What is the new Apple iOS feature?

What is the new Apple iOS feature?

Apple launched a new feature in a recent software update that allows users to record any phone or Facetime call, and a transcript will be automatically generated. During a call, any party may initiate a recording, and Siri will announce to all parties that a recording has begun. However, if another party joins the call after Siri has notified the parties of a recording, there will be no renotification to the newly joined participant. If a participant to the call does not wish to be recorded, there is no way for them to end the recording; the recording will continue until it is either stopped by the initiating party or the call is terminated. Once the recording has started, the party that initiated the recording will be notified that a new note is created in their “Notes” app. While only the initiating party will have access to the recording and transcript, said party can use the share feature of the Notes app to send the recording and transcript to whomever they want. After the call has been ended, the initiating party will have access to the recording, and for those who have Apple Intelligence enabled, a summary of the transcript may be provided.

Considerations for Lawyers and Clients

Some ethical concerns may be raised given this new technology, and the Model Rules of Professional Conduct give guidelines on how lawyers may navigate Apple iOS 18.1.

Confidentiality

Under Model Rule 1.6, lawyers “shall not reveal information relating to the representation of a client” unless the client provides informed consent, disclosure is impliedly authorized, or an exception under 1.6(b) applies. Lawyers need to understand the benefits and risks of using the Apple iOS 18.1 recording and transcribing feature when it comes to confidentiality. If there is a high likelihood that the information is sensitive and may be subject to unauthorized access, lawyers should consider not using the feature or taking precautionary safeguards to ensure the information stays confidential. Further, the client must also make an informed decision on whether to accept the risks associated with the recording and transcribing feature.

Communication

Under Model Rule 1.4, a lawyer has duties of communication to the client. Among other obligations, a lawyer must “reasonably consult with the client about the means to be used to accomplish the client’s objectives.” This means a lawyer must inform their clients about using the Apple iOS 18.1 AI recording and transcribing function. If consent is required, then the lawyer must inform the client of the decision on whether to proceed. To ensure compliance, a lawyer needs to disclose, in writing to the client, the benefits and risks the features might pose, as well as the potential risk of inadvertent disclosure.

This is not an exhaustive list of potential ethical concerns that may arise with the implication of Apple iOA 18.1 AI features, and it is important for both lawyers and clients to take the time to understand the ins and outs of this feature when utilizing it in the legal environment.

If you have any questions or want assistance with information relating to the new Apple iOS 18.1 AI features and its concerns in the field of law, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation