Short answer: On 17 August 2026 the Solicitors Regulation Authority published a warning notice, Misuse of AI. It does not ban AI. It says firms are free to use AI tools if they meet the SRA's standards, and that solicitors stay accountable for every output, however it was produced. Its two concerns are false information, such as invented citations, reaching courts and others, and client confidential information going into AI tools without proper safeguards.
What does the SRA's AI warning notice say?
The notice applies to all firms and individuals the SRA regulates. The SRA says it has identified cases of AI misuse, "particularly relating to the provision of inaccurate information and client confidentiality". It names two areas of concern:
- Court or other documents containing false or incorrect information, including citations, because AI tools can produce "hallucinations".
- Firms not fully considering and mitigating risks to client confidentiality when using AI systems.
It records that the SRA has received reports from senior members of the judiciary, and several self-reports from solicitors who relied on AI tools that generated inaccurate or misleading content.
Does the SRA ban AI?
No. The notice describes an outcomes-focused approach: the SRA sets the standards but does not prescribe exactly how they are met. Firms "have the freedom to use AI tools and adopt new ways of working, provided they ensure that they meet our standards". The key sentence is: "AI has no separate legal personality; solicitors and regulated individuals who use AI in the course of delivering legal services remain accountable for their work and outputs, regardless of how that work has been prepared."
What does it say about invented citations?
The notice points to R (on the application of Ayinde) v Haringey LBC [2025] EWHC 1383 (Admin), where false AI-generated citations were put before the court. The solicitor and barrister faced a wasted costs application and were referred to their regulators. Citing paragraph 29 of that judgment, the SRA says it is "likely to be appropriate for the court to make a reference to the regulator" when a lawyer places false citations before the court, and that relying on AI output would not be a suitable defence.
The SRA's expectation is that "all submissions of named case law authorities are genuine, relevant, have a verifiable citation, and advance the arguments that are being put forward", and it links this to paragraphs 2.2 and 2.4 of the Code of Conduct for Solicitors. Supervisors can also be in breach if false citations reach the court without adequate review (paragraph 3.5).
What does it say about client confidentiality and privilege?
The notice cites UK v Secretary of State for the Home Department [2026] UKUT 81 (IAC). At paragraph 21 the Upper Tribunal observed that "to put client letters and decision letters from the Home Office into an open source AI tool, such as ChatGPT, is to place this information on the internet in the public domain". The SRA adds that using AI tools in this way "will likely breach client confidentiality and as a result, legal professional privilege may be permanently waived and unable to be recovered".
The notice says both free and paid AI tools can pose risks. Depending on the provider's terms, settings and architecture, information may be stored, retained or used to improve the tool. Client information should only go into AI systems "where appropriate contractual, technical and organisational safeguards are in place". This ties to paragraph 6.3 of both Codes: you keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents. For the practical checks before any client document goes into an AI tool, see Can solicitors use ChatGPT? Client confidentiality before any document goes into an AI tool.
Which SRA rules does the notice point to?
- Code of Conduct for Solicitors, RELs, RFLs and RSLs: 1.4 (not misleading), 2.2 and 2.4 (evidence and properly arguable submissions), 2.5 and 2.6 (contempt; not wasting the court's time), 3.2 (competent service), 3.5 (supervision), 3.6 (competence of those you manage), 6.3 (confidentiality), 7.2 (being able to justify decisions).
- Code of Conduct for Firms: 2.1 (effective governance, systems and controls), 4.3 and 4.4 (supervision of client matters), 6.3 (confidentiality), 8.1 (managers responsible for compliance), 9.1 (the COLP's duty to take all reasonable steps to ensure compliance).
- SRA Principles 1, 2, 4, 5 and 7.
What should a small firm do this month?
The SRA does not prescribe a checklist. The steps below are a practical way to show you meet the standards the notice relies on; they are not SRA requirements.
- Name one owner. This can be the COLP, whose duty under paragraph 9.1 of the Code for Firms is to take all reasonable steps to ensure compliance.
- Find out which AI tools are really in use, including personal accounts, so the firm's systems and controls (paragraph 2.1) reflect reality.
- Write a one-page AI policy: approved tools, what client information must never go into them, and who approves exceptions.
- Set a verification rule in writing: every citation, quotation and factual claim in AI-assisted work is checked against the primary source by a named person before it leaves the firm.
- Read your AI suppliers' terms: where data goes, whether it is retained or used for training, and whether you can delete it. The notice asks firms to satisfy themselves on exactly these points.
- Keep a short record of tool, matter, purpose and reviewer, so you can justify your decisions (paragraph 7.2).
Why does this matter for small firms?
The SRA's own research on sole practitioners and small firms (Thinks Insight & Strategy, June 2025) found that 12% of the firms surveyed were using generative AI, and that, among firms not yet using AI automation or generative AI, the risk of a data breach or of data protection non-compliance was the most-cited barrier. The duties in the notice are the same for a two-partner firm as for a large one, but a small firm usually has fewer people to carry them.
Frequently asked questions
What is the SRA's AI warning notice?
It is a warning notice called Misuse of AI, which the Solicitors Regulation Authority published on 17 August 2026. It applies to all firms and individuals the SRA regulates, and it focuses on two risks: false or incorrect information in court and other documents, and client confidentiality when AI tools are used.
Does the SRA ban solicitors from using AI?
No. The notice says the SRA's outcomes-focused approach gives firms the freedom to use AI tools, provided they meet the SRA's standards. It also says AI has no separate legal personality, so solicitors remain accountable for their work however it was prepared.
Can solicitors put client information into ChatGPT or other public AI tools?
The SRA says client information should only be entered into AI systems where appropriate contractual, technical and organisational safeguards are in place. It warns that using public AI tools this way will likely breach client confidentiality, and that legal professional privilege may be permanently waived.
Which SRA Code paragraphs does the notice rely on?
For individuals it cites paragraphs 2.2, 2.4, 3.2, 3.5, 3.6 and 6.3 of the Code of Conduct for Solicitors, RELs, RFLs and RSLs, among others. For firms it cites paragraphs 2.1, 4.3, 4.4, 6.3 and 9.1 of the Code of Conduct for Firms.
What happens if a firm ignores the notice?
The notice says that anyone who fails to have proper regard to it is at risk of disciplinary action, and that the SRA can and will act where it finds evidence of breaches of its rules.
Sources
- SRA, Misuse of AI, warning notice, published 17 August 2026: https://www.sra.org.uk/solicitors/guidance/misuse-ai/
- SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (in effect from 11 April 2025): https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/
- SRA Code of Conduct for Firms (in effect from 11 April 2025): https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/
- SRA research, Sole practitioners' and small firms' use of technology and innovation (Thinks Insight & Strategy, June 2025): https://media.sra.org.uk/globalassets/documents/sra/research/small-firms-technology-and-innovation-thinks-report.pdf