Formal Advisory Opinion Request to Florida Bar Unlicensed Practice of Law Documents
| Tracking # |
W012898-110723 W012165-042523 |
| Submitted | April 23, 2023 |
| Est. Completion | None |
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Communications
From: Michael Locke
To Whom It May Concern:
Pursuant to the Florida Sunshine Law, I hereby request the following records:
Any and all records created pursuant to the request for a formal advisory opinion submitted on 4/23/2023 to the Florida Bar’s Unlicensed Practice of Law listed below:
I am writing to request a formal advisory opinion on whether pro se use of Casetext's CoCounsel would constitute the unlicensed practice of law.
Casetext's CoCounsel is a legal AI assistant that can perform various tasks, such as document review, legal research memos, deposition preparation, and contract analysis. According to a study by Casetext and Stanford CodeX, GPT-4 scored approximately 297 points on the UBE, which is higher than the passing threshold for all UBE jurisdictions. This score places GPT-4 in the 90th percentile of test-takers.
I am a pro se litigant who is interested in using Casetext's CoCounsel to prepare and file legal documents for my case. I understand that Casetext's CoCounsel does not provide legal advice or representation, and that I am solely responsible for the accuracy and legality of my documents.
However, I am concerned that using Casetext's CoCounsel may be considered the unlicensed practice of law under Rule 10-2.1 of the Rules Regulating The Florida Bar, which defines the practice of law as "the giving of legal advice or legal assistance to another person". I am also aware that Rule 10-9.1 allows the Standing Committee on Unlicensed Practice of Law to issue proposed formal advisory opinions concerning activities which may constitute the unlicensed practice of law.
Therefore, I respectfully request that the Standing Committee on Unlicensed Practice of Law issue a formal advisory opinion on whether pro se use of Casetext's CoCounsel would constitute the unlicensed practice of law in Florida.
Thank you for your time and attention.
Sincerely,
Michael Locke
127 Delvalle St.
Melbourne Beach, FL 32951
Mbl22885@msn.com
(321)506-9557
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Michael Locke
From: Florida Bar Unlicensed Practice of Law Department
--- Please respond above this line ---
April 25, 2023
Mr. Michael Locke 127 Delvalle Street Melbourne Beach FL 32951
Public Records Request: W012165-042523 of 4/25/2023 Record Type: General/Multiple Requests Records Request Description: Any and all records created pursuant to the request for a formal advisory opinion submitted on 4/23/2023 to the Florida Bar’s Unlicensed Practice of Law by myself
Mr. Michael Locke: The Florida Bar acknowledges receipt of your public record request dated April 24, 2023, and I am responding in accordance with Rule 2.420, Florida Rules of General Procedure & Judicial Administration, and applicable law.
The Florida Bar has searched its records and has located the documents that meet the parameters of your request, which are accessible through the link provided below.
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely,
Rick Courtemanche Deputy General Counsel
rcourtemanche@floridabar.org 850-561-5788
To review your request or download any associated files; please login to the Public Records System using this email address. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFv4ZScFktqCM2a1NqJjoNmxwovhKw870Wl9ObOMkfGGlNkOdTT53jImp7bzZ5x3-2BLT5lsIx65seMYtSpZdq2imaMPdesyBbCZP6TYwRK5z8wdWMV_fzq2HkmhcPwEq3ci3SLfk5Swd8extwA5PPGdzYjQ8nrp3v8cPjQNDj-2FppoxdKkf8JD9HwtmQxuJnqmORGjQF5wxLlE2EsU-2BagUQ8F9CiTp2UEtunmEgWJ07sGGKSKCn3XGNd1Lfb6tdQW-2BRS9ioaPYfwJt6KzCxnHrCI3bF3EY5oYFAK79mWGNQaJuju3jr87mXg9I9FV9w-2FxTH6sWylRtOumkMsfSYHSo-2F5mMLzsv-2Fgp0Et1U9QmChG0NZBJ1Jk5u29BO5N3YXlhVjA5-2BpW-2BZChyB9XacaFqjhwReDyfNLlVK6ACZb3WY9wNRvU-2FN58-2BU-2FmNeFbRJB1lx22s2nZ05XHQLTPmc-2B5fq-2FEtsaZ-2FDlgBQHRyghajzoOgtITpr-2FvV7UxbaRdhhyQ3zYG6M4YVw-3D-3D)
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure.
From: Michael Locke
Thank you for the prompt response, no pun intended. If this request could remain open until my request for a formal advisory opinion is closed, I’d greatly appreciate it.
From: Florida Bar Unlicensed Practice of Law Department
--- Please respond above this line ---
April 27, 2023
Mr. Michael Locke 127 Delvalle Street Melbourne Beach FL 32951
Public Records Request: W012165-042523 of 4/25/2023 Record Type: General/Multiple Requests Records Request Description: Any and all records created pursuant to the request for a formal advisory opinion submitted on 4/23/2023 to the Florida Bar’s Unlicensed Practice of Law by myself Mr. Michael Locke:
In response to your e-mail from this morning, the judicial rules and Florida law do not provide for "open" or "standing" requests. I suggest that you wait until you are contacted by UPL counsel with a response to your request.
