The deep dive, two of twelve

The machine can draft; a lawyer can profess.

Advice is not a category of text. It comes into existence at the moment a person who has professed takes responsibility for it, which is what paragraph 3.5 of the SRA Code and rC20 of the BSB Handbook have been saying all along.

On Declaration II of the manifesto: The machine can draft; a lawyer can profess. By Chris Dias.

The professed seal, pressed in green wax, with the numeral II at its centre

The most useful thing AI did for my practice was to expose how much of what I had been selling was not the thing I thought I was selling.

Give a good model a decent brief and it will produce a competent letter of representations. Not a brilliant one, but competent, and in ninety seconds, and it will do it again for the next client at a cost that rounds to nothing. My first reaction to that was the reaction most practitioners had, which was a slightly cold feeling in the stomach. My second, which took longer, was to notice that nothing the machine had produced was advice. It was material. It became advice at a particular moment, and I could tell you exactly which moment.

It was the moment I read it and decided it was right.

That sounds like a small thing. It is the whole thing. Advice, in law, is not a category of text. There is no arrangement of words that is intrinsically legal advice and no arrangement that is intrinsically not; the same paragraph is a blog post when I publish it and advice when I send it to a client who is relying on me. What changes between those two states is not the content. What changes is whether somebody who has professed has taken responsibility for it. The regulated act is the taking of responsibility, and the text is just the medium it travels in.

The codes say this more plainly than most practitioners remember. Paragraph 3.5 of the SRA Code of Conduct for Solicitors tells us that where you supervise others providing legal services, you remain accountable for the work carried out through them. It is not a rule about AI, and it does not need to be. It is a rule about the structure of accountability in a regulated profession, and it was drafted at a time when the thing doing the work was a paralegal or an outsourcer or a costs draftsman. Point it at a model and it says the same thing without adjustment: the work may be carried out through the machine, and you remain accountable for it. The Bar's version is blunter still. Core rule rC20 requires a barrister to be personally responsible for their own conduct and professional work, and adds that you must use your own professional judgement. Your own. Not the judgement you borrowed from something fluent.

So the machine can draft, and we should let it. What it cannot do is the part that makes the drafting matter. It has taken no vow, sits on no roll, owes no duty to the court, holds no qualification capable of being revoked, and stakes precisely nothing when it is wrong. Ask it whether to appeal or reapply and it will tell you, in confident prose, and a wrong answer will feel no different to it from a right one, because there is nobody in there to feel anything. The confidence is a property of the text, not of any position held.

I think this is where the industry conversation keeps slipping. The question people ask is whether AI can do what a lawyer does, and the answer is increasingly yes for a great deal of it. The question that actually determines what a firm is allowed to be is different: can AI be what a lawyer is. And that one is not on a capability curve at all. You cannot train a system into having something to lose. Responsibility is not a skill; it is an exposure, and exposure requires a party the system can reach.

Which is why I have stopped describing supervision as quality control. Quality control implies the work already exists and we are inspecting it. That is not what is happening when I read machine output on a client matter. Nothing exists yet. There is a very good draft on the screen and no advice in the world, and my reading of it is not an inspection of the product; it is the manufacture of the product. The moment I engage with it properly, disagree with it in three places, cut a paragraph that overstates the evidence and put my name at the bottom, advice comes into existence where there was none.

That moment is the product. It is also the protection, because it is the only thing in the transaction that the SRA can discipline, the court can sanction and the insurer can price. And it is the point of the whole arrangement, which is that when a stranger's life or business turns on a judgement call, a named human being agreed to answer for it.

Give the machine the draft. Keep the moment.

Advice comes into existence at the moment a person who has professed takes responsibility for it.

Declaration II

Next in the deep dive.

Twelve declarations, taken one at a time, each set against the rules that already bind solicitors and barristers in England and Wales.

Declaration III: Be AI-native where it saves time and money All twelve