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Law Society warns AI must not replace lawyers’ professional judgement

The Law Society of England and Wales has published new guidance on the use of artificial intelligence (AI) in legal practice, warning that solicitors remain responsible for their work even when it is produced with the help of AI tools.

The practice note sets out how lawyers can use AI, including generative AI, while meeting their professional, legal and ethical obligations. AI is increasingly being used for tasks such as legal research, document review, drafting, contract analysis, due diligence and managing workflows.

While the technology could improve efficiency and help meet clients’ expectations, the Law Society says its use brings risks that solicitors and law firms must understand and manage.

The guidance stresses that professional responsibility cannot be transferred to an AI system and that no AI tool should automatically be considered safe. Solicitors must ensure that AI-assisted work is properly checked, including verifying references and reviewing documents before they are shared with clients, courts or other parties.

Lawyers are also advised to examine the security and reliability of the tools they use, including how data is stored and shared, the provider’s terms of service and where it operates. Free AI services may not provide the necessary protections, but paid-for tools also require scrutiny.

The guidance recommends that solicitors give clients appropriate information about how AI is being used and consider asking clients to disclose when AI has been used to prepare materials submitted to them.

The Law Society also warns that excessive reliance on AI could undermine the development of legal skills, particularly among junior lawyers, if the technology replaces opportunities to learn through practical experience.

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.

‘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.’

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.’

Read the full guidance document here.

Photo: herbinisaac

Paul Day
Paul is the editor of Public Sector News.
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