The Law Society of England and Wales is calling for a public consultation on the use of artificial intelligence in the courts and tribunals service.
In its response the Civil Justice Council’s (CJC) consultation on the use of AI in preparing court documents, the Law Society said the “stakes are high when AI is used in court” and a public debate is needed to examine the implications. The Ministry of Justice must review the use of AI across the justice system to ensure the responsible use of AI in the courts system, the Law Society added.
In its response to the CJC’s consultation, the Law Society also calls for the Solicitors Regulation Authority (SRA) to issue clear guidance on how solicitors’ professional duties apply when AI is used to prepare court documents, and to review its code of conduct.
HM Courts & Tribunals Service should also introduce simple and accessible guidance on AI use in court, the response said.
While the use of AI offers “significant benefits” particularly around efficiency, costs, delays and improving access to justice, inaccurate results and hallucinations risk creating bias and unfair outcomes, said the society. Issues with confidentiality and data protection also remain an issue.
New disclosure requirements to clearly state when AI is used could be introduced as part of current measure to improve the transparency of AI use in court, and there should be more clarity and support for solicitors who oversee the use of AI, added the Law Society.
Chief executive Ian Jeffery 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.
“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.
“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.”
