Florida Bar debates if lawyers using AI in legal cases need client consent.
The Florida Bar Considers Client Consent for Lawyers Using AI in Legal Matters
The Florida bar is currently discussing whether lawyers should obtain their client’s consent before using artificial intelligence (AI) in legal cases. The Florida Board’s Review Committee on Professional Ethics is seeking input from lawyers in the state regarding the use of AI, including programs like OpenAI’s ChatGPT, Google Bard, or Microsoft’s Bing. The committee will specifically examine whether lawyers should be required to inform their clients about the use of generative AI during representation and whether AI technology should be subject to the same supervision requirements as non-lawyer assistants.
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The board will also address the ethical considerations surrounding lawyer fees and costs when using generative AI or similar language model-based technology. This includes whether lawyers should adjust their fees to reflect increased efficiency due to AI usage and whether they can charge clients for time spent learning to use AI effectively.
Furthermore, the board will examine whether law firms can advertise their generative AI as superior or unique compared to other lawyers or providers. They will also consider whether lawyers can encourage clients to rely solely on due diligence reports generated by AI technology.
Lawyers Use ‘Experimental’ AI Program
Florida bar members have until Dec. 1 to submit comments on the new AI advisory opinion to the Ethics Counsel, which will meet again on Nov. 30.
This discussion on AI usage in the legal sector comes as the technology is increasingly being employed, although with varying results. Recently, rapper Prakazrel “Pras” Michel’s new legal representation argued that his previous lawyer relied on an “experimental” AI program to write his closing argument, resulting in an unfavorable outcome.
Chat GPT Generates ‘Fake Cases’
Lawyers Steven Schwartz, Peter LoDuca, and their law firm Levidow, Levidow & Oberman were sanctioned by U.S. District Judge P. Kevin Castel for including six fictional case citations generated by ChatGPT in a legal brief. The lawyers claimed they were unaware of the false citations, but the judge emphasized the responsibility of attorneys to ensure the accuracy of their filings. The lawyers were ordered to pay a $5,000 fine.
Is it necessary for lawyers to inform their clients about the specific AI technology being used, such as OpenAI’s ChatGPT or Google Bard, to foster transparency and trust?
The use of AI in their legal services and if any specific disclosures or Disclaimers should be required. This is in line with the growing trend of using AI in various industries, including law, and the need to ensure transparency and informed decision-making for clients. The Florida bar’s Review Committee on Professional Ethics recognizes the importance of addressing these concerns to maintain the integrity and ethical standards of legal practice in the era of AI technology.
One of the key issues to be addressed is whether lawyers should obtain their client’s consent before utilizing AI tools in legal matters. Client consent is a fundamental aspect of legal representation, as it allows clients to make informed decisions about their cases and the use of technology that may impact the outcome. By obtaining client consent, lawyers can ensure that their clients are aware of the potential benefits and risks associated with using AI in their legal matters.
Additionally, the committee will examine whether lawyers should be required to inform their clients about the specific AI technology being used. This includes programs such as OpenAI’s ChatGPT, Google Bard, or Microsoft’s Bing. By providing clients with information about the AI tools being utilized, lawyers can foster transparency and trust, enabling clients to better understand the potential limitations and capabilities of the technology.
Another aspect to be considered is whether AI technology should be subject to the same supervision requirements as non-lawyer assistants. Non-lawyer assistants, such as paralegals or legal secretaries, are typically supervised by lawyers to ensure compliance with ethical and professional standards. The committee seeks to determine whether similar regulations should apply to AI technology in order to maintain accountability and uphold the ethical responsibilities of lawyers.
Regarding lawyer fees and costs, the board will address whether lawyers should adjust their fees to reflect the increased efficiency resulting from the use of generative AI or similar language model-based technology. It is important to examine whether clients should benefit from the time and cost savings that AI tools can provide, and if lawyers should pass on these savings by adjusting their fees accordingly.
Furthermore, the board will assess whether lawyers can charge clients for the time spent learning to use AI effectively. As with any new technology, there is a learning curve, and lawyers may need to invest time and resources to become proficient in using AI tools. The committee will determine whether it is fair and ethical to pass on these learning costs to clients, or if they should be absorbed by the law firms themselves.
Lastly, the committee will analyze the issue of advertising AI usage by law firms. As AI becomes more prevalent in the legal field, law firms may wish to highlight their technological capabilities to attract clients. However, it is crucial to consider any necessary disclosures or Disclaimers that should accompany such advertising to ensure that clients have a clear understanding of the limitations and potential risks associated with relying on AI technology.
The Florida bar’s consideration of client consent for lawyers using AI in legal matters demonstrates the commitment to upholding ethical standards and ensuring transparency in the legal profession. By addressing these ethical considerations and providing guidelines for lawyers, the Florida bar aims to strike a balance between embracing the potential benefits of AI in legal practice while safeguarding the interests of clients and maintaining the integrity of the legal system.
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