EWJ August 62 2025 web - Journal - Page 94
Despite the wealth of supplementary guidance and
regulator commentary available to lawyers, underpinning the very clear duties in our respective codes of
conduct, the Court’s message is clear:
As the profession continues to realise and embrace the
enormous potential in the adoption of AI-augmented
working, we must do so cognisant of its dangers.
Though many examples have reached us from other
jurisdictions over recent years, Ayinde provides a
timely and local reminder that responsibility for the
accuracy and integrity of work cannot be delegated to
technology. Technologies such as ChatGPT and CoPilot are simply tools. They do not replace the craftsman, nor will the courts allow a bad workman to
blame them.
More needs to be done to ensure that the guidance [on AI use]
is followed and lawyers comply with their duties to the court.
[82]
Though the Court arranged for the judgment to be
sent directly to the Law Society and Bar Council, the
Court’s expectations do not end with the regulators.
Firms and Chambers can now expect a greater level of
scrutiny where instances of AI misuse arise:
James Lloyd specialises in regulatory matters, professional discipline, and emerging issues in AI governance and misuse. He has acted in recent cases
involving the improper use of AI in regulatory contexts, including advising on professional conduct proceedings arising from AI-generated material and
AI-generated material being used to facilitate fraud.
There are serious implications for the administration of justice
and public confidence in the justice system if artificial intelligence is misused. In those circumstances, practical and
effective measures must now be taken by those within
the legal profession with individual leadership
responsibilities (such as heads of chambers and managing partners) and by those with the responsibility for regulating the provision of legal services. Those measures must
ensure that every individual currently providing legal services
within this jurisdiction (whenever and wherever they were
qualified to do so) understands and complies with their professional and ethical obligations and their duties to the court
if using artificial intelligence. For the future, in Hamid
hearings such as these, the profession can expect the
court to inquire whether those leadership responsibilities have been fulfilled. [9]
James shall be speaking on a panel discussing emerging AI trends in the fraud, insolvency and asset recovery sectors across different jurisdictions at
TL4FIRE’s Middle East conference in Dubai on 9
November. James’ speaker code FIREMESPK25 may
be used for a 10% discount.
www.mountfordchambers.com
Hence, practitioners must now act.
Individuals
Any individual practitioner who chooses to use AI
tools to supplement research or drafting must do so
with redoubled caution, understanding that these
tools remain flawed, despite their extraordinary
utility, and cannot be relied upon for accuracy.
It shall be no defence to allegations of misconduct that
deference was paid to an AI tool.
DR AHMED REZK
Firms
The Court’s concerns in Ayinde that the solicitors may
not have sufficiently considered the competence and
experience of counsel before providing instructions,
is a stark reminder. Firms must ensure that they have
in place measures to assure themselves that counsel
instructed in any given case is sufficiently experienced.
Director of Therma-Inova Ltd
BSc, MSc, PhD, SFHEA, CEng, MIMechE.
Dr Ahmed Rezk is the internationally recognised academic, consultant,
founder, and CEO of Therma-Inova Ltd.
Therma-Inova Ltd is a UK engineering innovation consultancy firm that enables
the development and implementation of technological innovations.
As a Mechanical Engineer by education and chartered engineer from the UK
Engineering Council, Dr Rezk is a well-versed innovator in energy efficiency, sustainability
and thermal systems, including renewable cooling & heating technologies.
Junior and senior solicitors alike should be reminded
of the Court’s scathing criticisms in this case: where
caselaw is cited in pleadings or correspondence, even
where drafted by counsel, checks as to the accuracy of
the citation and quotation should always be made.
Dr Rezk has 25+ years of experience in consultancy and R&D, managing and
realising applied projects and supporting businesses in developing and implementing
new technologies nationwide and internationally.
His expert witness service can be used for resolving disputes involving:
• Energy efficiency • Renewables • System failures
• Regulatory compliance • Sustainability claims.
Managing partners and leadership teams should take
heed of the Court’s warning that future cases of AI
misuse shall prompt inquiry by the Court as to sufficiency of training received by offending lawyers.
Contact: Dr Ahmed Rezk
Alternate Tel: + 44 (0)74109103 - Mobile: +44(0) 7874 109 103
Email: a.rezk@thermainova.com - Website: www.thermainova.com
Address: Therma- Inova, Elliott Road, Birmingham, B29 6GW
Area of work: Nationwide and Worldwide
Chambers
Chambers must ensure that the “leadership responsibilities” outlined by the Court in this case are discharged, reviewing their formal training on AI use
and drafting policies and internal guidance.
EXPERT WITNESS JOURNAL
92
AUGUST/SEPT 2025