Lawyers need more guidance on use of AI, Law Society tells Government

Lawyers need to be given "clear, practical guidance" on the existing rules around the use of AI, the Law Society has urged in a response to Government plans to introduce a regulatory 'sandbox' for AI products.

Chancery Lane’s statement came as part of its response to a call for evidence launched by the Department for Science, Innovation & Technology on plans to introduce an ‘AI Growth Lab’.

The ‘Growth Lab’ will function as a "cross-economy sandbox that would carefully supervise the deployment of AI-enabled products and services that current regulation hinders", according to the call for evidence.

It could also lift "unnecessary legal barriers" to AI in legal services and the planning system through more dynamic UK regulation, the Government added.

The Law Society said it is looking forward to working with the Department on the programme, but emphasised the importance of maintaining current legal sector regulation when using AI tools, including in reserved legal activities.

"Instead of changing or introducing new regulation, lawyers need to be provided with clear, practical guidance on existing rules," a statement from Chancery Lane added.

It specifically called for more clarity on whether client data must be anonymised when it is being input into AI platforms, guidance on data security, storage and sharing, and guidance on whether lawyers must always oversee AI used in legal services.

It also asked for more guidance on how AI can be used by solicitors to help carry out reserved legal activities like court representation, conveyancing, and probate - and for advice on who is responsible when AI gives incorrect or harmful legal advice.

Law Society CEO Ian Jeffery said: “AI innovation is vital for the legal sector and already has great momentum.

“The existing legal regulatory framework supports progress. The main challenges don’t stem from regulatory burdens, but rather from uncertainty, cost, data and skills associated with AI adoption.

“Technological progress in the legal sector should not expose clients or consumers to unregulated risks. Current regulation of the profession reflects the safeguards that Parliament deemed vital to protect clients and the public. 

“It ensures trust in the English and Welsh legal system worldwide.”

Adam Carey