The Florida Bar

January 2024 Board Summary

The Florida Bar Board of Governors met January 19, 2024, in Tallahassee. Major actions and reports received included:

The Board of Governors voted to approve Ethics Advisory Opinion 24-1, which provides guidance to lawyers on generative AI and the practice of law. Advisory Opinion 24-1 originated in September with a formal request by the Special Committee on AI Tools & Resources. The special AI committee proposed new comments to several Bar rules the Board of Governors voted unanimously to approve in December 2023. The Bar’s petition to amend the rules was filed on January 5, 2024.

The AI committee requested that the opinion address everything from whether a lawyer should obtain a client’s informed consent before using it, to AI’s impact on fees, advertising, the lawyer’s duties of competence and ethical responsibilities to maintain confidentiality and to supervise nonlawyers. Among other things, the opinion recommends that a lawyer obtain the “affected client’s informed consent prior to utilizing a third-party generative AI program if the utilization would involve the disclosure of any confidential information.” Read more in The Florida Bar News.

In a related action, the board approved a proposal to ask the Florida Courts Technology Commission to post a warning on the E-Filing Portal regarding the potential for errors in AI-generated documents.

In other business, the board voted without objection to approve a Program Evaluation Committee proposal to amend Rule 6-3.5 (Standards for Certification). The proposed amendment would add a new subdivision (f) that would define a “good cause waiver for any portion of the applicable certification standards.” Lawyers in various practice areas who seek board certification or recertification have argued that meeting some of the standards has become more difficult as the state grows, and court practices change. The board also approved proposed amendments to add good cause waivers to Rule 6-3.6 (Recertification). The proposed amendments now go to the Supreme Court for final consideration.

The board made the following special appointments:

  • Laura J. Boeckman, Jacksonville, was appointed to the Eleventh Circuit Judicial Conference, Middle District
  • Dori Foster-Morales, Miami, was appointed to the Florida Judicial Qualifications Commission
  • Seven appointments were made to the Florida Realtor-Attorney Joint Committee:
    • Lori E. Ward, Destin, First DCA
    • Julie A. Horstkamp, Venice, Second DCA
    • Gregory S. Oropeza, Key West, Third DCA
    • Kara L. Stachel, Coral Springs, Fourth DCA
    • Terrence L. Harvey, Jacksonville, Fifth DCA
    • Erin M. Miller, Naples, Sixth DCA
    • Samuel J. Saad Ill, Naples, At-large
  • Antony P. Ryan, West Palm Beach, was appointed to the Florida Rural Legal Services Board of Directors
  • Ian M. Comisky, Philadelphia, and Magdalena A. Ozarowski, Tallahassee, were appointed to the Funding Florida Legal Aid Board of Directors (formerly The Florida Bar Foundation)

In other business, the board voted to accept the annual audit of The Florida Bar finances for FY 2022-23 by the firm Mauldin and Jenkins.

IMPORTANT LINKS AND REMINDERS

The minimum requirements for continuing legal education () changed effective January 8, 2024. As a result of the rule change, the CLER status of members whose reporting cycle ends in April or after has been returned to “incomplete” until they complete the new two-hour professionalism course. This mandatory course, , is free and offered on-demand.

You may verify your CLER compliance status by logging into the MyFloridaBar Member Portal or emailing the Legal Specialization and Education Department.