The risks of using AI for legal advice
Artificial intelligence has revolutionised the way we live, work, and play. And most of us now use some form of AI daily, whether to boost efficiency at work or to organise our personal lives.
As a law firm, we have seen our fair share of clients using AI. Sometimes it’s just to better understand the legal process before their first meeting, but in some cases, to draft their own legal documents, such as Wills and commercial contracts.
There is no getting away from the fact that AI is a useful tool, but can it really replace the advice a qualified lawyer can provide?
Can I use ChatGPT for legal advice?
There is nothing to stop you from searching for legal advice on ChatGPT or another AI tool or source. AI tools are continuously evolving to provide comprehensive information from a range of online sources, and there is no question that the quality of that data is improving. However, while AI can seem like a no-brainer way to save money, time and effort on seeking legal advice, it cannot replace the qualifications, specific knowledge and experience of a qualified lawyer.
OpenAI changes its usage policy
In October 2025, OpenAI (the developers of ChatGPT) amended its usage policy to specify that it cannot provide legal advice. The policy now says that you cannot use ChatGPT for the ‘provision of tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional.’
While this update might be a way for OpenAI to protect itself when things go wrong for those relying on AI for legal advice, ChatGPT is still providing this type of information.
Why you shouldn’t use AI for legal advice
A lack of regulation
In the UK, whilst various areas of law might touch on the use of AI, there is no single or central regulator responsible for the general oversight and regulation of AI. The legal industry, however, is heavily regulated, and legal professionals undergo years of training and qualifications to enable them to provide accurate and bespoke legal guidance.
If you instruct a regulated legal professional and something goes wrong, you will be protected through their firm’s professional indemnity insurance as well as potential routes via the Legal Ombudsman, the Solicitors Regulation Authority or the Chartered Institute of Legal Executives. If you rely on ChatGPT or other AI tools for legal advice and it’s wrong, you’re on your own.
It doesn’t understand the nuances of your situation
If you need legal advice, instructing a lawyer not only means the advice will be accurate in terms of the relevant laws that apply, but it will be tailored to your personal circumstances and with your best interests in mind.
As an example, when you ask a Will Writer to draft your Will, they can spot that there may be tax considerations and suggest appropriate professionals to speak with for that advice. They can also consider who is best to act as your Executor/s based on your family dynamics (not a legal matter but one of judgement based on years of experience in this area). They will also ensure the Will is signed and witnessed properly.
An AI tool cannot do all of this, and even if it could, it would rely on you anticipating all the things that Will Writer might ask based on their expertise.
Inaccurate information
Although AI tools are constantly evolving and the data is improving, they are not always up to speed with changes to legislation. The law changes: some areas more than others (as we’ve recently seen with the Employment Rights Bill), and the likes of ChatGPT may not pull the most recent case law or procedures.
Relying on incorrect legislation could mean you end up asking a lawyer to fix it anyway, which may end up costing you more than it would have had you instructed one in the first place.
Privacy and confidentiality: beware of open-source AI
One of the main risks of using AI for legal advice is that many AI tools, such as ChatGPT, are open source. This means that the information you put in can be seen, distributed and modified by the tool and anyone who sees it. You should therefore be wary of inputting confidential or sensitive information.
When you instruct a qualified lawyer, your information is kept confidential.
AI documents may not be legally binding
Most documents, agreements or contracts must adhere to regulations or acts to be legally valid. For example, a Will is only valid if it satisfies the requirements under the Wills Act 1837, which include it being signed and properly witnessed. If it doesn’t, the Executors cannot administer the estate, and it may lead to an inheritance dispute. AI tools have no way of enforcing or checking that this happens.
Blog | Can I use AI to write a Will?
Our Corporate and Commercial team recently helped a client ‘fix’ an AI-generated shareholders’ agreement which contained conflicting clauses and unworkable provisions. Commercial agreements such as these are akin to an insurance policy. In an ideal world, you may not ever need to refer to it again, but when you do, it’s vital that it does the job intended. A key risk of an AI-generated agreement is that it will lack the certainty required to be a binding and enforceable legal agreement.
When you can use AI for legal advice
AI tools can be useful for:
- Outlining your needs or key issues and identifying how a lawyer might be able to help.
- Generating ideas to consider with your lawyer or suggesting clauses for discussion.
- Finding reputable and highly rated lawyers who specialise in that area of law. Most AI tools will list local and national lawyers based on their reviews and reputation.
Will using AI result in cheaper legal fees?
We often receive requests from clients who have produced agreements or documents themselves, looking for someone to quickly review and sign off on the ’legals’. The use of AI means the ability to do this is open to everyone, and the documents produced in this way, on their face, seem to produce a near-final product. Clients are then surprised when told that the costs involved for a review will likely be the same, if not more than, if the lawyer had started from scratch.
When taking on a client, a lawyer is assuming responsibility for their matter and the work produced. The work involved in reviewing a document that has been drafted by a non-lawyer means checking the draft line by line and, in the case of AI-generated agreements, verifying any clauses, cases, or references against reputable sources. The lawyer also needs to consider the specific circumstances and nuances, any material risk areas, what is not there that should be there and ensure all these are addressed adequately. Whilst there may have been time saved by the lawyer not producing the original draft, that time saving is fast eroded by the time required for the lawyer to validate the output.
Fixing AI-generated problems
We have had several clients come to us with AI-drafted documents that are not fit for purpose, which has only been realised when something has gone wrong. Examples include:
- A client who used ChatGPT to draft an acquisition agreement, which was used to buy a small business. It transpired that this was not suitable, and he would have to spend thousands more to rectify it.
- A home buyer who used an AI tool to complete Land Registry forms, which our Conveyancing team noticed were incorrect and unlikely to be accepted.
- A divorce client who used ChatGPT to draft their own response, which our family lawyers then had to unpick and rewrite (at a cost to the client).
Need help? Contact us for real legal advice
Whilst AI might change how people approach legal services, the value in using a lawyer remains the same. Clients are paying for judgement, experience, and ultimately, someone to take professional risk and responsibility for that advice.
The only way to ensure you receive accurate and legally sound advice is to speak to a lawyer.
Whatever legal advice you need, call us on 0117 325 2929 or fill out our enquiry form. If you have already used AI to draft a legal document and things have gone wrong, we may also be able to help. Get in touch for more information.
