AI Ethics in Legal Intake: A Practical Framework for Florida Trial Lawyers

Florida trial lawyers navigate a complex medical malpractice framework: a 2-year statute of limitations, pre-suit investigation requirements including a 90-day notice period (Fla. Stat. § 766.106), damage caps of $500K/$1M (Fla. Stat. § 766.118), and a pure comparative fault system. AI-powered intake must be guided by the Florida Bar Rules of Professional Conduct.

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1. Client Confidentiality (Fla. Bar R. 4-1.6)

Florida Rule 4-1.6 requires lawyers to maintain client confidences. AI platforms must encrypt all PHI at rest and in transit (AES-256 + TLS 1.3), prohibit model training on client data, provide signed BAAs for medical record handling, and maintain complete audit trails of all data processed through the system.

2. Competence (Fla. Bar R. 4-1.1)

Rule 4-1.1 demands competent representation, including technological competence. Florida firms must establish protocols to verify AI-generated findings, understand system limitations, and train staff on proper AI-assisted intake workflows. LexiFlow's citation-backed outputs support this oversight.

3. Pre-Suit Investigation & the 90-Day Notice

Florida's pre-suit process under Fla. Stat. § 766.106 requires a 90-day notice of intent before filing. During this period, attorneys must investigate the claim and obtain a corroborating expert affidavit. AI-powered medical chronology and merit analysis can accelerate this investigation — identifying standard-of-care deviations, quantifying damages, and preparing the evidentiary foundation for the required expert opinion within the tight pre-suit window.

4. Damage Caps & Case Valuation Under $500K/$1M

Florida's tiered cap system ($500K per practitioner, $1M per facility) makes precise early case valuation critical. AI intake can estimate damages at the first touchpoint, ensuring firms prioritize cases with recovery potential under the cap structure and efficiently allocate pre-suit investigation resources.

5. Supervision (Fla. Bar R. 4-5.3)

Florida firms must implement written AI use policies, train non-lawyer personnel, maintain quality controls, and ensure attorney oversight of all AI-assisted work product. The supervising attorney bears ultimate responsibility for ethical compliance.