Integrating AI Tools: What Is on the Horizon for Florida Lawyers?
As artificial intelligence (AI) evolves, its potential to reshape the legal profession is undeniable. AI-powered tools are beginning to change the way lawyers work, from drafting complex letters and documents to conducting research. But as AI becomes more integrated into our practices, it raises ethical and regulatory questions that demand careful consideration. How can lawyers use AI responsibly? What frameworks must be developed to ensure ethical practice while embracing innovative technologies?
The Florida Bar, alongside legal ethics experts, is engaged in ongoing discussions to answer these questions. As we chart unfamiliar territory, it is essential to be mindful of our professional responsibilities.
Leveraging AI While Maintaining Competence
Primarily, we must uphold our duty of competence, regardless of the tools we use. AI may be able to draft briefs, conduct research, and assist in legal analysis, but the lawyer remains responsible for the final product. As Bar Ethics Counsel Jonathan Grabb discussed in a recent Florida Bar News column, AI is not immune to errors, such as fabricating facts (so-called “hallucinations”) or citing inaccurate sources. Lawyers must ensure AI-generated work is accurate, sound, and consistent with our ethical obligations.
Rules 4-5.1, 4-5.2, and 4-5.3 make clear that lawyers are bound by the Rules of Professional Conduct, regardless of whether they are using AI or delegating tasks to non-lawyer staff. This means that AI can be a useful assistant, but the lawyer must review and verify the work (in the same manner as a lawyer reviews any other work emanating from his or her office). Reliance on AI without sufficient oversight can and has resulted in professional misconduct.
Protecting Confidentiality in an AI-Driven World
Another consideration is the duty of confidentiality, which takes on new dimensions with the rise of AI. As Grabb notes, AI systems often require substantial input from users to function effectively. This can involve sharing sensitive client information, which must be managed with care to avoid breaching client confidentiality. Florida Bar Ethics Opinion 24-1 recommends lawyers obtain informed consent from clients before using third-party generative AI systems if any confidential information is involved.
Grabb emphasizes that lawyers must take appropriate steps to safeguard client information when using AI tools, just as they would with any other technology. Lawyers should ensure that any AI system they use has adequate security measures in place, and they must carefully consider the potential risks of sharing confidential client information with third-party AI providers.
Addressing Intellectual Property and Ownership
Another area of concern is intellectual property. When AI tools generate documents, questions arise regarding the originality and ownership of these outputs. Lawyers should be cautious when using AI-generated content, ensuring that it complies with copyright laws and avoids potential disputes over intellectual property rights.
Preventing Unintended Lawyer-Client Relationships
In the context of AI-powered chatbots or automated intake systems, Grabb also cautions that we must avoid inadvertently creating a lawyer-client relationship. Unintended relationships can arise if a chatbot collects confidential information without the necessary disclaimers or oversight. Lawyers must be cautious in how they interact with clients through AI systems to ensure they are not violating ethical rules or creating conflicts.
Practical Guidance and Resources
Recognizing the growing reliance on AI in legal practices, the Bar has taken proactive steps to support lawyers in navigating these challenges. The Bar’s Special Committee on AI Tools & Resources (AI Special Committee) has issued guidance, notably Florida Bar Ethics Opinion 24-1, to help lawyers integrate AI responsibly.
Building on these efforts, the Bar is set to release a comprehensive guide through LegalFuel: The Practice Resource Center of The Florida Bar. This guide will offer practical advice on using AI tools effectively, including: 1) Strategies for maintaining client confidentiality; 2) best practices for reviewing AI-generated work; 3) ethical considerations for avoiding common pitfalls; and 4) steps for selecting secure and compliant AI platforms.
This resource will soon be available, reflecting the Bar’s commitment to equipping lawyers with actionable tools to embrace AI confidently. I would be remiss by not thanking the co-chairs of the AI Special Committee, Duffy Myrtetus and Gordon Glover, and, indeed, all of the members (Special Committee on AI Tools & Resources — The Florida Bar) for expediting their output since the Bar is accustomed to being a leader of state bars.
A Collaborative Future
AI’s integration into the legal profession is not merely a challenge but an opportunity to improve access to justice, enhance efficiency, and elevate the quality of legal services. By staying informed and adhering to ethical standards, lawyers can leverage AI to serve their clients better while upholding the integrity of the profession.
The Florida Bar remains dedicated to guiding its members through this evolution, ensuring that lawyers are prepared to use AI responsibly and innovatively. With the new guide and other ongoing initiatives, Florida lawyers can look forward to a future where technology enhances their practices without compromising ethical or professional responsibilities.
