Law Society's GenAI guidance for solicitors
Guidance for solicitors on the ethical and responsible use of generative AI (GenAI) has highlighted the potential uses and limitations of tools such as ChatGPT, Copilot, and similar solutions.
The document also looks at how a solicitor’s ethical and professional obligations apply to using these tools, informed by the Solicitors’ Guide to Professional Conduct and international guidance.
The guidance acknowledges that the field is evolving rapidly, adding that its focus is on the fundamentals of GenAI and risks most relevant to everyday legal practice.
The Law Society says that additional guidance and further updates will be issued as the technology continues to evolve and as new issues or use cases arise in legal practice.
Suitable tasks
The guidance provides explanations of AI, GenAI, how GenAI works, and the key characteristics of GenAI and large language models (LLMs).
The document includes a list of legal tasks suitable for LLMs – including simple administrative tasks, summarising documents, and creating checklists.
It warns, however, against the use of LLMs for legal advice, reviewing documents, citing legislation or case law, or the retrieval of real-time information.
Obligations
The guidance highlights potential uses of GenAI that could lead to a breach of professional obligations in areas such as confidentiality, professional competence,and independence.
“Particular caution is required before any GenAI assisted work is submitted externally to clients and the courts,” the note warns, adding that the use of such tools in legal submissions has been documented across various jurisdictions as producing inaccurate or misleading results.
The guidance urges solicitors to set out permitted uses, accountability, safeguards, and guidelines to ensure compliance with GDPR, client confidentiality, privilege, and other obligations.
“The onus is on firms and solicitors to ensure that ethical and professional standards are always maintained in the process,” it concludes.