Last week, the Florida Supreme Court adopted amendments to several rules regulating the Florida Bar, including changes involving generative AI.

In a 17-page opinion, the Florida Supreme Court adopted the amendments to the Rules Regulating The Florida Bar proposed by the Bar, with a few changes. In addition to various grammatical changes, the Court amended the Comments to rules 4-1.1, 4-1.6, 4-5.1, and 4-5.3, adding a warning about the necessity to take care in using generative artificial intelligence. They also amended rules 4-7.13 and 4-7.15 to allow for testimonials of a celebrity who is a current or former client, so long as the testimonial otherwise complies with the rules.

Notably, Rule 4-1.1 is the Competence rule and the amendment updates what used to be virtually identical language to ABA Model Rule 1.1, Comment 8 regarding technical competence. It now read (with new text bolded and underlined):

“To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in continuing study and education, including an understanding of the benefits and risks associated with the use of technology, including generative artificial intelligence, and comply with all continuing legal education requirements to which the lawyer is subject.”

Rule 4-1.6 relates to Confidentiality, where they added this sentence to address Acting Competently to Preserve Confidentiality:

“For example, a lawyer should be aware that generative artificial intelligence may create risks to the lawyer’s duty of confidentiality.”

They also added text related to Rule 4-5.1 (Responsibilities of Partners, Managers, and Supervisory Lawyers) regarding reasonable assurance that all lawyers in the firm will conform to the Rules of Professional Conduct (text bolded and underlined):

“Such policies and procedures include those designed to detect and resolve conflicts of interest, identify dates by which actions must be taken in pending matters, account for client funds and property, consider safeguards for the firm’s use of technologies such as generative artificial intelligence, and ensure that inexperienced lawyers are properly supervised.”

And Rule 4-5.3 (Responsibilities Regarding Nonlawyer Assistants):

“A lawyer should also consider safeguards when assistants use technologies such as generative artificial intelligence.”

And they also added “using generative artificial intelligence” as one of the examples of services for which a lawyer may use a nonlawyer in rendering legal services to the client.

The amendments will become effective October 28th. To my knowledge, Florida is the only state that is implementing changes to their ethics rules – including the duty of technical competence – to specifically call out generative AI. If anyone is aware of others, please let me know.

Hat tip to Judge Ralph Artigliere for the heads up on the story!

So, what do you think? Do you agree with including specific references to generative AI in the amendments the Florida Supreme Court adopted? Please share any comments you might have or if you’d like to know more about a particular topic.

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