1. AI may outperform humans and pose potential ethical concerns, according to Stephen Hawking.
2. The Florida Bar issued Opinion 24-1 to provide guidance on the ethical use of AI in law practice.
3. Opinion 24-1 focuses on AI’s impact on confidentiality, oversight, legal fees, and lawyer advertising.
4. Generative AI may improve a lawyer’s practice efficiency, but it can also create inaccurate answers with serious consequences.
5. Lawyers should obtain informed consent from affected clients before using third-party generative AI programs involving disclosure of confidential information. 1. The AI provider must have a duty to maintain the confidentiality and security of information, and this duty should be enforceable. The provider should also notify the lawyer in case of a breach or if client information needs to be produced.
2. The lawyer should investigate the reputation, security measures, and policies of the AI provider, including any limitations on their liability.
3. The lawyer should determine whether the AI provider retains information submitted by the lawyer after services are discontinued, or if the provider asserts proprietary rights to the information. 1. Lawyers are responsible for ensuring that the work product of generative AI is in line with their professional obligations.
2. Lawyers must review the work of generative AI in a similar manner as nonlawyer assistants like paralegals.
3. Lawyers using generative AI cannot delegate tasks that constitute the practice of law, such as negotiation, that require personal judgment and participation.
4. Lawyers must inform clients, preferably in writing, of the intent to charge for the actual cost of using generative AI and ensure that charges are reasonable and not duplicative. 1. Lawyer advertising using AI chatbots must not be deceptive or misleading, according to Rule 4-7.13.
2. Lawyers using AI chatbots for advertising and intake purposes must be careful to ensure the chatbot does not provide misleading information to prospective clients or communicate in an intrusive or coercive manner.
3. Lawyers must inform prospective clients that they are communicating with an AI program and not with a lawyer or law firm employee when using AI chatbots for advertising.
https://www.rumberger.com/insights/the-florida-bar-provides-guidance-on-lawyers-use-of-artificial-intelligence/
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