What it means for a UK law firm
Generative AI writes new text each time it answers. That is why generative AI can draft a letter or summarise a contract, and also why it can produce plausible statements that are wrong. A solicitor should treat generative AI output as a draft that needs checking, not as a finished piece of work.
Generative AI differs from older legal technology such as keyword search or technology-assisted review in disclosure, which rank or classify documents that already exist. A generative AI tool can describe a document that it has not been given, or a case that does not exist, unless it is tied to source material.
Generative AI's limits are recognised by the judiciary. The judicial guidance on AI published for judges in England and Wales warns that AI tools may make up fictitious cases, citations or quotes, or refer to legislation that does not exist.
Example
Illustrative scenario
A trainee asks a generative AI tool to draft a letter before claim. The tool produces a fluent draft, but the letter refers to a paragraph of the pre-action conduct practice direction that the trainee cannot find. The supervising solicitor treats the draft as a starting point and checks every reference before the letter is sent.