Sincerely,
Rick Courtemanche Deputy General Counsel
rcourtemanche@floridabar.org 850-561-5788
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure.
From: Michael Locke
Do either the Florida Rules of Judicial Administration or Florida statutes specifically state that “open” or “standing” requests are not allowed?
From: Michael Locke
Hello,
Do you mind confirming the attached document amounts to the full public record of my communication with the Florida Bar UPL department?
From: Florida Bar Unlicensed Practice of Law Department
--- Please respond above this line ---
May 10, 2023
Mr. Michael Locke 127 Delvalle Street Melbourne Beach FL 32951
Public Records Request: W012165-042523 of 4/25/2023 Record Type: General/Multiple Requests Records Request Description: Any and all records created pursuant to the request for a formal advisory opinion submitted on 4/23/2023 to the Florida Bar’s Unlicensed Practice of Law by myself Mr. Michael Locke:
The Florida Bar acknowledges receipt of your correspondence dated May 9th.
I do not understand why you would send us apparently unrelated/irrelevant correspondence to supplement a request for an advisory opinion. The only relevant part of the record would be your request and the response from the head of UPL, which you already have.
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely, Rick Courtemanche Deputy General Counsel
rcourtemanche@floridabar.org 850-561-5788
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure.
From: Michael Locke
Hello,
Pursuant to the Florida Sunshine Law, I hereby request the following records:
All public records pertaining to discussion of “ …whether legal advice provided by generative AI 'could be considered the unauthorized practice of law'…” by the Florida Bar’s Special Committee on AI Tools & Resources.
From: Florida Bar Unlicensed Practice of Law Department
--- Please respond above this line ---
November 07, 2023
Mr. Michael Locke 127 Delvalle Street Melbourne Beach FL 32951
Public Records Request: W012898-110723 of 11/7/2023 Record Type: General/Multiple Requests Records Request Description: All public records pertaining to discussion of “ …whether legal advice provided by generative AI 'could be considered the unauthorized practice of law'…” by the Florida Bar’s Special Committee on AI Tools & Resources. Mr. Michael Locke:
The Florida Bar acknowledges receipt of your public record request dated November 07, 2023, and I am responding in accordance with Rule 2.420, Florida Rules of General Procedure & Judicial Administration, and applicable law. Please send all communication regarding this request to my attention. We have reviewed the files in our office that are reasonably likely to include the documents you have requested and we have found none.
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely, Rick Courtemanche Deputy General Counsel
rcourtemanche@floridabar.org 850-561-5788
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail communications may therefore be subject to public disclosure.
From: Michael Locke
Hello,
I’m making this request through a website called “muckrock.”
I only have so much control over who the request is directed to, but I submitted a help ticket to have further correspondence directed to you, and as I understand it, any further communication will go to your e-mail.
As I understand it, the individuals making up the Florida Bar’s Special Committee on AI Tools & Resources are private practice attorneys, using their private practice e-mails, which would make any e-mails relating to Florida Bar business public records.
You said “We have reviewed the files in our office that are reasonably likely to include the documents you have requested and we have found none.” I’m guessing you weren’t including the private practice e-mail addresses of Florida Bar’s Special Committee on AI Tools & Resources members?
Michael Locke
From: Florida Bar Unlicensed Practice of Law Department
Mr. Locke:
The Bar is not the “custodian” of the records of the attorneys on the committee. You may wish to request the records from them individually.
Thanks.
Rick Courtemanche
Deputy General Counsel
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5788 (Direct)
800-342-8060 Ext. 5788 (Toll-Free)
rcourtemanche@floridabar.org<mailto:rcourtemanche@floridabar.org>
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From: Michael Locke
Got a couple questions.
1. So you’re the “…official charged with the responsibility of maintaining the office having the care, keeping, and supervision of such records…”and you’re designating the individual committee members as fellow custodians?
2. Are you stating the requested records are not subject to any exemptions?
Thank you.
From: Florida Bar Unlicensed Practice of Law Department
Mr. Locke:
I have confirmed that:
1. The Special Committee does not have agendas or minutes;
2. Bar Liaison stated there are no e-mails in the Bar server reference the committee;
3. As a judicial branch entity, The Florida Bar is not subject to Chapter 119, Florida Statutes. Rule 2.420(b)(3), Florida Rules of General Practice & Judicial Administration, defines “custodian” as
“Custodian.” The custodian of all administrative records of any court is the chief justice or chief judge of that court, except that each judge is the custodian of all records that are solely within the possession and control of that judge. As to all other records, the custodian is the official charged with the responsibility for the care, safekeeping, and supervision of such records. All references to “custodian” mean the custodian or the custodian’s designee.
The Bar is not responsible for the care, safekeeping, and supervision of individual committee members’ e-mails. The bar would only have those that were sent or carbon-copied to bar staff that would be in the bar e-mail server. If you have any questions, please contact Christine Bilbrey, who is the Bar Liaison to that committee. She is copied on tis e-mail.
Thanks.
Rick Courtemanche
Deputy General Counsel
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5788 (Direct)
800-342-8060 Ext. 5788 (Toll-Free)
rcourtemanche@floridabar.org<mailto:rcourtemanche@floridabar.org>
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