The Civil Justice Council (CJC) in England and Wales is considering how AI (artificial intelligence) can be used in the legal system, particularly in preparing court documents.
In 2025, the CJC created a specialist working group to examine how lawyers and experts are using generative AI tools such as ChatGPT in litigation. The group launched a formal consultation in February 2026 which closed in April 2026.
The consultation was created in response to growing use of generative AI tools such as ChatGPT in legal work, in areas such as analysing large volumes of materials, legal research, drafting pleadings and creating case summaries.
The CJC was, and is, concerned that while AI can improve efficiency and access to justice, it also creates serious risks, including:
• inaccurate or fabricated legal citations (“hallucinations”)
• unreliable evidence
• bias
• lack of transparency
• and it has the potential to undermine trust in the justice system.
Key proposals and considerations in the consultation include:
• requiring legal professionals to remain fully accountable for AI-assisted documents, which is part of the duties legal professionals owe to the courts
• introducing declarations confirming AI has not altered witness evidence or witness statements, and witness statements are a reflection of the witness’s own recollection
• increasing transparency around AI use in expert reports
• and potentially updating Civil Procedure Rules to govern AI usage formally
The Law Society of England and Wales Response
The Law Society of England and Wales has responded to the Civil Justice Council consultation urging the UK government and regulators to ensure AI is used responsibly in preparing court documents.
The Law Society is calling on the Solicitors Regulation Authority to issue clear guidance on how solicitors’ professional duties apply when AI is used to prepare court documents and review its Code of Conduct. HM Courts & Tribunals Service also need to introduce simple and accessible guidance on AI use in court.
Calls for a Public Debate
The stakes are high when AI is used in court. A public debate is needed about the implications and the Ministry of Justice must review the use of AI across the justice system by launching a public consultation.
The Law Society acknowledges that AI has significant benefits, potentially improving efficiency, reducing costs, expanding access to justice for everyone, easing court backlogs and supporting economic growth. But risks can be substantial too. These include inaccuracies or ‘hallucinations’, biases and unfair outcomes, as well as issues with confidentiality and data protection.
New measures to improve transparency of AI use in court are important, but are not enough in isolation. The Law Society recommends taking some practical step-by-step actions to introduce new disclosure requirements to clearly state when AI is used.
While professional responsibilities remain central, the ability of solicitors to effectively oversee AI depends on proper training and organisational support. There must be more clarity and help.
Ian Jeffery, chief executive at the Law Society, has said:
“We need a balanced framework to support the use of AI in court proceedings. Artificial intelligence can improve efficiency and level the playing field for everyone to be able to access timely justice. However, there have to be safeguards for accuracy and fairness that build public trust in the system. A range of measures, including training and good governance of AI systems must work alongside new rules on transparency. Clear guidance is needed to support legal professionals and the public navigate this new AI era.”
Jeffery continues: “The Law Society is committed to working with the Civil Justice Council, the courts, regulators and the UK government to ensure suitable guardrails are in place and that AI is deployed for the public good. Other countries are acting to create the right conditions for responsible AI use in the courtroom and there is no reason why we shouldn’t too.”
