As AI continues to be a buzzword in the industry, many businesses are looking to implement AI policies to regulate its use. The risk of not having a policy is that someone in the business may be using AI for work purposes without authorization. Therefore, all firms should have some form of AI policy, even if it’s just to state that AI is not approved for business use.
Creating an Effective AI Policy
A good AI policy should be bespoke, short, and practical. It’s unlikely that two firms will have the same policy, so it’s best to create a tailored policy rather than adopting a pre-made template. The policy should be clear, concise, and directed at the people who need to apply it.
One way to make the policy more effective is to use highlight panels to draw out key practical policy points. The policy should also be directly relevant to the business and reference wider policies and procedures. It’s essential to check that the policies are appropriate to the sector, strategy, and risk appetite.
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Considerations for an AI Policy
When creating an AI policy, there are several considerations to keep in mind. The policy should state clearly who it applies to, including all fee-earners and support staff. It’s also important to include a short paragraph outlining why the policy exists and what it is intended to achieve.
The policy should include a brief definition of what is meant by AI, which will likely focus on Generative AI. Other definitions can be included in a schedule to ensure that the key policy messages come to the fore. The policy should also outline the principles of AI use, which will be guided by core principles informed by the SRA Codes of Conduct, professional ethics, and the firm’s strategy and values.
The policy should have a process for assessing new use cases and clearly sign-post this in the policy. Using an ‘urgent’ flag to expedite priority requests can reduce the risk of people bypassing the policy and taking matters into their own hands.
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AI Risks and Rewards
The policy should outline both the potential risks and benefits of AI use. Some staff may be eager to use AI, while others may be wary or even suspicious. A clearly expressed factual exposition of both benefits and risks can help engender appropriate caution in the most eager adopters and reassure those with concerns.
The firm’s strategy and values will guide the principles of AI use.
Maintaining a separate schedule of personnel who have received appropriate training on the policy and any particular tools for which they are to be approved as users can evidence that the firm implements meaningful controls and helps identify non-approved uses.