It is said that lawyers, like university students, are greatly increasing their use of artificial intelligence, or AI. This may, of course, lead to errors which cause clients loss. Those would normally be the subject of claims in the tort of negligence. But, as Dr Philip Morgan points out in a highly illuminating chapter in the recently published Cambridge Handbook of Private Law and Artificial Intelligence, the use of AI may give rise to various problems for the tort of negligence. First, what is the standard of care to be applied in relation to legal work which has been done by an AI agent, such as generative AI based on large language model (‘LLM’) systems, for example Chat GPT? Is it the standard of care to be expected of the reasonably competent human solicitor, or should there be a different test where the result was not produced by a human? …
€ (Westlaw)
William Flenley, ‘Artificial intelligence and lawyers’ negligence’ (2026) 42(1) Professional Negligence 12-19.
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