On January 19, 2024, the Florida Bar Board of Governors unanimously approved Ethics Opinion 24-1, providing guidance on the ethical use of generative artificial intelligence in legal practice. Florida was among the first states to issue formal AI ethics guidance, and Opinion 24-1 has been recognized as a model for other jurisdictions.
Key Ethics Opinion#
Florida Bar Opinion 24-1 (January 2024)#
Opinion 24-1 confirms that Florida lawyers may use generative AI so long as they can reasonably guarantee compliance with their ethical obligations.
Status: Approved advisory ethics opinion (non-binding but authoritative guidance)
Key Finding: “A lawyer may utilize generative artificial intelligence (AI) so long as the lawyer can reasonably guarantee compliance with the lawyer’s ethical obligations.”
Four Core Areas of Guidance#
Opinion 24-1 focuses on AI’s impact across four specific areas:
1. Confidentiality#
Key Requirements:
- “A lawyer obtain the affected client’s informed consent prior to utilizing a third-party generative AI program if the utilization would involve the disclosure of any confidential information”
- Assess whether AI platform terms allow data sharing or training use
- Consider enterprise solutions with enhanced confidentiality protections
- Document client consent when confidential data is inputted
2. Oversight and Competence#
Florida addresses the “hallucination” problem directly:
Verification Duty:
- Review AI-generated work product as you would review work from nonlawyer assistants
- Verify accuracy and sufficiency of all AI outputs
- “The failure to do so can lead to violations of the lawyer’s duties of competence, avoidance of frivolous claims and contentions, candor to the tribunal, and truthfulness to others”
Practice of Law Prohibition:
- Lawyers “may not delegate any tasks to AI tools that could constitute the practice of law”
- Example: AI cannot negotiate settlements or make substantive legal decisions
- Final professional judgment must remain with the attorney
3. Fees and Billing#
Opinion 24-1 provides detailed billing guidance:
Prohibited Practices:
- Duplicate charges for AI-assisted work
- Falsely inflated billable hours
- Billing for time saved by AI efficiency
Required Practices:
- “Inform a client, preferably in writing, of the lawyer’s intent to charge the client the actual cost of using generative AI”
- Bill only for actual time spent on AI-assisted tasks
- Pass efficiency savings to clients
Training Time:
- “A lawyer should be careful not to charge for time spent developing minimal competence in the use of generative AI”
- General AI education is the lawyer’s responsibility, not billable to clients
4. Advertising and Intake#
Florida uniquely addresses AI in client communications:
AI Chatbot Requirements:
- “Lawyers must ensure that prospective clients are aware they are communicating with AI (and not a real lawyer)”
- Disclosure required when AI handles intake or initial client contact
- Lawyers remain “responsible for any issues arising due to the information provided by the chatbot”
Advertising Compliance:
- AI-generated advertising content must comply with Florida Bar advertising rules
- Verify accuracy of any AI-generated claims about the firm
- Supervise AI-generated marketing materials
Florida Rules of Professional Conduct Implicated#
| Rule | Obligation | AI Application |
|---|---|---|
| Rule 4-1.1 | Competence | Understand AI; verify outputs |
| Rule 4-1.4 | Communication | Disclose AI use appropriately |
| Rule 4-1.6 | Confidentiality | Protect client data; obtain consent |
| Rule 4-1.5 | Fees | Reasonable fees; disclose AI costs |
| Rule 4-3.3 | Candor | Verify AI content before filing |
| Rule 4-3.4 | Fairness | No frivolous AI-generated claims |
| Rule 4-5.3 | Nonlawyer Assistance | Supervise AI like staff |
| Rule 4-7.1 | Advertising | AI ads must be truthful |
Florida Court AI Developments#
State Court Guidance#
Florida state courts have not issued mandatory AI disclosure orders, but attorneys should:
- Verify all AI-generated content before filing
- Be prepared to disclose AI use if questioned
- Follow Opinion 24-1 guidance on verification
Federal Courts in Florida#
Federal courts in the Southern District of Florida and other districts may have individual judge standing orders. Attorneys should:
- Check for AI standing orders when assigned to a case
- Prepare certifications if required
- Disclose AI use as directed
AI Disclosure Requirements in Florida#
Florida’s approach emphasizes client communication over mandatory disclosure:
Client Disclosure:
- Recommended when inputting confidential information into AI
- Required when charging for AI costs
- Advisable when AI use materially affects representation
Court Disclosure:
- Not mandated by state court rules
- May be required by individual federal judges
- Always disclose if directly asked
Practical Compliance Steps for Florida Attorneys#
Before Using AI:
- Evaluate AI platform confidentiality protections
- Consider obtaining written client consent for AI use
- Review terms of service for data handling policies
- Establish firm AI use policies
During AI Use: 5. Never delegate practice-of-law decisions to AI 6. Maintain supervision over all AI outputs 7. Document your verification process
After AI Generates Content: 8. Review as you would nonlawyer work product 9. Independently verify all citations 10. Check quotes against original sources 11. Shepardize/KeyCite all authority 12. Ensure legal propositions are accurate
For Billing: 13. Inform clients in writing of AI cost charges 14. Bill only for actual time spent 15. Don’t bill for AI training time 16. Pass efficiency savings to clients
For Client Intake/Advertising: 17. Disclose when clients are communicating with AI chatbots 18. Verify AI-generated advertising content 19. Maintain supervision over AI marketing materials
Comparison to Other States#
Florida’s Opinion 24-1 has influenced other state guidance:
| Feature | Florida | California | Texas |
|---|---|---|---|
| Formal Opinion | Yes (24-1) | Guidance | Yes (705) |
| Date | Jan 2024 | Nov 2023 | Feb 2025 |
| Advertising Addressed | Yes | No | No |
| Client Consent | Recommended | Circumstantial | Circumstantial |
| Billing Disclosure | Required | Required | Required |
Florida’s attention to advertising and AI chatbots in intake is unique among major state opinions.
Frequently Asked Questions#
Can Florida lawyers use ChatGPT for legal work?
Do I need client consent to use AI in Florida?
Can I use AI chatbots for client intake in Florida?
How should I bill for AI-assisted work in Florida?
Resources#
- Florida Bar Opinion 24-1 - Full text of the advisory opinion
- Florida Rules of Professional Conduct
- Florida Bar Ethics Resources
- ABA Formal Opinion 512 - National guidance on attorney AI use
- AI Hallucinations in Courts - Sanctions cases and verification requirements
Questions About AI Ethics Compliance in Florida?
Florida's Opinion 24-1 provides clear guidance for attorneys using AI, with unique attention to advertising and intake. Understanding your obligations under the Florida Rules of Professional Conduct is essential for compliant AI integration in your practice.
Consult a Legal Ethics Attorney