Florida Supreme Court Updates General Practice Rules to Address AI Usage
Kate Gould, Esq.
June 25, 2026
Reading time: 2 minutes
Despite the now well-known risks of hallucinations, lawyers continue to file pleadings with fake case citations generated by AI. Courts have seemingly had enough, and states, now including Florida, are taking a proactive approach to deter attorneys from filing documents without first verifying the legal authorities cited are real and accurate.
As of June 15, 2026, Florida practitioners must abide by updates to existing court rules the Florida Supreme Court adopted concerning use of artificial intelligence in legal proceedings. The amended rules apply to filings prepared by attorneys and pro se litigants.
Florida courts now require that the signer of any document filed with a Florida court must ensure that “the legal authorities identified exist and are accurately cited.” In other words, if you use AI in the drafting process, you must verify the case citation actually exists. The Court stated that this amendment was necessary “given the demonstrated risks of generative AI and to promote the accuracy and integrity of court filings.” In an amendment to Rule 2.515(d)(2), the Court authorized Florida courts to impose sanctions, including reprimand, contempt, striking of the document, dismissal of proceedings, costs, attorneys’ fees, or other sanctions, for any filing inconsistent with the representation the signer makes under the updated rule.
In its commentary to the rule changes, the Florida Supreme Court advised that such amendments were necessary “to create a statewide, uniform replacement for varied circuit court administrative orders imposing disclosure and certification requirements about the use of artificial intelligence in filings.”
The key takeaway is that lawyers must exercise care when using AI in court filings and legal practice. As the recent Heppner opinion demonstrates, lawyers should also understand how their clients may be using AI, particularly because documents generated through an AI platform may not be protected by the attorney-client privilege or the work product doctrine.
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Turbulence Ahead: Your Client Used AI to Prepare for the Case, and That May Be a Problem
On February 10, 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York decided that documents a defendant made with a consumer AI tool and later gave to his lawyer were not protected by attorney-client privilege or the work product doctrine. The defendant, Bradley Heppner, was indicted for fraud. While awaiting trial, he used an AI platform to prepare reports on his defense strategy and potential legal arguments, then included those 31 documents in his privilege log.
A grand jury indicted Bradley Heppner, an executive of several corporate entities including a publicly traded company, with securities fraud, wire fraud, conspiracy to commit securities fraud and wire fraud, making false statements to auditors, and falsifying corporate records.
Although many state bar associations have issued ethics opinions or offered informal guidance concerning the use of artificial intelligence, the Golden State is setting the pace for other jurisdictions as the first state to seek to codify AI-specific language into its Rules of Professional Conduct. In March 2026, the Standing Committee on Professional Responsibility and Conduct introduced the proposed changes which were developed at the request of the California Supreme Court.
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