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dCA 1992 ) (“ it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney ”); Gladstone v . Smith , 729 So . 2d 1002 , 1004 ( Fla . 4th dCA 1999 ) (“ A pro se litigant should not be held to a lesser standard than a reasonably competent attorney because applying a lesser standard would only encourage continued frivolous litigation ”); Anderson v . Sch . Bd . Of Seminole Cnty ., 830 So . 2d 952 , 953 ( Fla . 5th dCA 2002 ) (“ Pro se litigants [ ] should not be treated differently from litigants in similar situations who are represented by counsel and are charged with knowledge of those rights ”); and Stueber v . Gallagher , 812 So . 2d 454 , 457 ( Fla . 5th dCA 2002 ) (“ In Florida , pro se litigants are bound by the same rules that apply to counsel ”).
This raises an important question : how are courts responding to the rise of AI-assisted filings ? Thus far , there does not appear to be a formal acknowledgment of this technological shift .
Courts may be forced to address the ethical implications of using AI-generated filings , particularly if they contain fabricated case law . This has the potential to create an entirely new set of procedural requirements , from how judges must handle such filings , to disclosure of the use of such AI tools .
Ultimately , the rise of AI-assisted pro se litigation is both an opportunity and a challenge . It underscores the need for courts , attorneys , and litigants to adapt to the changing technological
landscape . Whether we , as attorneys , see it as an empowering tool or just a burden , one thing is certain : ChatgPT and similar tools are here to stay , and , when it comes to litigation , there is no substitute for good legal counsel . n
Disclaimer : The views expressed in this article are the views of the authors alone and do not represent the views of Shutts & Bowen LLP .
Authors : Melodie Khosrovani & Ella Shenhav – Shutts & Bowen LLP
Trial & Litigation Section Hold Quarterly Luncheon
thetrialandLitigationSectionhelditsquarterly LuncheononJanuary23 , whereitreceivedaCivil procedureupdatefromJudgedarrend . farfante , general Civil , BusinessCourt , tobaccodivision , asbestosLitigation , withthethirteenthJudicialCircuit . thankyoutoJudge farfanteforhisinsight .
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