If you have clients who you represent in court in South Florida – and you use or might consider using AI to help prepare documents for the record – you need to be aware of two administrative orders issued in January.
Circuit courts in Broward and Miami-Dade counties are now requiring lawyers and litigants who represent themselves in court to disclose whether documents submitted to the court are AI-generated and to certify their accuracy.
Failure to comply with the orders could result in penalties from the striking of the pleadings to monetary sanctions, contempt proceedings or disciplinary referral.
“Any attorney or self-represented litigant who uses any generative artificial intelligence tool in the preparation of a pleading, motion, memorandum, response, proposed order, or other court record, must disclose such use on the face of the filing,” the 11th Circuit order states in part.
The order lists a required certification that must appear on AI-generated court submissions:
“Generative artificial intelligence was used in the preparation of this filing. The undersigned certifies that all factual assertions, legal authority, and citations have been independently reviewed and verified for accuracy and accepts full responsibility for the contents of this filing.”
In Broward County, the order states, in part, that “When AI has been used or assisted in the use of preparation, researching, drafting pleadings, drafting documents, filing documents, and/or discovery requests, the document shall identify the specific tool used in such manner.”
In addition to disclosure, the order requires that all AI-generated content must be reviewed for accuracy, and include, on its face, the following:
“The undersigned herby certifies that generative artificial intelligence was used to prepare this [TITLE OF DOCUMENT BEING FILED]. The undersigned has independently verified the accuracy of every citation to the law and /or the record, and the accuracy of any language drafted by generative artificial intelligence, including quotations, citations, paraphrased assertions, facts, and legal analysis.”
Failure to comply with the order in the 11th Circuit could lead to sanctions that include striking of the filing; denial of requested relief; monetary sanctions; contempt proceedings; referral to The Florida Bar or other appropriate authority; and any other sanction deemed appropriate by the Court.”
Failure to comply in the 17th Judicial Circuit could lead to sanctions that include, “contempt; striking of pleadings or dismissal of action; fines and/or the imposition of attorney’s fees; and referral to The Florida Bar for disciplinary proceedings.”