Ethics Hub
Scenario: Your client doesn’t want you to use AI
You are acting for Produce To The People, a company focused on delivering organically-grown vegetables to local customers in the form of regular veg boxes. The veg boxes are delivered by the company’s own electrically-powered vans. The company regularly posts on social media about environmental and ecological issues, encouraging its customers to consider ways of reducing their carbon footprint.
Produce To The People have engaged you to handle the costs aspects of a legal matter. You have held an initial online meeting with them to understand their requirements, and sent them your usual letter of engagement.
After the initial meeting, Produce To The People emails you asking for more information about your firm’s environmental and sustainability policies. They say that they want to ensure that they engage a firm that aligns with their own values around sustainability and protecting in the environment. In particular, they want you to confirm that you will not use generative AI on any aspect of their case, because of the energy consumption involved in running and training AI models.
You had been intending to use your firm’s AI system to automate some of the costs calculations and drafting involved.
What should you do?
- You should obtain your client’s explicit consent to use AI, especially when this involves using confidential or sensitive data.
- In this scenario, if Produce to the People explicitly instructs you not to use AI, then you should follow that instruction, in line with your duties under Principles 1 and 4 of the Code of Conduct. Even if you feel that using AI would have benefits, you must follow your client’s instructions.
- If you feel that not using generative AI would have a detrimental impact for Produce to the People in some way, for example by increasing costs or affecting the time needed to complete the work, you should communicate this to Produce to the People so that they can decide how they wish to proceed. If they insist that you should not use generative AI, you should comply with this instruction.
- If Produce to the People’s insistence that you should not use generative AI means that you feel you are unable to complete the matter on their behalf, you should inform them of this at an early stage so that they have time to find alternative representation. However, you should consider whether declining their instructions on this basis aligns with your professional and ethical obligations.
- In all situations, it is important that your clients understand how AI may be used in their case, so that they can make an informed decision about the work being undertaken on their behalf.
- You should inform your clients if – and how – AI will be used in their case. You should be able to clearly explain to your client how your AI systems work and how any client data will be used. If you are a manager, you should ensure that your staff also understand, and can explain, the AI systems you use.
- If you are using AI, this should be reflected in your client care letter and/or terms of engagement. If your client care letter and terms of engagement does not refer to use of AI, you should review and update them accordingly.
Principle 1.1 – You must act honestly and with integrity, not only in your professional life but also in your private life where your behaviour might reasonably be considered to undermine your adherence to the core ethical principles of the profession.
Principle 1.7 – You must not act in any way which is likely to diminish the trust the public places in you or in the profession of Costs Lawyers.
Principle 4 – Provide a good quality of work and service to your client