The Law Society of England and Wales has warned about the potential for “misleading documents” in its response to the Civil Justice Council’s report on preparing court documents with AI.
Brett Dixon, Law Society president, said: “When people have to represent themselves in court and prepare court documents using AI, there can be serious consequences.
“If AI produces misleading documents, it could affect the outcome of the case and increase delays in an already congested justice system.”
He added: “We therefore welcome the Civil Justice Council’s call for urgent, clear and accessible guidance to help people representing themselves understand how to use AI safely.
“Greater transparency around the use of AI by legal professionals is also important. Lawyers must have the right training, guidance and safeguards in place to use it responsibly.”
The CJC’s Use of AI for Preparing Court Documents Final Report was published on 29th October and is the final of two reports the CJC’s Working Group has produced concerning the use of AI for court.
The Working Group’s first publication, Interim Report and Consultation, was published in February this year.
The report sets out 15 recommendations for the preparation of court documents with the use of AI, the first of which is the he provision of guidance to the legal profession on the appropriate use of AI in the preparation of court documents.
It recommends that, consistent with professional and ethical obligations, this guidance should remain the responsibility of legal services regulators, such as the Legal Services Board.
It suggests the regulators should devise and issue joint guidance to ensure that professional training requirements include suitable guidance on responsible AI use.
Last month, one of the report’s authors, Sir Colin Birss, president of the business and property division, said the Courts and Tribunal Judiciary’s (CTB) approach towards artificial intelligence will be “cautious but positive” as the technology will be adopted to support judgement but will be subjected to “strict safeguards and robust testing”.
The Law Society recently published its AI practice note. In an introductory letter, Dixon writes: “It is understandable that people may turn to AI to ask quick, preliminary questions when facing a problem. However, the advice generated by AI can often be misinformed, out of date or entirely made up and can cause serious problems. Just like when someone has a health problem, they may ask AI for some initial information, but they will then go see a doctor for safe advice or a diagnosis. The exact same rule applies if they have a legal question.”
