Artificial intelligence is “entering the courtroom to stay” and judges and legal professionals need to adapt if its benefits are to be realised, Scotland’s most senior judge has said.
In a speech to the Royal Faculty of Procurators in Glasgow (RFPG), Lord Pentland said AI technology is already being “widely used” in Scotland and court systems elsewhere, and warned it poses “potentially serious” risks to the justice system.
However, he said if Scotland’s legal profession “rises to the challenge” and seizes the opportunities AI brings, then the technology could improve the public’s access to justice, and help make courts more efficient and cost-effective.
Lord Pentland’s comments came after Lord Reed, President of the UK Supreme Court, recently warned the courts may have to “fight fire with fire” by deploying AI in response to a “huge increase” in claims.
Speaking last week, Lord Pentland, Lord President of the Court of Session, said: “My working assumption is that AI is entering the courtroom to stay.
“All judicial officeholders must be ready, able to understand it and make appropriate use of it.
“That inevitably means the profession must adapt.
“To paraphrase a famous saying: ‘You may not be interested in AI, but AI will soon be interested in you’.”
During his speech, Lord Pentland said the recent UK and Ireland Legal Insights Report 2026 had found 89% of 500 legal professionals surveyed use AI in some capacity.
He said the Scottish Court and Tribunals Service is already using natural language processing and generative AI technologies to enhance the efficiency and accuracy of transcription, summarising and translation services.
This is in addition to using AI to support the submission of online forms in civil actions, which he said are innovations expected to achieve efficiencies and improve court services.
Lord Pentland said: “In an age where many people, particularly younger people, no longer rely on traditional channels to obtain information, we must be prepared to think creatively about how to ensure that all sections of the public understand the importance of the independent justice system for them.
“So, where does this leave us?
“It is not beyond contemplation, that a possible future may emerge whereby the vast majority of civil disputes might be resolved between parties in ways that bypass the traditional courts altogether.
“Where that alternative system is faster, cheaper to use and its outcomes are easier to understand and predict.”
Lord Pentland said the technology had the potential to aid courts further – such as helping judges work more efficiently by sorting and prioritising cases, or summarising lengthy materials.
However, he warned that while AI should be used as a supplementary tool, “judges should not outsource their thinking to an algorithm”.
The Lord President warned of a rise in unrepresented members of the public and organisations using AI to submit often inaccurate materials to the courts, which he said makes it more time-consuming to resolve cases.
He also said the technology must be designed and used in a way which respects the rule of law, and pointed to well-documented concerns that AI tools can replicate, and even exacerbate, human biases.
“In the current context, the AI revolution poses real challenges with which the profession and the judiciary must grapple,” he said.
“I am confident that it will not, as some of its more overexcited promoters suggest, spell the end of judges and lawyers.”
John Bett, Dean of the Royal Faculty of Procurators, said: “The use of AI across society is moving at such a pace there is no doubt the technology is here to stay.
“The Lord President provided a fascinating insight about how AI is already being used in the justice system in Scotland and around the world.
“The question for those in the legal community is how we use it in a responsible way while maintaining public trust.
“The Lord President’s guidance and experience will be paramount in helping lawyers weighing up the benefits and risks when deciding how to use AI.”
