Do we need more rules on use of AI in court proceedings?
The Law Society has called on regulators to produce clear rules on how AI ought to be managed in court proceedings. While the Law Society welcomes the Civil Justice Council’s ongoing consultation into whether new rules are needed to govern use of AI by lawyers, the Law Society is calling for even further oversight, requesting that:
- The Solicitors Regulation Authority review its code of conduct; and
- HM Courts & Tribunal Service introduces simple rules for AI use in court.
Ian Jeffery, the Law Society’s chief executive, acknowledges that AI can improve efficiency and level the playing field, but emphasises that “there have to be safeguards for accuracy and fairness that build public trust in the system.” The Civil Justice Council proposes that lawyers involved in the preparation of court documents should make a declaration where AI has been used. Further rules from the Solicitors Regulation Authority are expected later this year.
My take?
Walking the line between AI alarmism on one end and blind optimism on the other is difficult.
Is AI-assisted research that is fact-checked really so different to research on any other platform (online search engines, legal research tools) – mistakes arising from insufficient checks could apply to all these approaches.
Let’s hope we are heading towards sensible rules focussed on transparency and certainty with a heavy dose of pragmatism.
