The concept of lawyering, especially for those unfamiliar with the legal field, can often appear as a puzzling and complex process. For clients paying top dollar for the services of legal professionals, understanding what exactly they are paying for is crucial. With emergent technologies such as Artificial Intelligence (AI) being increasingly incorporated into legal work, questions around its application and implications for client relationships have begun to surface.
In the state of Florida, these questions have given rise to a new discussion. The Florida Bar, the organization of all licensed lawyers in the state, is presently considering whether its members need to obtain client consent before using AI in their legal work. More details can be found in this Reuters article.
Primarily, the Florida Bar is considering the drafting of a new advisory opinion specifically about the use of generative AI in law firms. Examples of such AI include OpenAI’s ChatGPT, Google’s Bard and Microsoft’s Bing. The opinion will focus on several issues such as whether AI usage will necessitate client consent, and if it will be subject to the same lawyer supervision as other non-lawyer assistants. Additionally, the question of whether law firms should offer lower fees if they use AI, and how firms should advertise their AI capabilities is also due for consideration.
These discussions bring industry norms into focus and prompt further questions. If lawyers are receiving assistance from AI algorithms, should this necessitate a fee reduction for clients? However, if the quality of work product remains the same, is a discount warranted? It stands to reason that the incorporation of AI into the process could potentially speed up workflow and reduce billable hours, therefore automatically reducing costs. Conversely, should lawyers fail to sufficiently review their work products, problems could arise. Thus, it is essential for Florida lawyers, and indeed legal professionals globally, to reflect on these considerations.
For lawyers practicing in Florida, this is an opportunity to submit your viewpoints to the Bar, with a deadline of December 1 for responses. This Above the Law article offers a detailed exploration on the topic.
As the legal profession moves with the times, embracing new technologies and ways of working, its adaptability is surely being put to the test. It goes without saying that advancements in AI carry significant implications for the field, necessitating careful consideration and open dialogue. Will AI and the law make suitable sparring partners, or will the rules need to change? Only time, and the collective wisdom of the legal community, will tell.