Florida Supreme Court creates new rules after AI 'hallucinations'

FORT MYERS, Fla. (WINK)—Florida's Supreme Court just created new rules to fight the flow of false information that's seeping into the judicial system as people increasingly use artificial intelligence to build legal arguments. 

In a May 28 order, the court required attorneys, and anyone representing themselves, to certify that information in legal filings is accurately cited - and actually exists. The court allowed judges to sanction people who break the rule through dismissal of proceedings, attorneys' fees, and more. 

Attorneys and researchers said AI is increasingly common in the legal world. Data management website Rev.com published a survey that finds 71% of defense attorneys said they use artificial intelligence. 

Fort Myers defense attorney Matt DePietro said AI can be used to sharpen arguments, improve writing, and increase productivity. He also cautioned it can  'hallucinate' and generate false information, including non-existent court cases. 

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

The 9th U.S. Circuit Court of Appeals just fined two attorneys for filing briefs that were filled with fake cases created by AI. And two federal judges withdrew recent rulings after lawyers said filings contained inaccurate details or seemingly "hallucinated" quotes. 

"....these tools can be helpful," the Florida Supreme Court wrote. "They also can generate content that appears plausible but is in fact inaccurate, including fabricated or "hallucinated" authorities."

That's why DePietro welcomed the new ruling from Florida's Supreme Court. So did Dr. Chrissann Ruehle, who studies AI ethics at Florida Gulf Coast University. Ruehle, and her husband, Naples attorney Ryan Really, give seminars on the use of AI in the legal system. 

Ruehle said research shows that law firms are introducing AI to improve productivity. She said some research shows case load management can improve between 18% and 32%. 

But if people don't check their work, productivity can actually drop. 

"There's also a term for that," Ruehle said. "We actually refer to that as AI slop."

She said AI has difficulty understanding legal terms and abbreviations. That is why it's important for humans to provide context. 

There are also privacy concerns. In January, the Florida Bar issued an ethics opinion that directs law practices to protect the confidentiality of client information when using artificial intelligence.

Ruehle pointed out that generative AI models train themselves on information shared by users. However that information is not protected by attorney-client privilege.

She said attorneys should disclose AI use to clients. 

Both researchers and lawyers applauded the Supreme Court's decision. They said it's evidence of the legal system regulating itself. 

"It's just another tool, but the concerns are as old as the practice of law itself," Ryan Really said. "You know, making sure things are accurate before candor, before the tribunal."

The new rules go into effect on Monday.