Florida bar weighs whether lawyers using AI need client consent – Reuters

AI (Artificial Intelligence) letters are placed on computer motherboard in this illustration taken, June 23, 2023. REUTERS/Dado Ruvic Acquire Licensing Rights

Oct 16 (Reuters) - Florida lawyers might soon be required to get their client's consent before using artificial intelligence on their legal matters.

The Florida Bar is crafting a new advisory opinion focused on the use of AI and has asked Florida lawyers to weigh in. Florida bar leaders have tasked the Florida Board Review Committee on Professional Ethics with creating rules around the use of generative AI, such as OpenAI's ChatGPT, Google Bard or Microsoft's Bing.

In addition to a requirement that lawyers obtain their clients consent before using AI, the committee will also consider whether such AI is subject to the same lawyer supervision requirements as non-lawyer assistants, and whether lawyer fees should be lower when AI is used. It will also look at whether law firms should be allowed to advertise their generative AI as superior or unique, and whether lawyers may encourage clients to rely on due diligence reports generated by AI.

A number of federal judges have already said that lawyers must disclose when they have used artificial intelligence in matters that appear on their dockets. Those requirements came after a case in which two New York lawyers submitted a legal brief that included six fictitious case citations generated by ChatGPT. Lawyers at Levidow, Levidow & Oberman in June were ordered pay a $5,000 fine. They had said they were unaware that the technology could make up cases.

But Florida looks to be the first jurisdiction considering a consent rule for lawyers using AI. A raft of legal tech companies have unveiled new AI products in recent months that do everything from legal research to creating legal documents.

Florida bar members have until Dec. 1 to submit comments on the new AI advisory opinion. The committee drafting the opinion is slated to meet Nov. 30.

Read more:

New York lawyers sanctioned for using fake ChatGPT cases in legal brief

Another US judge says lawyers must disclose AI use

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Karen Sloan reports on law firms, law schools, and the business of law. Reach her at karen.sloan@thomsonreuters.com

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Florida bar weighs whether lawyers using AI need client consent - Reuters