The Study Guild

Can UK solicitors use ChatGPT with client data?

Short answer

Only after checking. UK solicitors may use AI tools where the firm has established where data goes, kept supervision proportionate to the matter, and stayed inside confidentiality and privilege. Consumer ChatGPT on default settings usually fails that test. An AI certificate does not change the SRA's existing duties, and prompting skill is not the binding constraint.

What do professional duties actually require?

Confidentiality, proper supervision, and competence. None of those are new because a tool is new. If you would not email a privileged memo to an unknown third party without reading the contract, you should not paste it into a consumer chat window. Privilege is lost more easily than most busy fee-earners assume.

The SRA Standards and Regulations still apply. Generative tools add a destination for data that did not exist on the matter file before. The practical test: could you explain to that client, accurately and without embarrassment, where their material went and who could see it?

Firms that are serious about this pick a business or enterprise tier, read the data-processing terms, and write a policy their COLP can defend. Firms that are not serious share logins to a consumer account and hope.

Sources

What should never go into a general-purpose AI tool?

Privileged material, identifiable client data where the vendor terms have not been verified, and anything a confidentiality undertaking limits to named recipients. Anonymising a matter is harder than removing the client's name. Unique facts, a niche industry and a postcode often identify the file on their own.

Citation fabrication is the daily risk; confidentiality is the career-ending one. Models invent authorities confidently. A checking control against primary sources is not optional polish. It is the difference between a useful draft and a negligent one.

Do solicitors need to tell clients they use AI?

There is no single blanket rule that names every tool, but engagement letters and privacy notices must be accurate about how material is processed. If a client asks, the honest answer has to be available. A notice that still describes a 2019 paper file is the actual problem, not the model.

Sources

Common questions

Does the SRA ban ChatGPT?

No. The SRA has not issued a blanket prohibition. Existing duties on confidentiality, competence and supervision still apply, and they are enough to rule out a lot of default consumer use.

Is a closed, on-premise model automatically safe?

Safer on the data-destination question, not automatically competent. Fabricated citations and silent arithmetic errors still need a human check against primary sources.

Will this programme make me an SRA-compliant firm?

No course can. It can teach a method for assessing tools and writing a policy. Your COLP still owns the outcome.

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