The Florida Bar

December 2023 Board Summary

The Florida Bar Board of Governors met December 1, 2023, in Destin. Major actions and reports received included:

Florida Supreme Court Chief Justice Carlos Muñiz addressed the board, providing an update on the Court and its priorities for the upcoming Legislative Session.

First Circuit Chief Judge John Miller welcomed the board to Destin and detailed a recent cyberattack of the First Judicial Circuit, noting that Florida lawyers need to take cybersecurity seriously.

The board voted unanimously to recommend several proposals by the Special Committee on AI Tools & Resources. Proposed amendments to Rules 4-1.1 (Competence), 4-1.6 (Confidentiality), 4-5.1 (Responsibilities of Partners, Managers, and Supervisory Lawyers) and 4-5.3 (Responsibilities Regarding Nonlawyer Assistants) remind lawyers that use of generative artificial intelligence impacts their ethical obligations in numerous areas. The proposals will be forwarded to the Supreme Court for final consideration.

The Special Committee on AI Tools & Resources also reported to the board about AI-related projects the committee is developing, including researching and vetting possible certification and disclosure requirements for lawyers and self-represented litigants. The committee considered Ethics Opinion 79-7, which provides, in part, that any pleadings or papers prepared by an attorney for a pro se litigant and filed with the court must indicate, “Prepared with the Assistance of Counsel,” and recently submitted a request for a generative AI-related ethics opinion.

The Board also heard a report on Proposed Advisory Opinion 24-1. The proposed opinion touches on lawyers’ use of generative AI and its implications for confidentiality, lawyer oversight, legal fees and costs, and lawyer advertising. The Board Review Committee on Professional Ethics posted a notice last month for public comments regarding the proposed advisory opinion that will be received at the next board meeting January 19 in Tallahassee. Comments on the proposal should be submitted no later than Jan. 2, 2024.

The AI committee has also asked the Rules of General Practice and Judicial Administration Committee to review Rule 2.515 (Signatures and Certificates of Attorneys and Parties) to consider whether the current requirements are sufficient, both generally and in light of the challenges that may be faced if litigants use generative AI.

The Technology Committee reported that it is developing a five-hour, AI-themed “Presidential Showcase” for the Annual Convention in June. The Technology Committee has also appointed a subcommittee to develop an AI and tech-related resource webpage to “marshal all of the work that we are doing, whether it’s CLE videos, articles, et cetera.”

In other business, the board voted to approve a Real Property, Probate, and Trust Law Section proposal to scrub so-called “Z words” — zeal, zealous, and zealously — from the Bar rule book. The proposed amendments remove references to “Z” words from the Preamble to Chapter 4 and the comment to Rule 4-1.3 — and add a comment that would offer an explanation and historical perspective. The proposal heads to the Supreme Court next for final consideration.

Also, the board voted to withdraw Proposed Advisory Opinion 23-1. If adopted, the proposed opinion would have addressed whether a Florida lawyer may be a passive investor in an “alternative business structure” that provides legal services in another state but does not maintain any presence in Florida or provide Florida legal services.