theuseofaiinflorida ’ slegal professionpresentsnumerous ethicalchallengesthatmust beaddressedtoensurethe responsibledeploymentof thesetechnologies .
The integration of artificial intelligence ( AI ) into the legal profession has been met with both enthusiasm and concern . As has been pointed out in former Lawyer magazine articles , generative AI can improve the efficiency of legal work and in turn have potential benefits for both the lawyers using AI and the clients the lawyers represent . However , the benefits of using these types of technological advancements must be heavily weighed against a lawyer ’ s ethical obligations . In Florida , as in many other states , the use of AI in law practices has raised several ethical issues that warrant careful consideration .
Can the use of AI put a lawyer ’ s license to practice law at risk ? The answer is an unequivocal ‘ yes .’ At the forefront of the news has been the Court ’ s disdain for AI-generated pleadings wrought with inaccuracy and imaginary case citations . But answering to the court may not be the only consequence lawyers face when relying on AI . Another effect may involve state bar associations .
In November 2023 , a lawyer in Colorado was suspended from the practice of law for 90 days for using ChatGPT in preparing
a motion to set aside judgment without checking any of the citations before filing .
In addition to exercising the due diligence necessary to check citations generated by AI , lawyers should consider these important supplemental ethical issues .
( 1 ) Accountability , Transparency , and Candor Legal professionals must be able to explain and justify the decisions made by AI systems , especially when these decisions have significant consequences for clients . A lawyer must be able to defend the positions presented in a filing , and the court must be able to rely upon the accuracy of information presented by officers of the court . A lack of knowledge and research on the facts and arguments generated by AI can lead to competence issues or possibly misrepresentations made to the court . See R . Reg . Fla . Bar 4-1.1 , 4-3.3 , and 4-8.4 ( c ) for a lawyer ’ s obligation to provide competent representation and accurate information to the court .
( 2 ) Confidentiality and Data Security One of the foremost ethical issues is the protection of client
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Professionalism & Ethics Committee Chairs : AnthonyGarcia – GarciaMediation & LindseyGuinand – TheFloridaBarconfidentiality and data security . Legal professionals are bound by strict rules regarding the privacy of client information . The use of AI , which often involves processing large volumes of sensitive data , poses significant risks . There is a danger that confidential information could be inadvertently exposed or accessed by unauthorized parties , either through hacking or software vulnerabilities . See R . Reg . Fla . Bar 4-1.6 for the ethical duties imposed on lawyers concerning a client ’ s confidentiality .
The use of AI in Florida ’ s legal profession presents numerous ethical challenges that must be addressed to ensure the responsible deployment of these technologies . By focusing on confidentiality , data security , accountability , transparency , competence and candor , lawyers can better navigate the complex ethical landscape of AI . Addressing these issues is crucial for maintaining the integrity of the legal system and ensuring that AI serves as a tool for enhancing , rather than compromising , justice . n
Authors : Anthony Garcia – Garcia Mediation & Lindsey Guinand – The Florida Bar
Join the professionalism & ethics Committee at hillsbar . com .
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