AI for Lawyers: Avoiding Hallucinations and Preserving Privilege

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AI for Lawyers: Avoiding Hallucinations and Preserving Privilege

AI for Lawyers: Avoiding Hallucinations and Preserving Privilege

A person types on a keyboard with digital icons overlayed, including AI, chat bubbles, and a red warning symbol, suggesting artificial intelligence risks or alerts.

This program addresses AI use and compliance on two fronts: the widely publicized problem of "hallucinations," the fabricated cases and quotations that have drawn sanctions against lawyers and their firms in both California and New York, and the data-handling questions litigators face before entering client-confidential information into an AI tool.

The panel will discuss recent sanctions decisions from both states arising out of AI-fabricated citations, along with the ethical duties they implicate: competence, candor toward the tribunal, and supervision. It will compare the two states' evolving regulatory approaches to AI use by lawyers and courts. Turning to confidentiality and privilege, the panel will look at how courts are beginning to address whether AI use affects privilege and work-product protection. It will close with practical guidance for AI-assisted research and what to look for in an AI vendor on training, retention, security, and contractual protections.

Panelists include litigators practicing in California and New York and an executive from an AI provider.

Agenda

	3:00	p.m.	–	3:05	p.m.	Welcome and Introduction

						Moderator:
						Nitesh Daryanani Counsel Midpage New York, NY


	3:05	p.m.	–	3:25	p.m.	Hallucinations and the Duty of Candor

						· Survey of recent sanctions decisions in California and New York involving fabricated cases and quotations · Ethical duties implicated: competence, candor toward the tribunal, and supervisory obligations · Comparing regulatory approaches: New York's court rule on AI use and California's AI-focused amendments to its Rules of Professional Conduct · Practical verification workflows for AI-assisted research
						Panelists:
						Marc Lewis Lewis & Llewellyn San Francisco, CA Arlo Devlin-Brown Treanor Devlin Brown New York, NY Rhick Bose Head of U.S. at Crimson AI New York, NY

	3:25	p.m.	–	3:55	p.m.	Confidentiality, Privilege, and Data Handling

						· Confidentiality obligations when inputting client information into AI tools · Privilege and work-product implications of AI use, including early court decisions on whether AI use waives protection · Guidance from recent cases and ethics opinions on lawyers' use of generative AI · What to look for in an AI vendor: training on user data, retention, security, and contractual protections
						Panelists:
						Marc Lewis Lewis & Llewellyn San Francisco, CA Arlo Devlin-Brown Treanor Devlin Brown New York, NY Rhick Bose Head of U.S. at Crimson AI New York, NY
						1.0 Credits in Ethics and Professionalism

	3:55	p.m.	–	4:00	p.m.	Audience Q&A and Closing Remarks

						Panelists:
						Marc Lewis Lewis & Llewellyn San Francisco, CA Arlo Devlin-Brown Treanor Devlin Brown New York, NY Rhick Bose Head of U.S. at Crimson AI New York, NY
						Moderator:
						Nitesh Daryanani, Counsel Midpage

Thank You to Our Sponsor

Start Date:

October 27, 2026

Start Time:

3:00 PM

End Time:

4:00 PM

Ethics and Professionalism Credit(s):

Total Credit(s):

Region:

Virtual Participation

Format:

Webinar

Product Code:

0RE11

NYSBA Member Price: Free Join (or renew) for special member pricing

Non-Member Price: $395.00

Sponsoring Committee Group

Committee on Artificial Intelligence and Emerging Technologies
Committee on Technology and the Legal Profession
Committee on Continuing Legal Education