Legal & Ethical Duties
These are the Florida Bar's guidelines or ethical considerations for attorneys using AI?
A) Confidentiality
B) Competence
C) Supervision of AI tools
D) All of the above
D) All of the above. Florida attorneys must maintain client confidentiality (Rule 4-1.6), competence in technology (Rule 4-1.1), and supervise AI-generated work.
This is the major concern with using AI in the criminal justice system:
A) AI is too slow to process legal data
B) AI could reinforce biases in sentencing and bail decisions
C) AI replaces judges entirely
D) None; AI has no impact on the legal system
What is: B) AI could reinforce biases in sentencing and bail decisions.
A major concern with AI in the criminal justice system is that it can amplify existing biases in data used to train algorithms. This can lead to unfair outcomes, especially in areas like risk assessments, bail decisions, and sentencing, where historical data may reflect systemic inequalities.
True or False: AI-powered tools can predict case outcomes based on historical data and legal precedent.
Answer: True
True or False: AI can predict the outcome of Supreme Court cases with over 90% accuracy.
False;
While artificial intelligence (AI) has shown promise in predicting U.S. Supreme Court decisions, achieving over 90% accuracy is not currently supported by evidence. Studies have demonstrated varying levels of predictive accuracy:
A 2017 study achieved approximately 70.2% accuracy at the case outcome level and 71.9% at the justice vote level over nearly two centuries of data.
In the 2002 term, an algorithm correctly predicted 75% of Supreme Court outcomes, outperforming legal experts who had a 59% success rate.
While some advanced models have reported higher accuracies in specific contexts, such as predicting decisions of the U.S. Supreme Court judicial dataset with an accuracy of 92.05%, these results may not be generalizable to all Supreme Court cases.
AI uses this type of learning, where it improves over time by analyzing large amounts of legal data.
Answer: What is machine learning?
Machine learning is a form of artificial intelligence (AI) that enables systems to learn from data, identify patterns, and make decisions without explicit programming. AI uses this to improve tasks like contract review, legal research, and outcome prediction by continuously learning from past data.
True or False: An attorney can use an AI chatbot to provide legal advice as long as the AI clearly states that it is not a lawyer.
False.
According to The Florida Bar's Ethics Opinion 24-1, attorneys must exercise caution when using AI chatbots to provide legal advice, even if the AI clearly states that it is not a lawyer. The opinion warns that such chatbots may inadvertently offer legal advice, fail to identify themselves as non-human, or lack clear disclaimers limiting the lawyer's obligations.
Therefore, merely having the AI state that it is not a lawyer does not absolve attorneys from their ethical duties. Attorneys are responsible for ensuring that any AI tools they employ comply with ethical standards, including proper supervision and clear communication to prevent misunderstandings or unauthorized practice of law.
True or False: AI has the capability to analyze past rulings, judge decisions, and legal trends to estimate the likelihood of success in a case.
Answer: True
AI-powered tools can predict case outcomes by analyzing historical data, legal precedent, court rulings, and other patterns in judicial decision-making. These tools use machine learning algorithms trained on past case outcomes to make informed predictions about similar cases.
However, while they can provide insights and probability estimates, they do not guarantee accuracy—and outcomes can still depend on unique facts, judicial discretion, and evolving legal standards.
These AI-powered tools like Westlaw and LexisNexis attorneys use to help with this important part of case preparation.
What is: Legal research.
AI tools can assist lawyers in choosing a jury by analyzing public data for this type of personal opinion.
What is: Bias
AI tools can assist lawyers during jury selection by analyzing public records and other data sources to detect potential biases in prospective jurors. These tools may identify patterns in a juror's background that suggest a predisposition for or against certain issues, which can influence their impartiality.
"Machine learning" enable AI systems to do what in legal research tools?
A) Memorize one answer forever
B) Automatically update laws
C) Improve performance based on past data
D) Interpret emotions in court
What is: C) Improve performance based on past data.
Machine learning allows legal AI tools to get better at tasks like document classification, drafting, and case outcome prediction as they analyze more data over time.
True or False: Lawyers using AI must ensure that client confidentiality is protected, including researching AI programs' data retention policies.
True. According to Rule 4-1.6 of the Rules Regulating the Florida Bar, attorneys must make reasonable efforts to prevent in inadvertent or unauthorized disclosure or access to confidential client information. Further, Rule 4-1.1 states that a lawyer’s duty of competence requires an understanding of the benefits and risks associated with the use of technology. Therefore, attorneys must verify how AI programs handle data and “self-learning” in order to prevent unauthorized disclosure of confidential information.
This is the risk that AI pose to judicial discretion if over-relied upon:
A) Increased efficiency
B) Erosion of independent judgment
C) Higher accuracy in rulings
D) Reduced caseload backlog
What is: B) Erosion of independent judgment.
Over-reliance on AI in judicial decision-making can undermine a judge’s independent judgment, leading to decisions that prioritize algorithmic recommendations over human discretion and context. This raises concerns about fairness, transparency, and accountability in the justice system.
AI can scan thousands of cases in seconds, saving lawyers time when looking for these past court decisions.
What are: Precedents.
Lawyers must check AI-generated research carefully to avoid citing this, which refers to fake legal cases.
AI case “hallucinations.”
Lawyers must carefully review AI-generated research to avoid citing AI case "hallucinations", which are fake or non-existent legal cases created by the AI. These hallucinations may appear legitimate but have no legal basis, and citing them can undermine credibility and lead to sanctions or court penalties.
Several incidents have highlighted this issue:
In the Federal case Mata v. Avianca, attorneys were sanctioned for submitting AI-generated filings with fake case citations.
