Society urges SRA and HMCTS to issue guidance and safeguards on responsible AI use in court proceedings
The Law Society of England and Wales has responded to the Civil Justice Council consultation, urging the UK government and regulators to ensure artificial intelligence is used responsibly in the preparation of court documents.
The representative body is calling on the Solicitors Regulation Authority to issue clear guidance on how solicitors’ professional duties apply when AI is used in preparing court documents, and to review its Code of Conduct. It also said HM Courts & Tribunals Service should introduce simple and accessible guidance on the use of AI in court proceedings.
The Law Society said: “The stakes are high when AI is used in court.” It added that a wider public debate is needed on the implications of AI in the justice system, and called on the Ministry of Justice to review its use across courts and tribunals through a public consultation.
While acknowledging potential benefits, the Law Society said AI could improve efficiency, reduce costs, expand access to justice, ease court backlogs and support economic growth.
However, it warned that risks remain significant, including inaccuracies or so-called “hallucinations”, embedded bias, unfair outcomes, and concerns around confidentiality and data protection.
The organisation said that new measures aimed at improving transparency of AI use in court are important, but insufficient on their own. It recommended a step-by-step approach, including new disclosure requirements to clearly identify when AI has been used.
It also stressed that although professional responsibilities remain central, solicitors can only effectively oversee AI tools with proper training and organisational support, adding that greater clarity and practical guidance are needed.
Ian Jeffery, chief executive of the Law Society, 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.”
He added: “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.”
He further said: “The Law Society is committed to working with the Civil Justice Council, the courts, regulators and the UK government to ensure suitable guardrails are in place and that AI is deployed for the public good. Other countries are acting to create the right conditions for responsible AI use in the courtroom and there is no reason why we shouldn’t too.”
The Law Society said it will continue to work with stakeholders across the justice system to develop safeguards as AI becomes increasingly embedded in legal practice and court proceedings.