The Solicitors Regulation Authority (SRA) has issued a Warning Notice on the Misuse of AI.
Concerns continue to grow about how to ensure the legal profession uses AI effectively while complying with relevant regulatory obligations. For example, recently we have discussed (here) the judiciary reminding lawyers to act with due care and diligence when using AI in the context of court proceedings, particularly to guard against hallucinations and references to fictional authorities.
Now the SRA has stepped in, prompted not only by concerns about hallucinations, but also by the need to preserve client confidentiality where personal data or confidential information is entered into public AI tools (something we have previously discussed here in the context of whether this might lead to a loss of privilege).
To that end, the Warning Notice reminds those regulated by the SRA of their obligations under the Codes of Conduct for Solicitors and for Firms, emphasising the central point that AI has no separate legal personality and that those who use it remain accountable for its output.
On the matter of hallucinations and fake authorities, the SRA warns that putting false material before the court could amount to contempt of court and advises that solicitors must ensure that “all submissions of named case law authorities are genuine, relevant, have a verifiable citation, and advance the arguments that are being put forward”. Furthermore, those who supervise junior or non-authorised colleagues may themselves be found to have breached their professional duties if false authorities are put before the court without adequate review or supervision.
As for client confidentiality, the SRA states that entering confidential client information into an open source AI tool “will likely breach client confidentiality and as a result, legal professional privilege may be permanently waived and unable to be recovered”. Accordingly, it advises that such information should only be entered into systems “where appropriate contractual, technical and organisational safeguards are in place to protect confidentiality”.
Particular attention is also drawn to the use of AI tools by in-house lawyers. The SRA warns that businesses may have developed in-house AI tools for their particular line of work, but that they might not have been specifically designed for legal work. In-house solicitors are therefore urged to proceed with caution when employing any in-house tools and also to “consider whether the organisation’s interests in furthering its use of AI might conflict with any of their own duties and professional responsibilities under the Principles and Code of Conduct, dependent upon their role and use of those tools”.
To read the Warning Notice in full, click here.