Law Society Guidance
Does Using AI Violate Your Duty of Competence? What Canadian Law Societies Actually Say.
Juris · May 8, 2026 · 5 min read
The question gets asked in every CLE session on AI in legal practice: is using AI a violation of the duty of competence?
The answer is no. But the follow-up question — what does the duty of competence actually require when you use AI? — is more useful.
What the law societies say
Law Society of British Columbia
LSBC's guidance on technology in legal practice states that lawyers must understand "the capabilities and limitations of any technology tool used in client matters" and must take responsibility for the accuracy of work product before filing or relying on it. LSBC has not prohibited AI — it has required oversight.
Law Society of Ontario
LSO's technology practice tips note that "the lawyer remains responsible for any AI-generated content used in their practice" and must "review and verify AI output before relying on it professionally." This is the same standard that applies to any research source: the lawyer reviews and verifies before relying.
Law Society of Alberta
LSA's ethical guidance on competence requires lawyers to stay current with "changes in the law and its practice, including the benefits and risks of relevant technology." Using AI you do not understand is a competence problem. Using AI you understand and verify is consistent with competence.
Barreau du Québec
The Barreau has emphasized in its AI guidance that lawyers must disclose the use of AI tools to clients when material, must verify AI outputs, and must maintain professional responsibility for all work product. The disclosure obligation is the notable addition.
The pattern
Across every provincial law society that has issued guidance, the pattern is consistent:
- •You may use AI
- •You must understand its limitations
- •You must verify its outputs before professional use
- •You are responsible for the work product
This is not a new standard. It is the existing standard of professional competence applied to a new tool. A lawyer who uses AI the same way they use a junior associate's research — reviewing, verifying, and taking responsibility — is meeting their obligations.
What "verification" actually looks like in practice
The duty of competence does not require you to re-do the research AI did. It requires you to verify what it produced. For legal research, that means:
For citations: Check each case on CanLII or your legal database of choice. Confirm the case exists, confirm the cited proposition matches what the case actually says, and confirm the case is from the jurisdiction and level you need.
For factual claims: Trace each factual claim to a source document. If Sage says "the medical report indicates X," verify that sentence appears in the medical report.
For adverse authority: Ask AI to identify cases against your position, not just cases supporting it. A verified research process includes checking both sides.
Documentation: Record that you did this. A checklist, a note in the file, a timestamp — anything that shows you reviewed the AI output before relying on it.
The Juris approach
Juris's verification workflow is designed around this standard. Every Sage output is watermarked [Unverified]. The verification checklist covers each element above: citation verification (with a direct CanLII link), factual claim tracing, adverse authority review, and a final professional acknowledgment. Your completed checklist is logged and stored.
This is not bureaucratic box-ticking. It is the documented diligence that the duty of competence requires — faster and more systematically than doing it manually.
The bottom line
Using AI does not violate your duty of competence. Using AI without appropriate oversight might. The distinction is verification, documentation, and professional responsibility.
The lawyers who will use AI effectively — and safely — are the ones who treat it as a tool, not a replacement for professional judgment.
Juris's verification workflow is built around the law society standard. 14 days free.
Start free trial