The note gives specific guidance on how solicitors can integrate AI in line with their professional obligations. It covers how solicitors can access AI systems, terms of service, storage and sharing of data, the use of AI-generated code and disclosure to clients.
It delves into both the confidentiality risks arising and the implications for legal professional privilege where AI is used, noting ‘there is not yet clear case law that deals directly with legal professional privilege and the use of AI in legal practice.
‘Questions remain about whether: prompts, draft outputs, audit logs, internal AI-assisted analysis or translation records are treated as lawyers’ working papers and attract privilege’ and whether ‘the treatment of materials depends on the type of AI system used and the safeguards in place’. It advises a cautious approach until the position is clarified.
Law Society president Brett Dixon said solicitors ‘need to understand the risks’.
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