artifiCiaL inteLLigenCe: how fLorida Courts and Judges are handLing it
Trial & litigation Section Chair: JenayE. Iurato – IuratoLawFirm, PL florida courts have begun to issue administrative orders to address the use of artificial intelligence in connection with court filings.
Like it or not, artificial intelligence is here, and it has affected the legal profession. So much so that, effective October 28, 2024, the Florida Supreme Court amended the comments to various Rules Regulating the Florida Bar to specifically address artificial intelligence. In Re: Amendments to Rules Regulating the Florida Bar – Chapter 4, 303 So. 3d 137( Fla. 2024).
Rule 4-1.1, for example, provides:“ A lawyer must provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” The amended comments to that rule now provide:
“ Maintaining Competence- To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in continuing study and education, including an understanding of the benefits and risks associated with the use of technology, including generative artificial intelligence, and comply with all continuing legal education requirements to which the lawyer is subject.”
Numerous courts in Florida and begun to issue administrative orders around the country have addressed to address its use in connection with the risks associated with the use of court filings. For example: technology, often arising from
• Broward County Administrative artificial intelligence-generated
Order 2026-03-Gen – Use of filings that contained non-existent Artificial Intelligence in Court case citations and quotations, and Filings: https:// www. 17th. flcourts. inaccurate analysis. Florida’ s Second org / wp-content / uploads / 2026 / District Court of Appeal, for
01 / AO2026-03- GEN-Use-ofexample, recently noted that“[ b ] y AI-in-Court-Filings. pdf signing an appellate brief, a lawyer • Indian, Martin, Okeechobee, certifies that he or she has read the and St Lucie Counties document and that to the best of Administrative Order 2025-10 – the lawyer’ s knowledge, information, In Re: Use of Artificial and belief there are good grounds Intelligence in Court Filings: to support the document”( citing to https:// www. circuit19. org / Fla. R. Jud Admin. 2.515( d)), and wp-content / uploads / 2025 / 12 / held that“ these ethical requirements Administrative-Order-2025-10- are not excused simply because a Use-of-Artificial-Intelligence-incomputer program generated a
Court-Filings. pdf faulty or misleading legal analysis.” • Miami-Dade County Russell v. Mells, No. 2D2024-1560, Administrative Order 26-04 –--- So. 3d----, 2025 WL 3533637, Re: Disclosure of Use of * 6( Fla. 2d DCA, Dec. 10, 2025). Generative Artificial Intelligence The Russell Court further expressly by Attorneys and Self-Represented held that“[ w ] hen a lawyer cites Litigants: https:// www. jud11. imaginary legal authorities to our flcourts. org / Render / fileid / court as if they were law, we are 1b10ef43-b414-40e5-88d7- compelled to refer that lawyer to the 401f46d0a081 Bar because of the professional rules In addition, judges throughout of conduct.” Id.( emphasis added). Florida, including here in
Artificial intelligence has become so common that Florida courts have Continued on page 55
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