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White paperMichael Clark
Two Exposures, One Principle
The SRA's 17 August 2026 warning notice on the misuse of AI rests on one principle, that the use of AI does not diminish or transfer professional responsibilities, and the same principle governs advice to clients on the AI Act: the solicitor stays responsible for work resting on material someone or something else produced. The Codes turn each duty into a question of what the firm can show. The first steps are a record against the notice, a confidentiality gate before upload, a date check of opinions and a two-stage engagement.
Key findings
- The SRA's warning notice rests on one principle: the use of AI does not diminish or transfer professional responsibilities.
- Where a lawyer places false citations before the court, whether through unchecked AI or otherwise, the courts have said referral to the regulator is likely to be appropriate.
- Uploading client material to an open-source AI tool can waive privilege, and no review of the output will show it, so the control has to sit before the tool.
In the paper
- One principle, two exposures
- What the courts have said
- Confidentiality is the more serious exposure
- The Codes turn each duty into evidence
- The opinion you cannot give
- Where the two meet
Michael Clark
Chief Executive Officer, Standard Intelligence
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