Solicitors need a clear set of rules around how they can use AI to prepare court documents, their representative body said today. The Law Society called on regulators and the government to set out exactly how AI can be managed responsibly in court proceedings, as well as kick-start discussions on how litigation will be affected by technology advances.
The Civil Justice Council is consulting on whether rules are needed to govern the use of AI by lawyers, following a series of cases in which false citations generated by AI have been presented to the court.
The Society said it welcomed the intervention of the CJC but said that guidance and oversight need to come from further afield, including the Solicitors Regulation Authority reviewing its code of conduct and HM Courts & Tribunals Service introducing simple rules for AI use in court.
A further public debate is also needed with the Ministry of Justice reviewing the role of AI across the justice system.
Ian Jeffery, Law Society chief executive, said: ‘We need a balanced framework to support the use of AI in court proceedings. Artificial intelligence can improve efficiency and level the playing field for everyone to be able to access timely justice. However, there have to be safeguards for accuracy and fairness that build public trust in the system.
‘A range of measures, including training and good governance of AI systems must work alongside new rules on transparency. Clear guidance is needed to support legal professionals and the public navigate this new AI era.’
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The Society recommended the CJC take some practical step-by-step actions to introduce new disclosure requirements to clearly state when AI is used.
The CJC has proposed that lawyers involved in the preparation of court documents should be required to make a declaration where AI has been used. This would apply where AI has been used to generate evidence on which the court is being asked to rely, but would not be necessary where AI was involved in transcription and spell checking.
The CJC consultation said: ‘Legal practice is changing as a result of these new and powerful tools. This is and will remain a positive development as long as the interests of justice are kept firmly in view. The overall objective of these proposals is to maintain a balance, ensuring that the latest technology can be used to maximum advantage in the civil justice system in order to enhance access to justice by improving efficiency and reducing costs; while at the same time maintaining confidence in the rule of law.’
The SRA issued guidance in February on compliance tips for solicitors using AI and technology, but it is understood that a clearer set of rules is being prepared to be published later this year.
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