Smith, Tozian, Daniel & Davis, P.A.

02/29/2024

The Florida Bar released opinion 24-1 last month clarifying that generative AI is permissible in the practice of law, but cautioning lawyers to protect confidential information, provide accurate and competent services, avoid improper billing practices, and comply with applicable advertising restrictions. A common pitfall of generative AI is its ability to “hallucinate” or create “inaccurate answers that sound convincing.” Lawyers remain responsible for their work product and must develop policies for overseeing generative AI use to guard against false citations and inaccurate information. The Bar further recommends:

· Obtaining client’s informed consent before utilizing an AI program if the utilization requires disclosing any confidential information.

· Employing utmost caution when utilizing an overly welcoming generative AI chatbot that may fail to identify itself as a chatbot, provide legal advice, or fail to provide appropriate disclaimers.

· Including screening questions that limit a chatbot’s communications if a person is already represented by another lawyer.

· Considering the adoption of contingent fee arrangements or flat billing rates for certain services that generative AI programs make more efficient.

· Informing clients in writing of the lawyer’s intent to charge a client the actual cost of using generative AI.

To read the full opinion, visit

Lawyers may use generative artificial intelligence (“AI”) in the practice of law but must protect the confidentiality of client information, provide accurate and competent services, avoid improper billing practices, and comply with applicable restrictions on lawyer advertising. Lawyers must ensu

02/21/2024

Wonderful opportunity for the legal community to support our local Ronald McDonald Houses, who rely on donations to aid families with hospitalized young ones. Grab some tickets or a sponsorship and come join in on the fun!

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02/13/2024

Donald Smith and Scott Tozian have again been listed as two of the 2024 Tampa Bay Top Lawyers by Tampa Magazine in the area of Ethics & Professional Responsibilities Law.

10/06/2023

GREAT NEWS: "Ethics News for Florida Lawyers" has been re-recorded and is available to buy in online seminar (on-demand) and downloadable audio formats. Course number 7674 is approved for 1 CLE, all of which may be applied toward Ethics: bit.ly/SSF_7674.

Keeping abreast of Florida legal ethics requires monitoring rule changes, ethics opinions, case law, and disciplinary actions. In this webinar, Timothy P. Chinaris, law professor, legal ethics lawyer, and former Florida Bar Ethics Director, will help busy lawyers by highlighting ethical developments that may be important to them. Learn what’s new in conflicts of interest, confidentiality, attorney’s fees, disciplinary sanctions, and more. This session will also peek into the future, especially at nonlawyer practice and artificial intelligence.

09/12/2023

Smith, Tozian, Daniel & Davis, P.A. is proud to announce the hiring of Timothy P. Chinaris, Of Counsel. Tim brings 30+ years of experience and knowledge in Legal Ethics and has worked in several roles including as the Ethics Director of The Florida Bar, Ethics Committee Chairman, Expert Witness, Ethics Professor, and currently as the President of the Florida Supreme Court Historical Society. Welcome to the team, Tim!

08/15/2023

A referee has determined that lawyer Jennifer Perez didn’t violate ethics rules but concluded that she should be required to take ethics training on lawyer advertising rules. Photos from the Florida Bar's Nov. 17, 2022, petition.

08/08/2023

Partner Debbie Davis will be joined by former Orlando Bar counsel Keshara Cowans and current Chair of the Florida Board of Bar Examiners, Rachelle Munson as they discuss “Expectations from the Bar & Pitfalls to Avoid” at the Florida A&M College of Law Orlando campus today. This panel presentation is part of Professionalism Day at FAMU and is designed to provide incoming law students with practical insights on how to exemplify professionalism as a lawyer.

07/05/2023

Congratulations, Tim!!

The Florida Supreme Court Historical Society’s Board of Trustees elected law professor Timothy P. Chinaris of Rockledge president. The FSCHS also installed other Florida Bar members as leaders and trustees at its annual business meeting during The Florida Bar Annual Convention in Boca Raton. China...

07/03/2023

Did you know the Florida Supreme Court amended several regulations regarding lawyer advertising? See below for updates to the rules regulating disclaimers, certification disclaimers, presumptively valid content, direct mail communications, and qualifying providers.