Ian Jeffery, chief executive of the Law Society of England and Wales, explains how the organisation is supporting its members and beyond to understand the risks and opportunities presented by generative AI.
Artificial intelligence is here to stay. It is already shaping the way law firms operate. Many firms, both large and small, as well as in-house legal teams, are using generative AI tools.
Over half of solicitors in firms are either using AI or actively trialling its capabilities. The Law Society aims to support lawyers in navigating the opportunities and challenges of this brave new world.
More specifically, we recently published guidance for our members and anyone interested in generative AI tools that includes a checklist of key considerations of how to use AI in a responsible way.
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We also developed an AI strategy based on three core principles: innovation, impact, and integrity.
Innovation in AI is transforming the way law firms deliver legal services. AI tools can assist with legal research, contract analysis, and even drafting legal documents.
This new way of working can allow lawyers to focus on more strategic work as AI cannot and should not replace human judgment. Human oversight remains essential.
Impact is not just about the legal profession. It is about the importance of the sector to the economy and the prosperity of our society. AI-powered tools can help streamline legal processes, reduce costs and make legal services more accessible to everyone.
However, AI is only as good as the data it is trained on, and many AI models rely on existing datasets. These may contain biases which can create unfair outcomes that disproportionately affect underrepresented communities.
Furthermore, AI models are often trained in different countries like the US, resulting in unsuitable outcomes for the UK.
Protecting justice
As the Law Society continues to work to protect the public and the legal profession, it is also working with the government, relevant authorities and experts to ensure AI is regulated and justice is protected.
The UK government has recognised AI’s potential and launched the AI Opportunities Action Plan focusing on investment, skills development and expanding access to AI knowledge.
The introduction of AI Champions with expertise in different sectors, as well as partnerships like the UK’s Memorandum of Understanding with Anthropic to explore AI applications in public services, demonstrate the government’s commitment to AI development.
However, regulation must keep pace with technology. While the UK has taken steps towards responsible AI governance, more needs to be done to ensure that AI is used fairly, transparently and without reinforcing existing inequalities.
AI must be used with integrity. Lawyers have a duty to maintain client confidentiality, protect sensitive data and uphold the rule of law. The increasing use of AI raises important questions about accountability and transparency.
For instance, if AI assists a solicitor in drafting advice, who is responsible for any errors – the AI developer or the solicitor? What happens if a client relies on AI-generated legal guidance combined with human advice? Who is ultimately accountable?
Black boxes
AI tools are often described as ‘black boxes’, which means that the process of producing content is not clear. It makes it harder for lawyers and the public alike to trust the outcomes, so transparency is very important. That’s why the Law Society believes that disclosing data sources is essential.
It is true that different countries are taking different approaches to AI regulation. For example, the EU AI Act introduced strict rules for large AI models.
The Paris AI Action Summit focused on inclusivity and sustainability. The UK signed a Memorandum of Understanding with the US to test advanced AI models. There is a trend and a need for global collaboration when it comes to AI, which includes the legal world.
What is clear is that innovation must be balanced with regulation and ethical safeguards. For example, the UK has criminalised sexually explicit deep fakes. But since AI knows no borders, international cooperation is of critical importance.
The Law Society is committed to helping the legal profession and people who need legal advice navigate this new and complex world.
AI offers benefits but it also presents risks that we need to mitigate, so we advocate for policies that support innovation and the ethical use of AI.
AI should be used to improve legal processes, not replace the all-important human factor. We work together with policymakers and regulators to create a future-proof justice system fit for purpose that supports growth and fairness.
Relying on the three pillars of our strategy – innovation, impact and integrity – we are working hard to ensure that the use of AI aligns with the rule of law, improving access to justice without compromising its integrity.
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