AI and Family Law: Should Solicitors Tell Clients When They Use It?

The short answer? Yes.

As artificial intelligence continues to enter professional services and legal practice, the Law Society’s recent guidance has provided a timely reminder for practitioners: if AI tools are used to deliver legal work, clients should receive clear information about how they are being implemented.

Within family law, this level of transparency is exceptionally important. Family law is, by its very nature, deeply personal.

Our clients place a high degree of trust in us, sharing sensitive and confidential information concerning their families, personal finances, and future security. From financial disclosures and bank statements to sensitive medical reports, details about children, and witness evidence, maintaining absolute confidentiality is a fundamental professional obligation.

The Law Society advises that solicitors must carefully evaluate how they access AI systems, review the associated terms of service, understand how data is securely stored and shared, and identify where the service provider operates. Consequently, the integration of technology is not merely a question of operational efficiency; it raises vital considerations regarding how client data is handled and whether clients fully understand the implications.

AI can assist. It cannot take responsibility.

A central message from the regulatory guidance is unambiguous: the adoption of artificial intelligence does not diminish or shift professional responsibility away from the solicitor.

As Brett Dixon, president of the Law Society, observes:

"Professional responsibility cannot be transferred to any AI system."

While technology can help review information, draft initial outlines, or organise complex case materials, the ultimate duty rests with the solicitor to rigorously check the work, safeguard strict confidentiality, and apply independent professional judgement.

And transparency works both ways

Significantly, the expectation of openness and transparency is not restricted solely to legal practitioners. Solicitors may also appropriately request that clients disclose when materials submitted to the firm have been generated or assisted by artificial intelligence.

This consideration becomes increasingly relevant when clients utilise AI tools to draft personal chronologies, correspondence, or formal witness statements.

While an AI-generated statement may appear polished and articulate, legal evidence must remain an authentic reflection of the client's own experiences and narrative, rather than an algorithmic interpretation of events.

What does this mean for family solicitors?

While technological advancements can help family solicitors deliver a streamlined and efficient service, family law remains a fundamentally human discipline. Our clients rely on us during some of the most challenging periods of their lives, trusting us with their finances, their families, and their futures.

Being open about the role technology plays in managing a legal matter is an essential component of preserving that trust. Regardless of how sophisticated artificial intelligence systems become, one core principle remains immutable: AI can assist the family solicitor, but it can never replace the family solicitor.

Article by Sophie Hughes, solicitor, Maguire Family Law.