Navigating the Future of Legal Writing: Generative AI’s Impact and Ethical Considerations for Attorneys

The Florida Bar's LegalFuel Podcast

In the rapidly evolving world of technology, few innovations have sparked as much curiosity—and controversy—as generative AI. Imagine a tool that can pass the bar exam, draft legal briefs, and redefine the very process of legal writing. But as we look to the future of AI in law, we're faced with profound questions: Can a machine truly understand the law? What happens to concepts like authorship, ethics, and attorney-client privilege in a world where AI is a co-author?

In today’s episode hosts Christine Bilbrey and Jamie Moore welcome Dr. Kirsten Davis, Professor of Law at Stetson University College of Law, and an expert in generative artificial intelligence in legal writing to explore these questions.

Kirsten Davis is a Professor and Provost's Faculty Fellow for Generative Artificial Intelligence and Higher Education at Stetson University College of Law. She earned her JD from Ohio State and a Ph.D. in Human Communication from Arizona State University. Prior to joining the faculty at Stetson Law, she was a federal judicial clerk, an attorney at Jones Day, and a faculty member at the Arizona State University College of Law.

Dr. Davis has served on the board of the Association of Legal Writing Directors and the Legal Writing Institute. She is a past Chair of the Florida Bar's Standing Committee on Professionalism, serves as the Program Co-Chair for the Association of American Law Schools Section on Technology, Law, and Legal Education; as a member of the Legal Writing Institute’s AI Committee; and as a member of the Florida Bar Standing Committee on Technology.

Dr. Davis’s work focuses on the intersection of legal communication and legal ethics. Most recently, she has been studying the impact of generative artificial intelligence on legal communication, legal ethics, and higher education. She is currently leading a group of over 400 law professors who are exploring the impacts of Generative AI on legal writing education and practice. Her course, Legal Writing with Generative AI, was one of the first of its kind to be offered to law students.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 1.0 hour of General CLE credit including 0.5 hour of Technology CLE credit and 0.5 hour of Ethics CLE credit. Course # 8875.

REFERENCED RESOURCES:

· Kirsten K. Davis

o A New Parlor Is Open: Legal Writing Faculty Must Develop Scholarship On Generative AI and Legal Writing [Stetson Law Review]

· Florida Bar Ethics Opinion 24-1

· Florida Bar Special Committee on AI Tools & Resources

· Co-Intelligence: Living and Working with AI [Amazon]

· The Florida Bar Guide to Getting Started with AI

· LegalFuel: The Florida Bar’s Practice Resource Center