On 17 August 2026, the Solicitors Regulation Authority published Warning Notice: Misuse of AI. The Warning Notice sets out guidance for solicitors and law firms on their obligations regarding the use of AI (SRA News Story). The SRA will have regard to it when exercising its regulatory functions.
The SRA is concerned about two areas in particular: (i) court or other documents containing false or incorrect information, including citations, as a result of the misuse of AI; and (ii) risks to client confidentiality.
AI hallucinations
AI tools can produce 'hallucinations' such as fictitious cases and references that have no basis in fact. The Warning Notice highlights key obligations in relation to this (with reference to paras in the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs) including ensuring:
- the service provided is competent with effective supervision of work (paras 3.2, 3.5 and 3.6). Those supervising junior or non-authorised colleagues may also be in breach of regulatory requirements and professional duties if false citations are put before the court without adequate review and/or supervision; and
- submissions of named case law authorities are genuine and that representations made are properly arguable (paras 2.2 and 2.4). Putting false material before the court could be considered contempt of court.
The Warning Notice also makes reference to the SRA Code of Conduct for Firms and the requirements for firms to maintain effective systems for supervising client matters and managing risks (including those arising from AI).
It notes that in R (Ayinde) v London Borough of Haringey [2025] EWHC 1383 (Admin) the use of false AI-generated case citations led to wasted costs being considered and referrals to the relevant professional regulators.
Client confidentiality
The Warning Notice emphasises that, under para 6.3 of both Codes, it is important to ensure that client confidentiality is maintained. In UK v Secretary of State for the Home Department [2026] UKUT 81 (IAC), the Upper Tribunal noted that "to put client letters and decision letters from the Home Office into an open source AI tool, such as ChatGPT, is to place this information on the internet in the public domain" (para 21). The Warning Notice highlights that using AI tools in this way will likely breach client confidentiality and as a result legal professional privilege may be permanently waived. It also notes that both free and paid-for AI systems may pose risks to client confidentiality.
In-house solicitors in particular are reminded to consider the AI tools available to them and whether conflicts with their own duties and professional responsibilities may arise.
The Warning Notice links to further guidance and materials which may assist in managing the risks associated with the use of AI.
First published on the Employment News Service on 18 August 2026
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