. Many firms adopt a rule that no AI recording occurs on client or privileged calls without explicit approval from the supervising lawyer and notice to all participants. Confirm local requirements with ethics counsel.
A Practical Policy Outline
- Default position: No AI notetaker may be used on privileged or client-confidential calls unless it is a firm-approved tool.
- Approved tools only: List which tools, on which account types, with which settings.
- Disable auto-join bots in conferencing settings so outside tools cannot be invited silently.
- Notice: Tell participants when a recording or AI summary is in use.
- Storage: Save approved summaries to the matter file and delete tool-side copies according to retention rules.
- Review: A lawyer reviews any AI-generated summary before relying on it.
- Outside participants: If a client or opposing party brings their own tool, you may ask them to remove it, and you should decide in advance how to respond.
Technical Controls
- Configure your conferencing platform to restrict third-party bots and require host approval for participants.
- Limit which AI apps can connect to firm accounts, using admin consent settings in Microsoft 365.
- Review integrations periodically for tools that were added without approval.
Do Not Forget Your Own Staff
Associates and paralegals may adopt these tools to save time. A short, non-punitive conversation about the policy, with an approved alternative where possible, works better than a prohibition that people quietly ignore.
Keep Watching the Rules
Guidance on AI use by lawyers is developing, and state bars are issuing their own views. Revisit your policy as the guidance evolves. This post is general information and not legal advice.
How Counsel Cyber Helps
Counsel Cyber helps firms configure conferencing and Microsoft 365 controls, evaluate AI vendors and draft usage policies. If you would like a second set of eyes on your firm's AI settings, we can help.