The Supreme Court of New South Wales has released a new Practice Note aimed at addressing the challenges posed by generative artificial intelligence (Gen AI) in legal proceedings. The move has been welcomed by the Law Society of NSW, which lauded the initiative as a critical step in navigating the transformative impact of AI on the legal system.
A Landmark in Legal Evolution
Issued by NSW Chief Justice Andrew Bell, the Supreme Court’s Practice Note SC GEN 23 provides explicit guidelines for legal practitioners on the responsible use of Gen AI tools in court proceedings. It underscores the need for lawyers to understand both the capabilities and limitations of AI technologies they employ.
“Gen AI presents both challenges and opportunities,” said Brett McGrath, President of the Law Society of NSW. “The obligations imposed by the Practice Note will help protect litigants, the broader community, and the justice system itself from the limitations of AI tech. These include the risk of ‘hallucinating’ fictitious case citations in court submissions, and the contamination of witness statements with material not properly in evidence.”
Collaboration Between Judiciary and Legal Professionals
McGrath expressed gratitude to Chief Justice Bell for consulting with the Law Society during the drafting of the guidance, highlighting the vital role played by the Society’s specialist AI Taskforce.
“The Law Society’s timely decision to establish a specialist AI Taskforce of tech and legal experts, including judicial officers, has been invaluable in providing input during this process,” McGrath said. “We look forward to continuing to work with the Chief Justice, and heads of other NSW jurisdictions, to help ensure that NSW’s justice system is dealing effectively with the use of Gen AI in our courts.”
The Practice Note, which comes as the Supreme Court marks its bicentenary, emphasizes the importance of adaptability. Chief Justice Bell has committed to periodically reviewing the guidance to keep pace with the rapidly evolving landscape of AI.
Supporting Legal Professionals in the Age of AI
McGrath noted that the introduction of the Practice Note aligns closely with his 2024 President’s Priorities, which include a focus on AI in the solicitor profession. The Law Society has taken several initiatives this year to prepare its members for the responsible use of AI:
- AI Portal for Legal Professionals: A dedicated platform offering resources on AI in legal practice.
- Solicitor’s Guide: A comprehensive guide to the ethical and responsible use of AI tools.
- Continuing Professional Development: Workshops and courses to help legal practitioners understand and integrate AI effectively.
“The Law Society is committed to continually updating this information, so the solicitor profession has the tools it needs to ensure that AI is used for the benefit of clients, and in doing so honors the ethical obligations to which they are legally bound,” McGrath added.
Public Discussion and Implementation
Chief Justice Bell is scheduled to discuss the new Practice Note on Monday, 2 December at 4:30 PM in the Banco Court. Solicitors are encouraged to attend in person or join via the Supreme Court’s YouTube channel. The Practice Note will officially come into effect at the start of the next legal term.
For more details, visit the official announcement at Medianet.
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