Florida Lawyers Embrace Generative AI with New Ethical Guidelines

The Florida Board of Governors unanimously approved Ethics Advisory Opinion 24-1 on January 19, establishing guidelines for the use of generative AI by lawyers, according to an article by the Florida Bar Association. This decision follows a formal request by the Special Committee on AI Tools & Resources in December. The advisory opinion, proposed by the committee, addresses concerns related to AI’s impact on legal practice, including confidentiality, competence, fees, advertising, and ethical responsibilities.

The proposed amendment to Bar Rule 4-1.6 emphasizes the potential risks of generative artificial intelligence to a lawyer’s duty of confidentiality. The Board of Governors voted unanimously to approve this amendment in December. The advisory opinion does not specifically mention AI platforms like Chat GPT-4 or the Bing search engine, recognizing the rapid evolution of AI technology.

While the opinion does not advocate for banning AI use, it recommends obtaining the client’s informed consent before utilizing a third-party generative AI program if it involves disclosing confidential information. The opinion also includes a section on the oversight of generative AI, cautioning lawyers about the risks associated with relying on AI for various legal tasks. It concludes that lawyers may ethically use generative AI only if they can reasonably ensure compliance with ethical obligations, including confidentiality, avoidance of frivolous claims, candor to the tribunal, truthfulness, fee moderation, and adherence to advertising restrictions.

In a related move, the Board approved a proposal to request the Florida Courts Technology Commission to post a warning on the E-Filing Portal regarding potential errors in AI-generated documents. Additionally, the Board voted to amend Rule 6-3.5, establishing a “good cause waiver” for lawyers seeking certification, considering factors such as knowledge, skills, and proficiency in the certification area, as well as changes in court practices and the nature of legal matters handled by applicants. This proposed amendment will undergo final consideration by the Supreme Court.