Starting June 15, Florida attorneys and people representing themselves in court will need to verify and certify that everything they cite actually exists and is accurate. The Florida Supreme Court recently created new rules to address what legal experts and AI specialists widely recognize as a serious problem: artificial intelligence being misused in courtrooms. The consequences for breaking these rules can be significant, ranging from public reprimands to fines and even suspension from practicing law.
The problem has grown serious enough that Florida's highest court felt compelled to act. Federal Judge William Matthewman, who serves as chief magistrate for the Southern District of Florida, has dealt firsthand with AI misuse in his courtroom. "It's really a problem," he said, explaining that he believes things will likely get worse before they improve. "Unfortunately, I see it getting worse before it gets better. I think the Florida Supreme Court's order will help in Florida, but I unfortunately have seen over the last couple of years that it is growing and growing and growing," Matthewman said. He warned anyone filing court documents to ensure everything is accurate. "I would caution lawyers and parties representing themselves to make sure everything you file in court is accurate, because if not, you could find yourself in hot water," he said.
Recent cases illustrate the scope of the problem. In Polk County, a school district attorney filing a motion in a school bus camera lawsuit included fabricated facts and cited cases that don't exist. The attorney acknowledged using ChatGPT as a research tool but admitted there was no excuse for failing to verify the information before submitting it. The school district said it takes accuracy seriously and is reviewing whether the attorney can continue handling future work. Meanwhile, a St. Petersburg woman faced charges after using AI to create a fake photo of a man she claimed had burglarized and raped her. She later confessed the crime never happened.
Paul Figueroa, a Tampa criminal defense attorney who recently began using AI to streamline his work, emphasizes that the technology is unreliable. He described discovering that a quote AI provided, which seemed perfectly suited to his case, did not actually appear in the cited case. When asked if the new rules are sufficient, Figueroa said they are. "I do. I think it goes far enough for what we know now," he said. As courts work to manage AI's role in legal proceedings, the emphasis remains on human verification and accountability.
