The Barrister Group Blog

Artificial Intelligence in Legal Practice: A Regulatory and Strategic Guide for Solicitors in England and Wales

Written by Tahir Khan | Apr 29, 2025 4:00:00 AM

Artificial Intelligence (AI) is increasingly influencing how legal services are delivered across the UK. Whether through legal research platforms, contract analysis software, or AI-powered client interfaces, AI presents law firms—particularly small to medium-sized practices—with opportunities to increase efficiency and competitiveness.

However, with innovation comes responsibility. Solicitors must navigate a complex landscape of legal and regulatory obligations, from the Solicitors Regulation Authority (SRA) to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018ICO guidance, and Law Society best practice recommendations. This article provides a detailed, practical overview of these frameworks and offers insights into the key challenges and strategic considerations for adopting AI safely and effectively.

1. The regulatory landscape: What the rules say

A. Solicitors Regulation Authority (SRA)

The SRA Standards and Regulations set the ethical and professional foundations for all solicitors in England and Wales. The use of AI does not absolve practitioners of these obligations.

Core SRA principles (Version: 25 November 2019):

  • Principle 2 – Act in a way that upholds public trust and confidence in the profession.
  • Principle 5 – Act with integrity.
  • Principle 7 – Act in the best interests of each client.

Code of conduct for solicitors (2019):

  • Rule 3.2 – You must ensure that the service you provide to clients is competent and delivered in a timely manner.
  • Rule 4.3 – You must ensure that clients are able to make informed decisions about the services they need, how their matter will be handled and the options available to them.
  • Rule 5.1 – You must safeguard client confidentiality and legal professional privilege.

These rules apply regardless of whether the work is performed by a solicitor or using technology. This makes proper oversight of AI systems essential.

Supervision and delegation – Rule 3.5:

“Where work is carried out on your behalf by others, you remain accountable for the work.”

This includes the use of AI tools and third-party legal tech platforms. Firms must have mechanisms in place to review, verify, and take responsibility for AI-generated outputs.

B. Law Society guidance on AI and legal technology

The Law Society has published several resources on legal technology, including the 2021 report: “Lawtech: A practical guide for law firms and legal departments”, which emphasises:

  • The importance of transparency with clients when AI tools are involved.
  • The need to monitor tools for algorithmic bias and fairness.
  • That solicitors must understand the basic functionality of the AI tools they deploy and not outsource professional judgment.

C. Data Protection Act 2018 & GDPR

AI tools often process vast amounts of client data, including personal and special category data, such as health records, criminal convictions, or financial information. This triggers obligations under:

GDPR – Key provisions:

  • Article 5(1) – Personal data must be processed lawfully, fairly, and transparently.
  • Article 6 – Processing must have a lawful basis, e.g., consent, contract, or legal obligation.
  • Article 9 – Explicit consent is required to process special category data, unless exemptions apply.
  • Article 22 – Clients have the right not to be subject to a decision based solely on automated processing, including profiling, unless it is:
    • Necessary for a contract
    • Authorised by law
    • Based on explicit consent

Data Protection Act 2018 (Section 64):

Requires firms to provide meaningful information about the logic involved in any automated decision-making processes, particularly where decisions have legal or similarly significant effects.

Data protection impact assessments (DPIAs):

Under UK GDPR Article 35, a DPIA is mandatory when:

  • New technology is used
  • Data processing is likely to result in high risk to individuals' rights and freedoms
  • There is large-scale processing of special category data

ICO guidance states that AI systems that process personal data almost always require a DPIA.

D. Information Commissioner’s Office (ICO): AI-specific guidance

The ICO’s “AI and Data Protection Guidance” (2020) outlines the expectations on fairness, accountability, and transparency in AI use:

  • Fairness – AI systems must not discriminate. Ensure training data is representative and not biased.
  • Transparency – Clients should understand how their data is used and be able to contest decisions.
  • Accountability – Firms must be able to explain how AI systems arrive at decisions.
  • Security – Strong cybersecurity and access controls are required, particularly for cloud-based AI tools.

2. Opportunities: How AI can benefit your practice

Efficiency and automation

AI can significantly reduce the time and cost of routine tasks such as:

  • Document review and e-discovery
  • Legal research (e.g., tools like Lexis+ AI and Case Text Co Counsel)
  • Due diligence and contract analysis

According to a 2023 survey by The Law Society, over 50% of firms using AI tools reported productivity gains of 25% or more.

Client experience and access to Justice

Chatbots and virtual assistants can provide:

  • 24/7 availability for simple client queries
  • Real-time updates on case progress
  • Faster onboarding and engagement

This is especially valuable for small firms aiming to offer high-quality service with limited staffing.

Cost reduction and profitability

Automating administrative processes can lower overheads. A PwC report (2022) estimated that AI adoption could reduce operational costs by up to 30% in some legal functions over the next five years.

