Solicitors should give clients ‘appropriate information’ about how they use AI and in turn can ask clients to disclose any AI-generated material passed on to them, the Law Society has advised. A 58-page AI practice note published today gives specific guidance on how lawyers can integrate AI in their practice in line with their professional obligations.
The note stresses that solicitors remain accountable for all work with clients, the court and third parties – whether AI has been used or not.
Society president Brett Dixon commented: ‘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.’
Dixon continued: ‘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.’
The practice note states that while the risks of free large language model tools are well known, paid-for AI tools should also be scrutinised. 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. The likelihood of the tool producing misleading results must also be assessed, along with whether it has necessary information relating to the jurisdiction.
The note warns: ‘An AI system cannot reliably validate the accuracy of its results on its own. Relying on AI to verify AI outputs will not satisfy your professional obligations.’
Akber Datoo, co-chair of the Law Society technology committee, said: ‘This guidance gives solicitors practical tips on how to navigate AI in the legal world. It advises on how to make informed decisions by bringing a lot of information together in one place, helping solicitors turn general principles into practice.’
Leave a comment