Florida Bar's AI Ethics Opinion 24-1: Key Rules for Legal Practice
On January 19, 2024, the Florida Bar Board of Governors unanimously approved Ethics Opinion 24-1, providing non-binding guidance on the ethical use of generative artificial intelligence (AI) in legal practice. For solo and small law firm attorneys practicing in Florida, AI offers significant efficiency benefits but comes with ethical challenges that must be carefully navigated. This practical guide outlines the core ethical requirements from Florida's Opinion 24-1, tailored specifically for Sunshine State practitioners seeking straightforward, actionable guidance that aligns with the Rules Regulating the Florida Bar.
Client Confidentiality Under Florida Bar Rules
Rule 4-1.6 of the Florida Bar Rules mandates preventing unauthorized disclosure of client information when using AI tools. To maintain client confidentiality in your practice:
- Research AI providers thoroughly - Investigate data retention, sharing, and self-learning policies to ensure Florida client data security
- Obtain informed consent - Get client permission before using third-party AI tools that access confidential information
- Consider in-house solutions for your firm - Where possible, deploy in-house AI to minimize reliance on external providers
- Verify security measures - Confirm providers have enforceable confidentiality obligations and will notify you of data breaches
- Limit information sharing - Only provide AI tools with information necessary for specific tasks
Clearbrief helps maintain confidentiality with SOC 2-certified secure document storage and optional "Bring Your Own Storage" functionality that keeps sensitive Florida client data under your control while still leveraging AI capabilities.
Maintaining Competence with AI Under Florida Bar Standards
Rule 4-1.1 of the Florida Bar requires attorneys to provide competent representation, which extends to AI use. The now-infamous Mata v. Avianca case (2023) where attorneys were sanctioned for AI-fabricated citations demonstrates the risks of unchecked AI use. To maintain competence in your Florida practice:
- Understand AI limitations - Educate yourself on AI tools' capabilities and weaknesses when applied to Florida legal matters
- Verify all outputs - Thoroughly review AI-generated work products, especially citations to Florida statutes and case law
- Create verification checklists - Establish protocols for confirming AI outputs' accuracy
- Avoid over-reliance on AI for Florida legal analysis - Don't delegate core legal functions requiring professional judgment
- Start with low-risk applications - Begin AI integration with routine tasks before progressing to complex ones
Clearbrief's Citation Checker helps maintain competence by automatically verifying citations to Florida statutes and case law against trusted sources, preventing "hallucinations" that could lead to sanctions and malpractice issues.
Supervision Standards for Florida Practitioners
The Florida Ethics Opinion 24-1 treats AI tools similarly to non-lawyer assistants under Rule 4-5.3(a), requiring proper supervision. To effectively oversee AI use in your Florida firm:
- Develop clear AI policies - Create firm-wide guidelines for acceptable AI use in accordance with Florida Bar rules
- Monitor AI interactions with Florida clients - When AI tools like chatbots interact with clients, ensure they identify as non-human
- Prohibit unauthorized practice in Florida - Prevent AI from performing tasks constituting the practice of law without attorney oversight
- Review all AI work product - Just as with paralegals, Florida attorneys remain responsible for outputs
- Document verification processes - Maintain records of AI oversight procedures
Clearbrief supports proper supervision by providing transparent source linking that simplifies verification of AI-generated content against original Florida legal sources, making oversight more efficient.
Ethical Billing Practices in the Sunshine State
Rule 4-1.5 of the Florida Bar prohibits unreasonable fees and requires transparency about AI-related costs. To maintain ethical billing practices for your Florida clients:
- Charge reasonable fees - Ensure charges reflect actual value provided, not inflated costs from AI use
- Disclose AI use in writing - Inform Florida clients about AI use and any associated costs in engagement letters
- Treat subscriptions as overhead - When AI costs can't be attributed to specific clients, treat them as firm overhead
- Consider alternative fee structures - Flat fees or contingent arrangements can help share AI efficiency benefits with clients
- Never double-bill clients - The Florida Bar v. Carlon case cautions against improper billing practices
Clearbrief's integration with time-tracking tools ensures transparent billing that reflects the actual work performed, helping maintain compliance with Florida's ethical billing requirements.
Florida Advertising Compliance with AI Tools
Subchapter 4-7 of the Florida Bar Rules extends advertising rules to AI-driven communications like website chatbots. To ensure compliance in your Florida practice:
- Require clear AI identification - Chatbots must identify as non-human and include disclaimers
- Avoid misleading claims to Florida consumers - Any advertising about AI capabilities must be objectively verifiable
- Prevent unintended attorney-client relationships - Monitor AI interactions to avoid inadvertently creating relationships under Florida law
- Include screening questions - Limit AI interactions with visitors already represented by other Florida attorneys
- Review AI communications - Regularly check AI-generated content for accuracy and compliance with Florida Bar rules
Implementing Practical AI Safeguards for Florida Small Firms
Small firms practicing in Florida can implement these practical measures to ensure ethical AI use:
- Create a one-page AI policy referencing Florida Bar Opinion 24-1 - Develop a straightforward guide for your firm
- Schedule quarterly reviews of Florida Bar guidance - Regularly update your knowledge of ethics updates
- Designate an AI lead familiar with Florida rules - Assign one person to oversee AI tool evaluations
- Use legal-specific AI tools with Florida capabilities - Prioritize platforms designed for legal practice
- Document verification steps - Keep records of how AI outputs are checked against Florida legal sources
Clearbrief simplifies ethical AI implementation for Florida small firms through features like Mistake Detection, which automatically flags potential errors in AI-generated documents before they reach clients or Florida courts.
Conclusion
The Florida Bar Ethics Opinion 24-1 provides a practical framework for ethically integrating AI into legal practice while maintaining professional standards. By focusing on client confidentiality, competence, supervision, fair billing, and advertising compliance, Florida solo and small firm attorneys can harness AI's efficiency benefits while upholding ethical obligations.
As AI technology evolves, attorneys practicing in the Sunshine State must remain vigilant about staying informed through continuing legal education and consulting updated Florida Bar guidance. By implementing specific verification procedures and using legal-specific tools like Clearbrief that assist with verification, citation checking, and document security, Florida small firms can confidently navigate the ethical challenges of AI adoption while remaining competitive in the state's rapidly changing legal landscape.
