Insights

How many lawyers use AI in Italy: CENSIS data

3 min read · Editorial oversight: Avv. Federico Papa

The adoption of artificial intelligence (AI) in the Italian legal profession has grown significantly in recent years, transforming the daily practice of law firms. According to official data, the profession is divided between those embracing technological innovation and those concerned about risks related to confidentiality and data accuracy. Selecting the appropriate tool has become the line between professional efficiency and the risk of disciplinary or procedural sanctions.

In brief

The CENSIS and Cassa Forense report indicates that 27.5% of Italian lawyers utilize AI, with high adoption rates among professionals under 40. Pursuant to the Italian Code of Conduct (Articles 12 and 27) and CNF guidelines, lawyers must provide prior disclosure to clients regarding AI usage. Improper use of generalist models leads to aggravated procedural liability under Article 96 of the Code of Civil Procedure and sanctions from the Data Protection Authority for lacking a DPIA. Human intellectual input remains irreplaceable, prohibiting total delegation to algorithms.

1.
Evolution of CENSIS data on AI adoption
According to the recent Report on the Legal Profession by CENSIS and Cassa Forense, initially 27.5% of Italian lawyers used AI, with a further 31.7% intending to do so. Recent surveys, however, demonstrate a turning point: a growing proportion of lawyers now use AI, with particularly high adoption rates among professionals under 40.
2.
Duty of disclosure and transparency toward the client
In accordance with the duties of disclosure and competence (Articles 12 and 27 of the Code of Conduct) and CNF guidelines, lawyers are required to inform clients in advance when using AI systems. This requirement protects the fiduciary relationship, ensuring that clients are fully aware of technological tools utilized in executing their legal mandate.
3.
Risk of sanctions for using generalist AI
The use of generalist AI models has resulted in severe judicial consequences, including sanctions imposed under Article 96 of the Code of Civil Procedure. A key risk involves aggravated procedural liability stemming from the improper use of unverified tools that can generate inaccurate content or non-existent legal citations.
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4.
CNF guidelines and professional responsibility
The National Bar Council (CNF), in adopting the CCBE guidelines, reaffirmed that human intellectual input must remain central. The lawyer retains sole responsibility for every legal document produced, with a strict prohibition against delegating tasks entirely to algorithms, a measure essential to preventing hallucinations typical of generalist models.
5.
Privacy and compliance with the Data Protection Authority
The Data Protection Authority has stepped up scrutiny of AI tools that lack a proper Data Protection Impact Assessment (DPIA). Utilizing systems that fail to guarantee data confidentiality and professional secrecy exposes lawyers to sanctions for non-compliance with privacy legislation.
6.
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7.
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Editorial oversight: Avv. Federico Papa·ICAMContent drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

Frequently asked questions

What are the risks for a lawyer using ChatGPT or other generalist models?

The primary risks involve hallucinations of non-existent citations, which can trigger professional or procedural liability, as well as privacy violations. Generalist tools often lack a proper DPIA, exposing the professional to regulatory sanctions by the Data Protection Authority.

What do disclosure duties regarding AI use entail?

Duties of diligence and ethical standards require lawyers to inform clients in advance when AI systems are used in handling their mandate. This obligation ensures transparency and protects the fiduciary relationship between attorney and client.

Is it possible to entirely delegate the drafting of legal documents to AI?

No. Under CNF guidelines and the regulation of the legal profession, human input must remain predominant. The lawyer is solely responsible for the content produced and cannot delegate their intellectual role to an algorithm.