3. Threats and risks: What solicitors must watch out for

Data breaches and confidentiality risks

AI systems, particularly third-party platforms, can pose cybersecurity risks. A 2023 report from the UK National Cyber Security Centre (NCSC) highlighted that legal services are increasingly targeted by ransomware attacks, with small firms being particularly vulnerable.

Key actions:

  • Implement strong encryption and access controls
  • Use UK-based or GDPR-compliant cloud services
  • Conduct regular data audits and penetration testing

Liability and professional negligence

Relying on AI-generated advice or analysis does not exempt a solicitor from liability. If a client suffers loss due to faulty AI output, the firm could face a claim in negligence or a complaint to the Legal Ombudsman.

Example: An AI-powered contract review tool fails to flag a key indemnity clause—this omission could constitute a breach of duty under Rule 3.2 (competent service).

Bias and discrimination

AI models may replicate or amplify existing biases in data. For example, algorithms trained on historical case data may show racial or gender bias in risk assessments or decision-making.

This can breach:

  • Equality Act 2010
  • GDPR Article 5 (fair and lawful processing)
  • SRA obligations to act with integrity and fairness

Regular algorithmic audits and diverse training data are essential to mitigate this risk.

4. Best practice for AI use in law firms

To stay compliant and avoid risk, solicitors should implement the following strategies:

  1. Due diligence and procurement

Vet AI vendors for compliance with GDPR, cybersecurity standards (e.g., ISO 27001), and ethical principles.

Ensure contracts include data processing agreements (DPAs) under Article 28 of GDPR.

  1. Human oversight

Never rely solely on AI for final decisions.

Establish workflows where human solicitors review and validate all outputs before delivery to the client.

  1. Client transparency and consent

Inform clients about the use of AI in their case.

Obtain explicit consent where required, especially for sensitive data or automated decision-making.

Update terms of engagement to reflect AI involvement.

  1. Training and governance

Provide ongoing training for staff on how AI works and its limitations.

Appoint a Data Protection Officer (DPO) or compliance lead where appropriate.

  1. Regular reviews and impact assessments

Carry out periodic DPIAs, risk assessments, and audits.

Maintain logs and records of AI activity, decisions, and justifications.

Looking ahead: preparing for the future of AI regulation

The UK government is currently pursuing a pro-innovation approach to AI regulation, outlined in its AI Regulation White Paper (March 2023). Key developments include:

  • Sector-specific regulation, with no standalone AI Act (unlike the EU)
  • Encouragement for regulators like the SRA and ICO to co-regulate AI use
  • Increased focus on transparency, explainability, and accountability

While this offers flexibility, it also places greater responsibility on firms to interpret and apply high standards themselves.

Conclusion: balancing innovation with compliance

As artificial intelligence becomes more embedded in legal service delivery, small and medium-sized law firms in England and Wales are well-placed to benefit—through enhanced productivity, client satisfaction, and operational efficiency. However, those benefits come with clear and non-negotiable obligations under the SRA Standards and RegulationsUK GDPR, the Data Protection Act 2018, and wider regulatory frameworks, including guidance from the Law Society and ICO.

The solicitor’s duty of competence, confidentiality, accountability, and fairness does not diminish with the introduction of AI. On the contrary, it increases the importance of understanding, supervising, and explaining the tools we use. Whether it’s safeguarding client data, preventing algorithmic bias, or ensuring that decisions are made with proper human oversight, firms must integrate ethical and regulatory thinking into their digital strategy from the outset.

As the regulatory landscape continues to evolve, law firms should proactively embrace a culture of compliance, transparency, and continuous learning. Conducting regular Data Protection Impact Assessments, updating internal policies, investing in staff training, and engaging with trusted legal tech providers are no longer optional—they are essential components of responsible innovation.

With a strategic and ethical approach, AI can empower solicitors to do what they do best: deliver excellent, client-centred legal services. The challenge lies not in resisting technology, but in adopting it wisely, accountably, and in alignment with our professional duties.

The key takeaway? AI should augment, not replace, professional judgment. Used responsibly, it can help modern legal practices thrive—efficiently, ethically, and compliantly.

Useful resources:

  • SRA Code of Conduct for Solicitors (2019): sra.org.uk
  • Law Society Guidance on Law Tech and AI (2021): lawsociety.org.uk
  • UK GDPR and Data Protection Act 2018: legislation.gov.uk
  • ICO Guidance on AI and Data Protection (2020): ico.org.uk
  • PwC Legal AI Report (2022): “The economic impact of AI on the UK economy” – pwc.co.uk
  • NCSC Threat Report on Legal Sector (2023): ncsc.gov.uk
  • Law Society AI Use Survey (2023): Internal member research summary (available on request from the Law Society)