Artificial intelligence is rapidly transforming the legal profession, with the potential to transform research, drafting, document review and client service. However, while the technology offers significant opportunities, it also introduces a new set of risks.
Barry Berlow-Jackson, principal solicitor and founder of Berlow-Jackson Law in south Glasgow, believes AI can provide smaller firms with capabilities that were once only available to much larger practices.
His view echoes the position of the Law Society of Scotland, which recognizes the potential benefits of AI while stressing the need for careful and responsible use. The company highlighted the risks related to confidentiality, accuracy, cyber security and professional liability.
“AI can be an extremely useful tool for lawyers, especially in smaller firms where resources are often more limited,” says Berlow-Jackson.
“However, it remains a tool rather than a substitute for professional judgment. The attorney must always remain responsible for verifying the accuracy of any work product generated by AI.”
One of the challenges, he says, is that AI systems can produce convincing answers, regardless of whether they are correct.
“AI presents information with confidence, regardless of whether it’s true. That means legal professionals must approach AI outputs with the same critical scrutiny they apply to any unverified source.”
He recalls asking an AI system to identify a case based on a description rather than a quote.
Barry Berlow-Jackson, principal solicitor and founder of Berlow-Jackson Law which is based in Glasgow (Image: supplied)
“It confidently produced a case name and a detailed factual background. When I double-checked the authorities, there was no such case. The episode was a useful reminder that AI-generated legal references must always be independently verified.
The risks are particularly significant in trials, where lawyers often face substantial volumes of preparation before appearing in court. “We’ve seen cases where a lawyer asked AI: Can you summarize this for me? Can you find me the list of authorities I need? AI did it, but generated its own authorities or wrong cases,” he says.
“As a lawyer, you have to make sure that everything you say to the court is true and substantiated.” You are a professional with professional duties. The way the courts approach these situations has evolved and they have made it clear that the responsibility remains with the legal professionals who rely on the material.
“Used correctly, AI can help with research, administration and document review,” says Berlow-Jackson.
“Used carelessly, it can create significant occupational risks. The key is to understand its capabilities and limitations.”
Berlow-Jackson compares the situation to the use of advanced driver assistance systems in self-driving cars. “The law still considers you the driver. If the car fails to recognize something or reaches the wrong conclusion, the responsibility remains with you. The same principle applies to legal practice. Technology can help, but professional responsibility cannot be delegated.
“The consequences extend beyond the courtroom.
“It’s not just a case of misleading the court; your client is relying on you to present their case. If a lawyer uses AI and it’s wrong, that could have consequences for the client – that’s not a conversation any lawyer wants to have.”
At the same time, customers are increasingly using AI themselves. Berlow-Jackson says long AI-generated instructions are becoming more common, but these can sometimes contain inaccuracies or assumptions presented as fact.
“Clients sometimes send detailed summaries produced by AI and the facts have to be carefully checked. This can actually increase the lawyer’s workload because they have to translate them back into the basic facts they need to work,” says Berlow-Jackson.
Confidentiality is another key consideration. Berlow-Jackson emphasized that attorneys need to understand how any AI platform handles client data before using it. “Not all AI systems are equal. Lawyers have a responsibility to ensure that client information remains confidential. Understanding how an AI provider handles and stores data is an essential part of that assessment.”
Despite these concerns, he believes that AI can play an important role in modern legal practice if used responsibly. “AI is a very valuable tool – but with one important caveat: you have to know where the limits are and remember that you are still the professional. The responsibility falls on your shoulders – so if AI gets it wrong, it is ultimately you who is on the hook, not AI.”
For more information visit www.scotlegal.co.uk