Legal ethics surrounding AI use is a question many are discussing. In fact, at least one bar association is opening contemplating whether client consent is necessary for a lawyer to use AI tools. Early last week, the Florida Bar (through it’s Board Review Committee on Professional Ethics) indicated that it would be considering an advisory opinion on the issue. Will no proposed rule has been released, it has been made clear that the following would be addressed:
- Whether a lawyer is required to obtain a client’s informed consent to use generative AI in the client’s representation;
- 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;
- 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;
- 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
- May a lawyer instruct or encourage clients to create and rely upon due diligence reports generated solely by AI technology?
A meeting to address this rule will be held on Thursday, November 30, 2023, from 1-3 p.m. at the Henderson Beach Resort in Destin, Florida. Expect a lot of proposed comments from legal professionals eager to integrate AI into their law practice and lawyers skeptical of AI use.
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