Use humans, not AI, to take meeting notes, attorneys say
Courts have different views on whether AI created materials are discoverable, and lawyers are advising against using the technology for meeting notes. (Image from Shutterstock)
Increasingly, managers are using AI, rather than humans, to take meeting notes. That’s a terrible idea, according to lawyers.
Its two main problems are discovery-related, attorneys told the New York Times. Sharing meeting notes from an AI bot could void attorney-client privilege, and AI doesn’t have discretion; it transcribes jokes, inaccurate statements and offhand comments, all of which could end up in discovery, according to the article.
“You want to make sure that the minutes, if they get into a courtroom, are going to not only be accurate but also are going to have the emphasis that the board would like,” Doug Raymond, a partner at Faegre Drinker Biddle & Reath, told the New York Times.
In 2025 the New York City Bar Association issued a formal opinion that lawyers should consider if it’s prudent to use AI to record, transcribe and summarize, and they should advise clients on the potential disadvantages of using AI to do those tasks.
Additionally, the New York Times piece mentions the February 2026 Southern District of New York ruling that found AI-created documents an executive sent his lawyer did not qualify for privilege.
Alternatively, a Detroit federal court judge found that a pro se plaintiff could not be compelled to turn over ChatGPT transcripts about her case.
Also, a Colorado federal court judge in March found that a pro se litigant’s communications created with AI were covered by work-product protection. The court also found that the identification of which AI product was used was not protected.
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