The Florida Bar is asking members to help shape potential ethics guidance on newer uses of artificial intelligence, including agentic tools and systems that record, transcribe or summarize communications. Its October 15 public notice schedules consideration by the Board Review Committee on Professional Ethics for December 10, from 1 to 3 p.m., at the Omni Amelia Island.
No draft was available when the notice was issued. The listed subjects also include guidance lawyers give clients about AI and possible updates to Florida Ethics Opinion 24-1. The announcement opens a consultation; it does not establish that the committee has adopted a new opinion or changed a professional-conduct rule.
The notice asks Florida Bar members to submit comments identifying the proposed AI guidance and clearly describing the issues they want considered. Members may propose conclusions. Written submissions must be postmarked by December 1 and can be directed to Jonathan Grabb, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300. The notice also provides an email submission link.
The existing 2024 opinion permits lawyers to use generative AI while addressing confidentiality, competent and accurate work, billing and advertising. It is advisory, and it leaves professional responsibility with the lawyer using the technology. Those subjects provide the starting point for the latest discussion rather than disappearing because a tool has become more capable.
On confidentiality, the opinion discusses informed consent and reasonable safeguards against disclosure of client information. On oversight, it says lawyers must review AI work and verify the accuracy and sufficiency of research. The concern is consequential in legal practice, where a convincing answer can still contain unsupported authorities or statements.
The opinion also addresses fees: greater efficiency does not justify inventing billable time, and charges for AI must remain reasonable and avoid duplication. Its treatment of client-facing chatbots emphasizes the risk of misleading people about whether they are speaking with a lawyer and what relationship their interaction creates.
The Bar’s published ethics procedures explain how that guidance is developed. The board may refer an issue to its review committee, which develops the relevant facts, gives notice, receives comments and considers a written advisory opinion. Initial notices identify the subject and any proposed text available; adopted opinions must be published with their text.
The procedures distinguish advisory opinions from amendments to the Rules Regulating The Florida Bar. They describe opinions as advisory and say the opinion process should not be used to circumvent the procedures for changing rules. Readers should therefore avoid treating a possible December discussion as a new binding requirement.
The immediate opportunity is for members to identify specific practical problems before the committee settles on language. This report relies on the Bar’s notice, existing opinion and procedural records. It does not predict the committee’s decision or provide advice about an individual lawyer’s use of AI. Members should check the notice for submission instructions and later agenda or draft updates.
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Feature image: AI-generated illustration; it does not depict an actual law office or AI system.
