As artificial intelligence (A.I.) technologies continue to impact lawyers and their clients worldwide, we encourage all attorneys in Florida to carefully consider the potential legal implications of utilizing these technologies.
Artificial intelligence is not new, but recent developments in generative A.I. technology — such as ChatGPT — have attracted significant cultural attention. This, unfortunately, has led some lawyers to use A.I. in ways that have subjected them to ethical complaints, judicial or professional discipline, and even litigation.
Among the common concerns about lawyers utilizing ChatGPT or other such tools:
- The risk of citing inapplicable or fictitious precedents in litigation
- The strong possibility of receiving or conveying faulty legal information
- Potential breaches of confidentiality when inputting data prompts
- The risk that generative A.I. may in some instances infringe on copyright
- Navigating client expectations about a lawyer’s use of A.I. technologies
As A.I. tools continue to develop, it is likely that litigation, legislation, regulation, ethics opinions, and other such mechanisms will emerge to define the appropriate, ethical, prudent, and lawful utilization of these technologies. Until then, these questions remain in largely uncharted waters, and lawyers are encouraged to exercise extreme caution.
To help you better understand these technologies and their potential implications for your practice and your clients, we are pleased to share the following resources:
AI, Esq.: What Artificial Intelligence and ChatGPT Will Mean for Lawyers and Clients (And How You Can Prepare)
AI Threats to Law Firms in 2023:Understanding and Mitigating Risks
October Is Cyber Security Awareness Month
Get ready with this library of complimentary risk management resources for Florida Lawyers Mutual members, covering all things cyber security for law firms!