Aipedia: Solicitors and law firms
The solicitor who signs an AI-drafted advice letter is responsible for every statement of law and every recommendation in it. Advice letters are the core of most negligence claims, so AI drafting needs the same scrutiny as any other advice.
Part of: AI in solicitors and law firms
In short
Generative AI can turn notes into a well-structured advice letter or case summary in seconds. The risks are hallucinated or outdated law, advice that sounds more certain than the facts allow, missing caveats, and trainees sending AI drafts with light supervision. Code 3.2 requires competent service, Code 3.5 supervision and Code 8.6 information clients can understand. A client who acts on wrong advice may claim against the firm; under the SRA minimum terms that is usually covered civil liability. Reading every line before signing is the main control.
Fee earners use generative AI chatbots and enterprise drafting tools to produce first drafts of advice letters, summarise long files or judgments for clients, write progress updates and convert technical analysis into plain English. Trainees and paralegals often use these tools most. The drafts are usually fluent and well organised, which can make errors harder to spot.
Fluency is the danger. A reviewer reading a polished letter tends to check tone and structure rather than test each legal proposition, and a general-purpose tool has no knowledge of the client's file beyond what it was given. Time pressure makes it tempting to treat a clean draft as a checked one. Summaries carry a similar risk, because the act of shortening removes the qualifications that made the original analysis accurate.
The SRA's warning notice says AI has no separate legal personality and that solicitors stay accountable however work is produced. The relevant standards are Principle 7 (client's best interests), Code 1.4 (not misleading clients), Code 3.2 (competent service), Code 3.5 and 3.6 (supervision and competence of those you manage) and Code 7.2 (justifying decisions). Code 8.6 requires information that clients can understand, so they can make informed decisions. The SRA's supervision guidance says an authorised individual must keep ultimate responsibility for AI-assisted services.
The Law Society says outputs must be fact-checked and citations verified, and that duties apply to AI use by people you supervise. The Upper Tribunal's comment in Munir that a supervisor who misses a junior's false citations may be more culpable applies by analogy to advice.
Illustrative: a trainee asks an AI tool to draft a letter advising a landlord client on serving notice. The draft cites the wrong notice period and omits a precondition. The supervising solicitor skims and signs. The notice is invalid, possession is delayed by months and the client claims its lost rent and costs.
The client's claim is against the firm, and the signing solicitor's judgement is what will be scrutinised. It is no defence that an AI tool or a trainee wrote the first draft. The SRA minimum terms require civil liability cover, at least £3m any one claim for recognised and licensed bodies and £2m otherwise, with defence costs in addition. None of the permitted exclusions refers to AI, so a negligent advice claim is usually treated like any other, subject to the policy terms. See AI-generated advice and professional negligence and advice error claims.
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Yes, if the solicitor reviews it properly. The SRA expects human review, scrutiny and professional judgement over AI outputs, and the signing solicitor remains accountable. The Law Society recommends fact-checking outputs and verifying citations.
Yes. Code 3.5 makes you accountable for work by people you supervise, and the SRA notice says supervisors stay accountable for AI-assisted work by juniors. Courts have said supervisors who miss juniors' AI errors may be more culpable.
Usually, yes. A client's negligence claim falls within the civil liability cover required by the SRA minimum terms, which contain no AI exclusion. Cover is subject to the policy terms, and top-up layers may have different wording.
There is no specific rule, but the SRA Risk Outlook suggests telling clients when AI will be used on their case, and the Law Society recommends agreeing it with them. Setting this out in the engagement letter is usually enough; the key is that the advice itself is checked and owned by a solicitor.
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