New guidance on artificial intelligence (AI) published by the Law Society of England and Wales makes it clear that these tools are not a legal entity and responsibility remains human.
A new Law Society practice note gives specific guidance on how lawyers can integrate AI in their practice in line with their professional obligations. However, it warns that solicitors remain accountable for all work with clients, the court and third parties whether AI is used or not.
Law Society president, Brett Dixon, commented: “The new Law Society guidance clearly states that professional responsibility cannot be transferred to any AI system.
“Solicitors and law firms should choose their AI tools carefully and always check that legal work meets their professional standards. Overreliance on AI systems may result in a catastrophic gap of future legal skills and knowledge.
“AI has enormous potential, but innovation cannot come at the expense of professional integrity or client protection. Solicitors do not need to be technology experts, but they do need to understand the risks.
“Our new AI practice note gives the profession greater confidence to embrace AI responsibly. At the heart of legal services will always be the solicitor and the people we serve.”
The Society guidance warns that free AI tools often do not offer the necessary protections, but it advises that even paid-for AI tools should be scrutinised. The guidance states that solicitors and firms need to consider how they access AI systems, the terms of service, how data is stored and shared and where the AI provider operates. Attention also needs to be paid to how likely it is for the AI tool to produce misleading results and if it has the necessary information relating to the specific jurisdiction.
The Law Society says the submissions, documents and representations generated by solicitors with the help of AI must receive appropriate review and all references should be thoroughly checked before being shared externally. Solicitors should give clients appropriate information about how AI is used and can ask clients to disclose the use of AI in materials passed on to them. It also advises client materials should always be reviewed and verified.
Akber Datoo, CEO of D2 Legal Technology and co-chair of the technology and law committee at the Law Society, said: “Don’t get struck off, but don’t get left behind either. It’s no exaggeration to say this is the dichotomy lawyers face when it comes to using AI in law firms. Understandably, it’s left the majority of firms unsure how best to move forward. Should they use AI freely, have a high degree of central oversight, or adopt a more nuanced approach? What shape should policies take? How can it be enforced?”
He added: “Good governance should give firms the confidence to move forward, not an excuse to stand still. The practical response is to identify worthwhile uses, select and configure appropriate tools, train people, allocate responsibility and apply proportionate oversight. This makes responsible use repeatable throughout a firm.”
