Artificial Intelligence (AI) is rapidly transforming the UK legal landscape, particularly around case preparation and evidence disclosure. While AI offers significant efficiency gains, it also introduces complex challenges that legal professionals must carefully consider.
Criminal disclosure: Embracing AI with caution
A government-backed review led by Jonathan Fisher KC highlights the potential of AI to alleviate the burden of evidence disclosure, which currently consumes a significant portion of resources and contributes to court backlogs. The review recommends adopting AI-driven frameworks to streamline document analysis, while cautioning against over-reliance on AI without appropriate safeguards.
The Serious Fraud Office (SFO) has been at the forefront of integrating AI into criminal investigations and has been trialling Technology Assisted Review (TAR) enhanced by AI in a live case. Human oversight over AI use is, however, key as prosecutors remain accountable for disclosure decisions and meeting their legal obligations.
Civil proceedings: Proportionality and transparency
In civil litigation, the use of AI, including predictive coding, has been recognised as an efficient method for managing large-scale document disclosure. The Civil Procedure Rules, particularly Practice Direction 31B, provide guidance on electronic documents, emphasising the importance of proportionality and transparency.
Recent guidance from the judiciary advises that AI tools should be used responsibly, with appropriate safeguards to maintain the integrity of judicial proceedings. Legal practitioners are encouraged to stay informed on evolving case law and judicial guidance concerning AI-driven disclosure.
Best practices for legal professionals
To harness the benefits of AI while mitigating risks, legal professionals should:
- Maintain Human Oversight: Ensure that AI-assisted processes are subject to human verification to minimise errors and biases.
- Ensure Transparency: Use AI tools capable of generating detailed audit trails to facilitate review and challenge if necessary.
- Stay Informed: Keep abreast of evolving regulations, case law, and best practices related to AI in legal proceedings.
- Invest in Training: Provide sufficient training to legal teams to understand and effectively utilise AI tools within the bounds of legal and ethical standards.
As AI continues to evolve, its use and integration into legal procedure presents both opportunities and challenges. By adopting a cautious and informed approach, legal professionals can leverage AI to enhance efficiency in ways that do not compromise compliance with legal obligations.
Nabeel Osman
Nabeel Osman is Partner at Spencer West LLP
