- Legal Futures - https://www.legalfutures.co.uk -

Lawyer “under new duty” to have functional understanding of AI

O’Keeffe: Stay human

Lawyers have a new duty to have a “competent functional understanding” of artificial intelligence (AI) as its use spreads across the profession, a specialist has argued.

Rory O’Keeffe, a technology solicitor who runs legal consultancy RMOK, said lawyers could no longer just rely on IT departments and third parties to manage their tech.

“Today, lawyers must engage with how these systems operate. Where does the data go? How secure is it? How does it interface with other systems?

“AI is no longer ‘just another programme’. If it produces a result you act upon, you must be confident in its integrity and reliability.

“That’s especially true when dealing with client-confidential material. Responsible AI isn’t just about ethics, it’s about being able to justify and trace the conclusions your tools produce.”

Specifically, he told Legal Futures, solicitors needed to know where an AI system’s training data came from, along with its biases and how it shaped outputs, and where client data went within the system, as well as its security.

Further, solicitors needed to have a grip of the system’s limitations – understanding potential ‘hallucinations’ or inaccuracies – and undertaking thorough vetting of AI tools and providers.

“This knowledge piece is being incorporated into law school courses, college diplomas and more,” he said.

“Even basic prompt engineering and AI literacy – something encouraged by the EU Artificial Intelligence Act – are gathering interest across all career levels.”

Mr O’Keeffe added: “The Solicitors Regulation Authority and others will soon integrate AI competence into their oversight. It’s not about new rules but applying existing duties of care and professional conduct to AI use.

“Proactive firm-wide training and robust policies, and active ongoing implementation of those policies, are no longer optional; they’re essential risk management.”

Mr O’Keeffe is a trustee of The Solicitors’ Charity, which supports the profession’s health and wellbeing and is working to ensure that lawyers are equipped to adapt to the changes AI is bringing.

“As the technology evolves, so must we,” said Mr O’Keeffe. “AI will never replace lawyers, but it will change what we do, how we do it, and how we deliver value. The key is to stay informed, stay engaged – and above all, stay human.”

As well as helping law firms “work faster and more cost-effectively”, the solicitor pointed to the growing role AI was playing in improving access to justice – chatbots and automated tools now guide the public through tenancy disputes, employment rights and immigration queries.

“It’s a win-win,” he said. “The public get informed, and firms can triage cases more efficiently, directing time and expertise where it really counts.”

But he cautioned too against being swept up in hype: “The best advice? Treat AI’s output like a junior lawyer’s memo. It’s a starting point, not a final answer.”