What Florida Bar Ethics Opinion 24-1 says about confidentiality, accuracy, fees, advertising, and AI chatbots.
What Opinion 24-1 covers
Florida Bar Ethics Opinion 24-1, approved in January 2024, says lawyers may use generative AI while protecting confidential information, providing competent and accurate services, avoiding improper billing, and complying with lawyer-advertising restrictions.
Confidentiality comes first
The opinion directs lawyers to research a tool’s data retention, data sharing, and self-learning policies. It recommends obtaining an affected client’s informed consent before using a third-party generative AI program if the use would disclose confidential information.
Lawyers must verify the output
The lawyer remains responsible for work product and professional judgment. AI output should be checked for legal and factual accuracy before it's relied on or shared.
Billing must reflect reality
Generative AI doesn't justify double billing or charging for time not actually spent. Fees must remain reasonable under the applicable rules even when technology changes the time required.
AI chatbots need disclosure
Opinion 24-1 says a generative AI chatbot communicating with clients or third parties must disclose that it's an AI program and not a lawyer or law-firm employee.
A practical Florida checklist
- Approve the tool and account type.
- Review vendor data practices before entering information.
- Determine whether client consent is required.
- Verify every substantive output.
- Supervise staff use.
- Review billing treatment.
- Apply advertising rules to public-facing AI.
- Use clear chatbot disclosure.
The opinion is advisory rather than binding and doesn't replace the Rules Regulating The Florida Bar or fact-specific analysis.
This article is general marketing and technology information, not legal advice. Rules, products, and platform practices change; confirm current requirements for your firm and jurisdiction.