HCBA Lawyer Magazine No. 34, Issue 4 | Page 8

H C B A P R E S I D E N T ’ S M E S S A G E A l e x C a b a l l e r o – S e s s u m s B l a c k , P . A .

navigatingaIWithCaution : Considerations forLawyersusingaIinLegalPractice

overrelianceonaIwithoutacomprehensiveunderstanding ofitscapabilitiesandconstraintscouldleadtooversights ormisinterpretationsandadverseconsequencesforclients .

The Florida Bar Board of Governors in January voted unanimously to approve an ethics advisory opinion that gives lawyers new guidelines for using generative AI . Advisory opinions are not binding like Bar rules , but Ethics Advisory Opinion 24-1 addresses key concerns like whether a lawyer should obtain a client ’ s informed consent before using AI , its impact on fees and costs , compliance with applicable ethics and advertising regulations , duty to competence , and ethical responsibilities to maintain confidentiality and oversight .

The opinion cautions lawyers to be aware that generative AI is “ still in its infancy ” and notes that the ethical concerns should not be treated as an exhaustive list . While AI offers numerous benefits , it ’ s essential for
us to exercise caution in its adoption so we don ’ t overlook ethical , legal , and professional considerations .
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