⚖️ Florida Bar AI Rules: Guardrails for Legal Practice

NewBits Media
Aug 16
3 min read

Updated: Aug 21

NewBits Digest banner for article on Florida Bar AI Rules, highlighting ethics guidelines, court oversight, and safeguards against deepfakes.

Artificial intelligence is racing ahead — and Florida Bar leaders are working just as quickly to balance its promise with its risks. At a recent meeting in Palm Beach, Board Technology Committee Chair Karl Klein told the Board of Governors that the Bar “pledges to value the technology’s promise and concerns equally.” This marks another step forward in shaping florida bar ai rules.

📌 The Latest Developments

The committee is coordinating the work of multiple AI-related groups, including the Special Committee on Artificial Intelligence Tools & Resources and the Cybersecurity & Privacy Law Committee.

Just days after Klein’s update, OpenAI launched GPT-5, calling it “a PhD-level expert in your pocket.” The upgrade follows GPT-4, which passed a simulated Bar exam in the top 10% of test takers in 2023.

GPT-5 has drawn mixed reviews, with critics citing basic factual errors and instances of generating fabricated evidence to defend mistakes.

📜 Bar Guidelines & Ethics Opinions

In January 2024, the Board of Governors approved the nation’s first comprehensive guidelines for the ethical use of AI in law.

Ethics Opinion 24-1 requires lawyers to obtain informed client consent before disclosing confidential information to third-party AI tools.

AI-related amendments have been added to the comments of key Bar rules — including Competence (4-1.1), Diligence (4-1.3), and Confidentiality (4-1.6).

The Florida Supreme Court approved these amendments last August in In Re: Amendments to Rules Regulating The Florida Bar – Chapter 4 (Case No. SC2024-0032).

⚖️ Judicial Concerns

In February 2024, the Florida Conference of DCA Judges requested rule changes addressing AI use in court filings.

Then-Conference President Judge Mark W. Klingensmith raised alarms after lawyers submitted AI-generated briefs citing non-existent opinions.

A subcommittee of the Rules of General Practice and Judicial Administration Committee is now drafting proposals. If advanced, the Florida Supreme Court will have final authority.

🎭 Deepfakes & Evidence Integrity

Gordon Glover, Chair of the AI Special Committee, has warned that deepfakes pose a direct threat to the “foundational principles of our legal system.”

In October, the Code and Rules of Evidence Committee approved a proposed statutory definition of “generative AI” for Florida’s Evidence Code (§90.951(5)), covering synthetic text, images, audio, and video.

The language parallels AI definitions already adopted in the context of election law.

⏩ What’s Next

The Code and Rules of Evidence Committee will finalize recommendations this November.

Any proposed statute would likely require sponsorship from a voluntary Bar section, since the Bar itself does not take political positions.

💡 Why Florida Bar AI Rules Matter

Florida is at the forefront of AI governance in law, building ethical frameworks and anticipating courtroom risks. But with hallucinations, fake citations, and deepfakes on the rise, both judges and lawyers agree: the legal system’s guardrails need constant reinforcement.

Enjoyed this article?

Stay ahead of the curve by subscribing to NewBits Digest, our weekly newsletter featuring curated AI stories, insights, and original content—from foundational concepts to the bleeding edge.

👉 Subscribe to NewBits Digest

👉 Register or Login at newbits.ai to like, comment, and join the conversation.

Want to explore more?

AI Solutions Directory: Discover AI models, tools & platforms.
AI Ed: Learn through our podcast series, From Bits to Breakthroughs.
AI Hub: Engage across our community and social platforms.

And remember, “It’s all about the bits…especially the new bits.”