The recent ethics opinion released by The Florida Bar grants attorneys the ethical permission to utilize generative AI technologies. However, the advisory reminds lawyers to stay vigilant in adhering to their respective ethical obligations.
The ethical advisory, referred to as Ethics Advisory Opinion 24-1, emphasizes lawyers’ ongoing responsibility to develop competency with new technologies such as artificial intelligence and be aware of the inherent risks and benefits. This opinion was initially prepared by the Bar’s Committee on Professional Ethics, following a unanimous approval by The Florida Bar’s Board of Governors on January 19.
Although generative AI has the ability to greatly augment a lawyer’s operational efficiency, it also presents a variety of ethical concerns. As reported by The Florida Bar News, the opinion advises that lawyers utilizing generative AI should take reasonable measures to protect client confidentiality, establish policies for the sensible supervision of AI, confirm fees and costs are reasonable, and obey with relevant ethics and promotional regulations.
Client confidentiality is the first aspect addressed with regard to these ethical challenges. Although lawyers are not required to acquire client consent to use AI, it should be noted that if AI usage would entail revealing confidential data, agreement from the client becomes indispensable. The advisors further stress the need for lawyers to have a comprehensive understanding of the technology to meet their ethical obligations.
Considering the oversight of generative AI, similar to a duty of supervising non-lawyer assistants, lawyers should implement reasonable efforts to ensure that AI usage aligns with their professional obligations. The advisory also instructs that lawyers have the duty to review the work products derived from generative AI just as they would inspect the work delivered by paralegal or other non-lawyer staff.
Furthermore, legal fees and costs were highlighted. The advisory advises against the claims of falsely inflated working hours due to an increase in efficiency brought on by AI. Lawyers are encouraged by the opinion to consider alternative forms of billing to ensure an even distribution of the benefits of enhanced efficiency between the lawyer and the client.
The advisory concludes emphasizing the necessity for lawyers to continue to develop competency in their use of AI and other new technologies, owing to generative AI technology being in its infancy. The opinion also notes that the ethical considerations covered should not be regarded as exhaustive.
For more detailed insights on this stance on generative AI, be sure to read the full article here.