AI note-takers promise relief from one of the most tedious tasks in practice: writing up calls and meetings. Join a video call, and a bot records, transcribes and summarizes it. For lawyers, however, a recording is not only a convenience. It is a new copy of a confidential conversation, stored on someone else's servers, possibly processed by a model, and sometimes shared automatically with participants. Before your firm adopts one, there are several questions worth answering.
This is general information, not legal advice. ABA Formal Opinion 512 on generative AI discusses confidentiality, supervision and communication duties, and your state bar and local recording laws may add specific requirements.
Why these tools are different
Chatbots receive what you type. Meeting assistants receive everything said, including side comments, strategy, medical details and settlement positions, and they often join automatically through a calendar integration. A single misconfigured setting can send a summary to every attendee, including opposing counsel on a shared call, or store transcripts in an account the firm does not control.
Ten questions to ask the vendor
- Where are recordings and transcripts stored, and for how long? Can you set retention and delete on demand?
- Are recordings used to train models? Look for clear contractual language, and check that the setting applies to your plan.
- Who at the vendor can access content? Ask about support access and subcontractors.
- How is data encrypted in transit and at rest?
- Does it support single sign-on and multi-factor authentication so access is tied to firm accounts?
- What audit logs are available for who viewed, shared or exported a transcript?
- Can administrators control the bot's behavior, such as restricting who can invite it and which meetings it may join?
- What happens if the vendor is breached, and how are customers notified?
- Where is data processed, and which other AI providers does the vendor use behind the scenes?
- What are the export and deletion terms if you cancel?
Document the answers. They form part of the firm's vendor due diligence, which supports its duties of supervision under Rules 5.1 and 5.3.
Consent and recording laws
Recording laws vary by state. Some require consent of all parties, while others allow recording with the consent of one party. Do not assume. For calls that cross state lines, the stricter rule may apply in practice. Best practice is to tell everyone at the start of a call that it is being recorded and transcribed, and to get agreement. For clients, address it in the engagement letter, so they understand what is happening and can object.
Privilege and discoverability
Consider what you are creating. A transcript of a privileged strategy discussion is still sensitive, and a recording with an AI summary becomes another document that could be requested, leaked or mishandled. Consider these safeguards:
- Do not use AI note-takers on privileged calls unless the tool has been approved for that purpose.
- Keep recordings inside the matter workspace, not in a personal account.
- Limit who can access summaries.
- Decide in advance whether the firm wants to retain recordings at all, or only the lawyer's own notes.
- Apply litigation holds to transcripts as you would to other records.
Third-party bots on your calls
Clients and counterparties may bring their own AI note-takers into meetings with you. Decide your policy. You can configure your meeting platform to require approval for external bots or to block them for sensitive calls. Ask at the start of meetings whether anyone is recording, and know what to do if a bot joins uninvited.
Accuracy and review
Transcripts contain errors, especially with names, accents, legal terms and crosstalk. Summaries may drop caveats or misattribute statements. Treat AI notes as a draft that the attorney reviews, and never as the official record of advice given.
Policy elements to add
- Approved tools and the account types allowed
- Meeting types where recording is permitted or prohibited
- Required consent language
- Storage location and retention period
- Who may share transcripts, and with whom
- Review requirements before notes enter the file
Options short of a full ban
If the concern is real but the benefit is attractive, consider a pilot. Choose one approved tool with an enterprise agreement, limit it to low-risk internal meetings, collect feedback and review the settings with your IT provider before expanding. Some features inside platforms you already license may be easier to govern than a new standalone vendor.
Counsel Cyber helps law firms evaluate AI tools against confidentiality requirements, configure meeting platforms and draft the policy language. If you are considering an AI note-taker, we can help you work through the questions above.