Law Society publishes new guidance on Artificial Intelligence use
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The Law Society has issued a practice note on how existing professional duties and regulatory obligations apply when artificial intelligence (AI) is used in legal practice.
Chancery Lane said the note aims to help solicitors and their teams understand how the technology is used, the risks involved, and approaches to AI governance in legal practice.
It covers the impacts of AI use on confidentiality, privilege, data protection, insurance, and cyber security - and sets out issues to consider before using AI systems or handling AI-generated materials.
The practice note, which is for all solicitors and types of legal practice, says legal practices must have appropriate human oversight, informed professional judgement, and a proportionate, risk-based approach to AI tools.
It explores the duties that legal professionals are subject to when using the technology, including on confidentiality, legal professional privilege, and duties to the court.
It also unpacks the types of AI and their respective risks. Other sections cover AI governance, and regulation and compliance.
The Law Society noted that 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.
According to the note, legal practices are increasingly using AI tools for tasks that include legal research, document review and disclosure, drafting and client communications, early case assessment, and comparing and analysing documents.
The technology is also being used for contract analysis, litigation data analytics, due diligence, compliance monitoring and workflow management, according to the note.
Law Society president, Brett Dixon, said: “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. Over reliance 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."
He added: “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.”
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