Florida Supreme Court sets new AI rules for attorneys in court

FORT MYERS, Fla. (WINK)—The Florida Supreme Court created new rules about how attorneys can use artificial intelligence.

WINK News looked through legal filings and sat down with experts to learn what this means. According to both artificial intelligence and actual attorneys, AI can be used for a lot, like improving an argument and doing research, but AI can make mistakes, and that can lead to serious consequences in the courtroom.

For defense attorney Matt DiPietro, the question isn't whether you should use AI. It's how.

"It can be a really good tool, but what you don't want it to do is just replace your own work," DiPietro said.

That's why he welcomes a new ruling from the Florida Supreme Court that requires attorneys to certify their legal filings are accurate. A survey from data management company Rev.com finds 71% of defense attorneys use AI, but it's not always accurate.

"We actually refer to that as AI slop," Dr. Chrissann Ruehle said.

Ruehle studies AI ethics at Florida Gulf Coast University. Ruehle and her husband, a Naples attorney, give presentations on the use of AI in the legal system.

They say artificial intelligence can hallucinate, creating fake court cases and precedents that wind up in court. Ryan Ruehle, an attorney, explained the implications.

"The so what here is that you don't need to be wasting the court's time, because they're going to check the work," Ryan Ruehle said.

A U.S. appeals court in San Francisco fined two attorneys for filing briefs that were filled with fake cases created by AI. The new ruling from Florida's Supreme Court allows judges to do the same, sanctioning attorneys that use AI to create non-existent cases, quotations or legal analysis.

"It's definitely the right decision," DiPietro said.

Attorneys and researchers say AI isn't going anywhere and that it can significantly improve productivity. Now, the courts are working to keep up and make sure that it's also used accurately.

"That's actually a really good step towards building trust in the technology," Dr. Chrissann Ruehle said.