Technology advances change many things. A few decades ago, most lawyers would likely have rejected the idea that it would ever be a good idea to record a conversation between an attorney and a client. There would have been numerous philosophical objections and practical
objections, including the cost to transcribe the recordings. Many readers, no doubt, would still agree with that.
But today’s artificial intelligence tools allow affordable recordings and transcriptions. Transcripts could have many uses. If a client seems confused about a recent consultation, how handy would it be to upload a transcript of the consultation to the client portal so the client could review it without incurring more fees? Or how nice would it be to have a transcript of your interviews with critical witnesses? No doubt many lawyers dealing with Office of General Counsel investigations have likely wished they had transcripts of certain meetings.
Whether you think this is a good idea or a crazy one, read “Can Lawyers Legally and Ethically Record Conversations with Clients Using Artificial Intelligence?” by Carolyn Elefant. Ms. Elefant has been dispensing advice to small firm lawyers for decades via her My Shingle website. Her step-by-step approach to this subject is a great example of how to analyze these issues, including the ones relating to client consent