In People v. Crabill, a lawyer was suspended for one year and a day / 90 days to be served and remainder stayed upon completion of two-year probation when the attorney used ChatGPT to make up cites, discovered the problem before the hearing and failed to notify the judge, and then blamed an intern.
AI legal research tools understand and process human language using this type of technology.
Answer: What is natural language processing?
Natural Language Processing (NLP) is a type of AI technology that enables computers to understand, interpret, and respond to human language. In legal research tools, NLP helps the AI read and analyze legal documents, search for relevant cases, and interpret legal queries as if a human were doing it.
According to Florida Bar rules, this is how lawyers should bill for AI-assisted legal work?
A) Lawyers may charge for AI-assisted work as long as the fees are reasonable.
B) Lawyers must offer AI-generated legal services for free.
C) Lawyers should charge AI-related expenses as a separate line item without informing clients.
D) Lawyers may bill AI usage fees regardless of actual time spent.
What is:
A) Lawyers may charge for AI-assisted work as long as the fees are reasonable.
According to Florida Bar Ethics Opinion 24-1, lawyers are permitted to charge clients for AI-assisted legal services, provided that the fees are reasonable and comply with applicable ethics and advertising regulations. The opinion emphasizes that lawyers must ensure that the use of AI does not lead to improper billing practices, such as double billing, and that any charges related to AI usage should reflect the actual time and resources expended.
This is the primary concern for Florida judges using AI to summarize case law:
What is: B) Accuracy and transparency of outputs.
Florida judges are primarily concerned with ensuring that AI-generated case law summaries are both accurate and explainable, so they can be trusted in judicial decision-making.
This is the key benefit of using AI in courts:
A) Eliminating all human roles
B) Reducing administrative workload
C) Guaranteeing unbiased rulings
D) Replacing legal research entirely
What is: B) Reducing administrative workload
The primary benefit of using AI in courts is its ability to streamline administrative tasks, thereby enhancing efficiency and allowing legal professionals to focus on more complex responsibilities. AI tools assist in managing case backlogs, automating routine processes, and improving overall court operations .
While AI can aid in legal research and decision-making, it is not intended to replace human roles entirely or guarantee unbiased rulings. Instead, it serves as a tool to support and augment the work of legal professionals.
True/False: AI bias is explicitly regulated by a Florida statute.
Answer: False
AI bias refers to systematic and unfair discrimination that occurs when an AI system produces outcomes that favor or disadvantage certain groups. This typically happens because the AI learns from historical data that may reflect existing human or societal biases.
As of now, Florida does not have a statute that explicitly regulates AI bias. While the state has enacted laws addressing AI in specific contexts—such as requiring disclaimers on political advertisements created with generative AI (e.g., HB 919) and proposing definitions for generative AI in legal evidence —there is no comprehensive legislation that directly addresses or regulates bias in AI systems.
What is "natural language processing" (NLP) used for in legal AI?
A) Enforcing contracts
B) Drafting judicial opinions
C) Understanding and analyzing legal text
D) Programming robots
Answer: C) Understanding and analyzing legal text. NLP enables tools like Westlaw and Lexis+ AI to interpret plain-language queries and match them with relevant statutes or case law.
These Florida ethics rule could be violated if an attorney over-relies on AI without human review?
What are: Rule 4-1.1 (Competence); Rule 4-1.6 (Confidentiality); Rule 4-5.3 (Responsibilities for Nonlawyers).
Attorneys using AI must comply with Rule 4-1.1 (Competence) by understanding and supervising the technology;
Rule 4-5.3 (Nonlawyer Assistance) by treating AI like a nonlawyer assistant requiring oversight;
and Rule 4-1.6 (Confidentiality) by ensuring client information remains secure and protected from unauthorized disclosure. Over-reliance on AI without proper human review could violate all three ethical obligations.
This is the task that is NOT an appropriate AI application in courts:
A) Case scheduling
B) Legal research
C) Final sentencing decisions
D) Transcription
What is: C) Final sentencing decisions.
AI can assist with administrative tasks like case scheduling, legal research, and transcription, but final sentencing decisions must be made by a human judge. Delegating such decisions to AI would raise serious ethical, legal, and constitutional concerns—particularly regarding due process, transparency, and accountability.
This Florida court has implemented AI-powered tools to assist with website navigation and case management:
A) Florida Supreme Court
B) Miami-Dade Circuit Court
C) Broward County Court
D) All of the above
What is: B) Miami-Dade Circuit Court.
Miami-Dade Circuit Court has introduced SANDI (Self-Help Assistant Navigator for Digital Interactions), an AI-powered digital assistant that helps users navigate the court’s website, access case details, and find virtual hearing information. Additionally, the court has implemented courtMAP, an online case management system for scheduling and electronic filings.
True/False: Open-source AI systems are proposed as a solution to improve transparency in legal applications.
Answer: True
When AI is used in the legal field (e.g., analyzing case law, recommending decisions), people worry about transparency — meaning:
How does the AI make decisions?
Can we see its reasoning?
Can we audit it for fairness or bias?
Open-source AI systems are ones where the code, model, and sometimes the training data are publicly available. This visibility allows:
Judges, lawyers, and regulators to inspect the AI.
Independent experts to verify it’s working fairly and lawfully.
The public to have more trust in how it's being used.
Which of the following best describes "hallucination" in AI-generated legal content?
A) Predicting a ruling
B) Highlighting existing precedent
C) Creating false or non-existent information
D) Misinterpreting a statute
C) Creating false or non-existent information.
An AI case hallucination occurs when an AI system, like a legal chatbot or writing tool, generates a case citation or legal authority that sounds real but doesn’t actually exist.
This can happen when the AI fills in gaps with plausible-sounding but fabricated information, leading to serious consequences if used in legal filings without verification.