Artificial intelligence (AI) tools are changing how businesses work, and many of our clients are adopting them to increase capability, efficiency and value. The legal framework governing AI is still developing. However, using AI tools in connection with a matter on which Al Tamimi & Company is advising you can create legal risks that are not always obvious. This statement sets out the key risks we encourage clients to keep in mind.

Key risks

• Confidentiality and privilege. Uploading our advice, your communications with us, expert reports or other matter documents into an AI tool, particularly a public or consumer tool or one we have not approved, may compromise confidentiality and may lead to the loss or waiver of legal professional privilege. Prompts and outputs, and any emails or documents created from them, may themselves be treated as documents in legal proceedings and may not be privileged. Please speak to us before using AI tools with any material relating to your matter.
• Inaccurate or invented content. Generative AI tools can produce “hallucinations” and other false or misleading statements, including on legal and technical subjects. AI outputs should not be relied on as the basis for a legal decision unless they have been reviewed by a qualified lawyer.
• Transcription and recording errors. Tools that process audio, such as meeting transcription or note-taking tools, may mishear, omit or misattribute what was said. Their outputs should be checked for accuracy by counsel or another participant before being relied on for decisions with legal consequences.
• Untested performance. Without proper testing and quality control, assumptions about how well an AI tool performs a particular task may prove unfounded. Outputs should not be relied on for significant legal or business decisions without appropriate advice.
• Disclosure in disputes. AI prompts and outputs may form part of your business records, even where they were never acted on or verified. They may therefore be disclosable to opposing parties in current or future litigation, arbitration or regulatory proceedings, and could be used to challenge decisions or the evidence of those involved. Take care when using AI in relation to significant business or legal decisions and, ideally, consult us first.
• Cost and efficiency. AI-generated questions, comments or analyses of our advice are often lengthy, repetitive or not grounded in the facts of your matter. Reviewing and responding to such material can take considerably longer than responding to a direct instruction and may be treated as additional work under our Terms of Business.

Our own use of AI

Al Tamimi & Company is committed to the responsible use of AI. We have adopted principles and guidelines for the responsible and ethical development, deployment and use of AI technologies, and we require our suppliers’ use of AI to comply with our confidentiality, data protection and information security standards.

Working together

This guidance is not intended to discourage the use of AI. Our aim is simply to help you use it with appropriate care and awareness of where legal risks may arise.

If you have any questions or would like to discuss your use or proposed use of a particular AI tool, please contact your relationship partner.