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Ethics opinions & regulator guidance

The future of agentic AI in legal practice

The Law Society of England and Wales · 2025 · The Law Society, research and campaigns

The futureGovernanceVerificationFirm leadership considering autonomous or multi-step AI systems
Why it is on the shelf. A regulator-adjacent body stating plainly that there is a widening gap between professional responsibility and the practical ability to inspect what a system did. That gap is the central design constraint on agentic deployment.

The Institute's reading

Most writing about agentic AI in law is written by people selling it, and it describes capability. This is one of the few serious treatments written from the other direction — starting from what a solicitor is obliged to do and asking whether these systems permit it.

The finding that matters is a structural mismatch rather than a technical shortcoming. A solicitor remains professionally responsible for work produced under their name. An agentic system produces work through a long chain of intermediate decisions — which sources to consult, what to discard, when the task is complete — most of which are not surfaced and some of which are not recorded. The responsibility has not moved; the ability to discharge it by inspection has. The Law Society names this as a widening regulatory and liability gap, and does not suggest it closes on its own.

The practical consequence for a firm is a design rule rather than a prohibition. Systems that escalate consequential decisions to a human and keep a readable record of what they did are compatible with professional obligations as they currently stand. Systems that impress by needing nobody are, on this analysis, exactly the ones a firm cannot supervise. That inverts the usual procurement instinct, which rewards autonomy.

Key propositions

  • Solicitors remain responsible for outputs produced by agentic systems they cannot fully audit.
  • The gap between responsibility and auditability is widening, not closing.
  • Intermediate decisions in an agentic chain are frequently neither surfaced nor recorded.
  • Systems that escalate decisions and log their steps are the ones compatible with current obligations.

In practice

  • Auditability should be a procurement requirement, weighted above autonomy.
  • Mandatory human checkpoints are the practical control, and they must be designed in rather than added later.
  • Logging must cover the process, not just the final output, or supervision cannot be evidenced.

Where authorities disagree

The optimistic counter-position is that this is transitional — that auditability tooling will mature and the gap will close. The pessimistic one is that a system complex enough to be worth deploying is complex enough that meaningful human inspection of every step is impossible in principle, and that the profession will have to change what supervision means. This is genuinely unresolved. Note that the jurisdictional frame here is England and Wales; the structural argument travels, the regulatory specifics do not.

AI adoption conciergeorientation · not legal or ethics advice
Happy to dig into it. What would you like to pressure-test from The future of agentic AI in legal practice: one of its propositions, how it applies to your situation, or where it disagrees with the rest of the shelf?