A lot of small law firms already use AI, whether or not anyone has decided they should. Someone summarises a long email chain in ChatGPT. A paralegal tidies a letter in Copilot. A partner asks it to explain a regulation she hasn't touched in years.
Plenty of them don't have a decision about how. That gap is where the risk lives.
In Clio's 2026 survey of UK and Irish legal professionals, 17% of firms had no formal AI policy at all. In Victoria's 2025 lawyer census, 45% of lawyers said their workplace had no AI guidelines, and another 13% weren't sure. The tools arrived first. The rules are catching up, quickly.
Here's a plain-English AI use policy you can copy, adapt and have signed off within a few weeks. I built it from what regulators and courts in England and Wales, Australia and Singapore actually say, and I've linked every source so you can check my reading of it.
Why this matters now
Two years ago, “be careful with ChatGPT” was the advice. Now there are consequences.
England and Wales. In June 2025 the High Court dealt with two cases where lawyers put fake, AI-generated citations before the court (Ayinde and Al-Haroun). The court said lawyers have a professional duty to check AI research against authoritative sources, that managing partners need “practical and effective measures” in place, and referred solicitors to the regulator. In August 2026 the SRA followed with a formal Warning Notice on the misuse of AI. Its line on fake citations is blunt: “Reliance on an output of AI would not be a suitable defence in this scenario.”
Australia. The NSW, Victorian and WA regulators issued a joint statement in December 2024 saying firms should have risk-based AI policies. NSW Supreme Court Practice Note SC Gen 23 has been in force since February 2025 (the Chief Justice opened a review of it in November 2025), Queensland added a verification rule in September 2025, and the Federal Court issued its own practice note in April 2026.
Singapore. The Ministry of Law published its Guide for Using Generative AI in the Legal Sector in March 2026. It's non-binding, but it's specific: appoint an AI lead (one person is fine for a small firm), approve tools by how sensitive the data is, keep records, and consider telling clients.
The direction is the same everywhere. Using AI is fine. Using it without a system is what regulators and courts are starting to call out.
What every regulator agrees on
Read the guidance from all three countries side by side and six points come up again and again. I'd build all six into your policy.
- Client confidentiality comes first. Confidential, privileged or personal client information doesn't go into public chatbots. The Law Society of NSW puts it well: doing so “is akin to putting it in the public domain”.
- A person checks every output. Especially citations. And checking with another AI tool doesn't count, which the NSW and Singapore courts both say explicitly.
- The lawyer stays accountable. Not the tool, not the vendor, not the IT person.
- Someone leads and supervises. A named person owns the policy, and supervisors check AI-assisted work from the people they supervise.
- People are trained. You can't verify an output you don't understand.
- The firm writes it down. Approved tools, what they're for, what's off limits, and a record of how it's going.
Where the three countries differ
Mostly on two things: what you tell clients, and what you tell the court.
| Telling clients | Telling the court | |
|---|---|---|
| England & Wales | SRA Risk Outlook (2023): tell clients when you'll use AI on their case. The 2026 Warning Notice doesn't address client disclosure. | No routine disclosure, but be ready to confirm you verified everything. Civil Justice Council recommendations pending. |
| Australia | Joint statement and Law Society of NSW: be transparent, get approval, and make costs reflect the work done. | Depends on the court. NSW has the strictest rules (affidavits, expert reports, submissions). Federal Court and Queensland have their own. |
| Singapore | MinLaw guide: “should consider informing clients”, especially where AI use is substantial or affects costs. | No declaration unless the court asks. You're fully responsible for the content. |
My view: always tell clients. Once, clearly, in your engagement letter, with an easy way to opt out. It costs one paragraph. In the same Clio survey, 79% of the public said lawyers should disclose AI use, and only 7% of clients recalled their lawyer telling them unprompted. One paragraph changes that. There's sample wording in section 7 of the template.
The template
Copy it, swap the bracketed parts for your firm's details, and delete the court rules that don't apply to you. It's deliberately short. A policy people actually read beats a perfect one nobody opens.
How to put it in place
The document is the easy part. Adoption is where most firms stall, and it's the part I care most about in my work with service firms. Four steps:
- Find out what people already use. Ask everyone, without blame, which AI tools they've tried for work in the last month. You'll be surprised. That list is your starting point for section 3.
- Pick one AI lead and two approved tools. Check each tool's settings so your data isn't used for training, and write down the date you checked.
- Run a 45-minute session, then send a one-page summary. Walk through the three levels (Public, Internal, Confidential) with real examples from your own matters. People remember the example where a client name almost went into a chatbot. They don't remember paragraph 4. The one-pager is what they'll check six weeks later.
- Put the review in the calendar now. Six months from today. Rules will have moved by then.
Your one thing this week: send the “what do you already use?” question to your team. Everything else builds on the answer.
How this was written
This article was drafted with Claude, an AI assistant. It did the research and the first draft, and a separate AI review re-checked every source. I read it, edited it, and the views in it are mine.
Sources
Checked on 15 October 2026 and re-checked on 19 October 2026. Court rules in particular change often, so open the current version before relying on any of these.
- SRA, Warning Notice: Misuse of AI (17 August 2026)
- SRA, Risk Outlook: the use of artificial intelligence in the legal market (November 2023)
- Law Society of England and Wales, Generative AI: the essentials (living document, accessed October 2026)
- Ayinde v London Borough of Haringey; Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin) (6 June 2025)
- Courts and Tribunals Judiciary, AI Judicial Guidance (October 2025)
- Civil Justice Council, Use of AI in preparing court documents (consultation, 2026)
- Law Society of NSW, Legal Practice Board of WA and Victorian Legal Services Board + Commissioner, Statement on the use of AI in Australian legal practice (6 December 2024)
- Law Society of NSW, A Solicitor's Guide to Responsible Use of AI (updated January 2026)
- ICO, Guidance on AI and data protection (UK; the ICO says it is under review following the Data (Use and Access) Act)
- Supreme Court of NSW, Practice Note SC Gen 23 (commenced 3 February 2025; under review since November 2025)
- Federal Court of Australia, Generative AI Practice Note (GPN-AI) (15 April 2026)
- Supreme Court of Queensland, Practice Direction 5 of 2025 (24 September 2025)
- OAIC, Guidance on privacy and commercially available AI products (updated January 2025)
- Singapore Ministry of Law, Guide for Using Generative AI in the Legal Sector (6 March 2026)
- Supreme Court of Singapore, Registrar's Circular No. 1 of 2024 (effective 1 October 2024)
- PDPC, Advisory Guidelines on Use of Personal Data in Generative AI (20 July 2026)
- Victorian Legal Services Board + Commissioner, Generative AI Use in the Legal Profession: 2025 Victorian Lawyer Census (2026; 1,887 respondents)
- Clio, UK and Ireland Legal Insights Report 2026 (April 2026)