2026-10-31 · AI for local business
Can a Brevard County Law Firm or Accounting Office Use AI Without Breaking Client Confidentiality?
Yes, but with limits. The Florida Bar's Opinion 24-1 says lawyers may use generative AI if they protect client confidentiality, verify the output, and follow advertising rules. Tax preparers fall under the FTC Safeguards Rule, which requires a written security program. Check a tool's data terms before any client information goes in.
What does Florida Bar Opinion 24-1 say?
The opinion, dated January 19, 2024, is advisory and not binding. Its key points:
- Lawyers must research a program's policies on data retention, data sharing, and self-learning.
- It recommends getting the affected client's informed consent before using a third-party generative AI program if confidential information would be disclosed.
- If no confidential information goes to a third party, consent is not required.
- Lawyers must review AI work product and remain responsible for it.
- Chatbots that talk to clients or the public must say they are AI and not a lawyer or firm employee.
- Billing must remain reasonable, with no double-billing.
- Lawyers cannot claim their AI is superior unless the claim is objectively verifiable.
What applies to accountants and tax preparers?
The FTC says its Safeguards Rule covers "financial institutions," including tax preparation firms. It requires a written information security program with a designated Qualified Individual, a risk assessment, access controls, encryption, multi-factor authentication, staff training, and service provider oversight. Under 16 CFR 314.6, firms that keep customer information on fewer than 5,000 consumers are exempt from four provisions: the written risk assessment, the continuous-monitoring or penetration-testing requirement, the written incident response plan, and the Qualified Individual's annual written report. The rest still applies. The IRS says in Publication 4557 that tax return preparers must create and enact security plans.
How big is this field in Brevard County?
Census data for 2023 lists 291 law office locations and 82 accounting (CPA) office locations with paid employees in Brevard County. Of the law offices, 225 had fewer than five employees.
What should a small office do?
- List every AI feature in use, including meeting note-takers and browser add-ons.
- Classify the data each one touches.
- Read each vendor's terms on retention, sharing, and training.
- Get client consent where the rules call for it.
- Verify every AI output before it reaches a client or a court.
- Disclose chatbots as AI on your website.
- Update your written security plan and train staff.
| Office | Anchor document | Key duty |
|---|---|---|
| Law firm | Florida Bar Opinion 24-1 | Confidentiality, review, disclosure |
| Tax preparer | FTC Safeguards Rule; IRS Pub. 4557 | Written security program |
What this won't do
This post does not give legal or ethics advice and covers neither CPA professional standards nor every Bar rule. An opinion is not a rule, and the law keeps changing. Fruxd's free AI Opportunity Snapshot uses only public information, so it needs no client data.
FAQ
Can a Florida lawyer use ChatGPT?
Opinion 24-1 says lawyers may use generative AI if they meet their ethical duties, especially confidentiality.
Do I need client consent to use AI?
The opinion recommends informed consent before using a third-party program with confidential information.
Does the Safeguards Rule apply to my CPA firm?
The FTC lists tax preparation firms among covered financial institutions. Confirm with your advisor.
Can a chatbot take intake on my law firm website?
The opinion warns about overly welcoming chatbots. If you use one, it must say it is an AI program, not a lawyer or employee, and you stay responsible for what it says.
Your next step
Fruxd LLC, an AI studio in Melbourne, FL, offers a free AI Opportunity Snapshot that reviews your public web presence. Request your free AI Opportunity Snapshot.
Sources
Checked 2026-10-31.
- The Florida Bar, Ethics Opinion 24-1: https://www.floridabar.org/etopinions/opinion-24-1/
- FTC, "FTC Safeguards Rule: What Your Business Needs to Know": https://www.ftc.gov/business-guidance/resources/ftc-safeguards-rule-what-your-business-needs-know
- 16 CFR Part 314, Safeguards Rule text (see 314.1(b) and 314.6): https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-314
- IRS, Publication 4557, "Safeguarding Taxpayer Data": https://www.irs.gov/pub/irs-pdf/p4557.pdf
- U.S. Census Bureau, County Business Patterns 2023 (NAICS 541110, 541211): https://www2.census.gov/programs-surveys/cbp/datasets/2023/cbp23co.zip
Written by Fruxd.