Solicitors Regulation Authority: Misuse of AI: warning notice
Our summaryA formal warning notice. It restates that solicitors and firms remain accountable for AI-assisted work, that the people they manage must be competent to use it, that authorities put before a court must be genuine and verifiable, and that entering client information into AI tools without proper safeguards risks confidentiality and privilege.
“The use of AI does not diminish or transfer your professional responsibilities. You remain accountable for all work and advice delivered to clients, whether or not AI has been used in its preparation.”
Warning notice, introduction
“You ensure that the individuals you manage are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations, up to date.”
Code of Conduct for Solicitors, paragraph 3.6, as set out in the notice
“To uphold your duty to the court, you should be assured that all submissions of named case law authorities are genuine, relevant, have a verifiable citation, and advance the arguments that are being put forward in your documents.”
Warning notice, duties to the court
“The court reminded lawyers that they must verify all content in legal submissions, as they remain personally responsible for their accuracy, regardless of the tools used in drafting.”
Warning notice, on Ayinde v London Borough of Haringey
“Both paid for and free-to-use AI tools may not provide the contractual, and technical safeguards needed to maintain client confidentiality.”
Warning notice, confidentiality
“Using AI tools in this way will likely breach client confidentiality and as a result, legal professional privilege may be permanently waived and unable to be recovered.”
Warning notice, on public AI tools