Florida considers guidance for lawyers' use of AI

Standards of Practice, Technology,

The Florida Bar Board of Governors has asked the Florida Board Review Committee on Professional Ethics to adopt a proposed advisory opinion about the use of AI by lawyers. The proposed advisory opinion will address

  1. "Whether a lawyer is required to obtain a client’s informed consent to use generative AI in the client’s representation;
  2. Whether a lawyer is required to supervise generative AI and other similar large language model-based technology pursuant to the standard applicable to non-lawyer assistants;
  3. The ethical limitations and conditions that apply to a lawyer’s fees and costs when a lawyer uses generative AI or other similar large language model-based technology in providing legal services, including whether a lawyer must revise their fees to reflect an increase in efficiency due to the use of AI technology and whether a lawyer may charge clients for the time spent learning to use AI technology more effectively;
  4. May a law firm advertise that its private and/or inhouse generative AI technology is objectively superior or unique when compared to those used by other lawyers or providers; and
  5. May a lawyer instruct or encourage clients to create and rely upon due diligence reports generated solely by AI technology?"

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