The Florida Bar released opinion 24-1 last month clarifying that generative AI is permissible in the practice of law, but cautioning lawyers to protect confidential information, provide accurate and competent services, avoid improper billing practices, and comply with applicable advertising restrictions. A common pitfall of generative AI is its ability to “hallucinate” or create “inaccurate answers that sound convincing.” Lawyers remain responsible for their work product and must develop policies for overseeing generative AI use to guard against false citations and inaccurate information. The Bar further recommends:

• Obtaining client’s informed consent before utilizing an AI program if the utilization requires disclosing any confidential information.
• Employing utmost caution when utilizing an overly welcoming generative AI chatbot that may fail to identify itself as a chatbot, provide legal advice, or fail to provide appropriate disclaimers.
• Including screening questions that limit a chatbot’s communications if a person is already represented by another lawyer.
• Considering the adoption of contingent fee arrangements or flat billing rates for certain services that generative AI programs make more efficient.
• Informing clients in writing of the lawyer’s intent to charge a client the actual cost of using generative AI.

To read the full opinion, click here.