From last week's posting by the Florida Bar:
The Board Review Committee on Professional Ethics will consider adopting a proposed advisory opinion at the direction of The Florida Bar Board of Governors based on an inquiry by the Special Committee on Artificial Intelligence (AI) Tools and Resources, at a meeting to be held on Thursday, November 30, 2023, from 1-3 p.m. at the Henderson Beach Resort in Destin, Florida.
There are no drafts for the committee's consideration at this time. The proposed advisory opinion will address:
1) Whether a lawyer is required to obtain a client's informed consent to use generative AI in the client's representation;
2) Whether a lawyer is required to supervise generative AI and other similar large language model-based technology pursuant to the standard applicable to non-lawyer assistants;
3) The ethical limitations and conditions that apply to a lawyer's fees and costs when a lawyer uses generative AI or other similar large language model-based technology in providing legal services, including whether a lawyer must revise their fees to reflect an increase in efficiency due to the use of AI technology and whether a lawyer may charge clients for the time spent learning to use AI technology more effectively;
4) May a law firm advertise that its private and/or inhouse generative AI technology is objectively superior or unique when compared to those used by other lawyers or providers; and
5) May a lawyer instruct or encourage clients to create and rely upon due diligence reports generated solely by AI technology?
