Generative AI (Gen AI) is a contested space as we end 2024. Its use by lawyers, its regulation by Courts and other bodies as well as its promotion by open source and commercial operators has created an environment where product evangelism and eager adoption from some meets prudence and cautiousness from others.
Regardless of perspective, and in the interest of making informed choices, attempting to understand Gen AI (and the forms, tools, and solutions it drives) is necessary to all engaged in legal practice. Understanding helps practitioners to make coherent, informed and compliant choices rather than expedient, opportunistic or denialistic decisions.
The AI Expert Taskforce was convened by the Law Society of NSW as a key part of one of the President’s 2024 priorities: AI and the legal profession. President Brett McGrath noted on its launch: “The taskforce is central to the Law Society’s commitment to supporting the entire profession as it adapts to technological and innovative advancements that shape the justice system and the way legal services are delivered”.
The Taskforce’s experts worked with the Law Society’s Internal Implementation Working Group to deliver tangible outcomes across three streams or sub committees (Education and Resources for the profession: Regulation, ethics and risk; Education and resources for the profession: AI implementation, use cases and procurement; and Court protocols on AI).
Taskforce initiatives include: a statement of ethics regarding use of AI and emerging technology; a resources page on the Law Society website; an AI glossary; guidance on procurement of AI tools delivered via the Solicitor’s Guide to Responsible Use of AI available via the Law Society website; programming of continuing professional development on AI related subjects such as prompt engineering.
The Court protocols stream of the Taskforce also consulted with the Chief Justice during the drafting of Supreme Court Practice Note 23.
As the Taskforce concludes its work, the President took the opportunity to ask the experts to share with the profession their thoughts, predictions, actions, and tips for lawyers in relation to artificial intelligence. There are common themes around experimentation, scalable automation, education and training, adaptability, privacy and most seriously the need for vigilance with compliance and in monitoring regulatory guidance.
Caryn Sandler, Partner and Chief Knowledge and Innovation Officer, Gilbert + Tobin
What is the most critical AI related activity or action for lawyers right now?
To get up to speed with the technology and understand the opportunities it presents as well as the unique risks. Start experimenting with it.
Do you have a prediction in relation to AI use by lawyers in the coming year?
I think we have observed lots of upskilling over the past two years, the next year we will see real use cases emerge around its use and impact in legal practice.
What is your AI “top tip” for lawyers?
This will change legal practice, so start engaging with it now.
Clayton Noble, Head of ANZ Legal, Microsoft
What is the most critical AI related activity or action for lawyers right now?
Start trying out AI tools now and see what they can do to help you. A bit of experimentation helps. To make sure you’re doing it safely, the Law Society’s Solicitor’s Guide to Responsible Use of Artificial Intelligence is a good place to start.
Do you have a prediction in relation to AI use by lawyers in the coming year?
Generative AI tools are already being used by Australian lawyers of all types, and the uptake is growing fast. It’s incredible to think that it’s less than two years since ChatGPT was launched, kicking off this new wave of Generative AI.
What is your AI “top tip” for lawyers?
Enterprise-grade data protection and compliance is essential if you want to use any confidential documents or information for input into an AI tool. Check on the data protection terms. Also, AI tools that footnote the source material in outputs allow you to check accuracy of the AI output and the reliability of the source.
Genevieve Collins, Chief Executive Partner, Lander & Rogers
What is the most critical AI related activity or action for lawyers right now?
Education and training. Understanding AI’s capabilities, limitations along with governance & ethical frameworks is essential. Lawyers should familiarise themselves with AI tools, experiment & trial emerging AI technologies with a focus on building AI literacy. This knowledge and experience as an early adopter will not only prepare them to respond confidently to client queries but also ensure they are equipped for the evolving legal landscape.
Do you have a prediction in relation to AI use by lawyers in the coming year?
AI adoption in law is set to grow rapidly with emerging AI agents, but organisations must prioritise safe, responsible usage while lawyers maintain vigilance and thorough review.
A recent study indicates that AI usage by legal professionals has surged from 19 per cent in 2023 to 79 per cent in 2024. AI will become integral to various legal tasks, including case preparation, chronologies, legal research, document review and drafting.
What is your AI “top tip” for lawyers?
Embrace AI as a collaborative tool rather than a replacement. Start small by introducing one practical AI tool into your routine, like using Copilot or document review software for everyday tasks. A gradual approach builds AI literacy and comfort, allowing you to explore its capabilities without overwhelming your workflow. AI can handle repetitive and time-consuming tasks, freeing up lawyers to engage in strategic thinking and client interaction. By integrating AI into their practice, lawyers can enhance productivity and deliver more value to their clients. However, it’s essential to maintain a balance, ensuring that AI complements human expertise without compromising the quality of legal services.
Lisa Kozaris, Chief Innovation & Legal Solutions, Officer, Allens
Do you have a prediction in relation to AI use by lawyers in the coming year?
Without a doubt, over time, AI will change how lawyers work and how their services are delivered to clients. We have already seen significant shifts in several key areas including in relation to discovery in litigation, as well as contract review and due diligence. However, while the technology offers incredible opportunities, it certainly won’t replace many of the human elements of being a great lawyer – judgement, intuition, critical and innovative thinking, just to name a few. My prediction for the next year is continued experimentation, benchmarking and deepening our understanding of where AI can deliver real value for our clients and, importantly, where it falls short.
What is your AI “top tip” for lawyers?
The best way to understand AI technology is to engage directly with it. Experimentation and ‘getting your hands dirty’ will help you to explore its capabilities and potential, as well as experience its limitations, firsthand.
Dr Allan McCay, Co-director of The Sydney Institute of Criminology and an Academic Fellow at the University of Sydney Law School, President of the Centre for Neurotechnology and Law.
What is your AI “top tip” for lawyers?
Whilst there has been much recent consideration of how humans should develop or use artificial intelligence (and more specifically in relation to lawyers how they should or shouldn’t use generative AI) some lawyers may benefit by paying attention to the various issues related to us merging with technology.
Neurotechnologies such as Elon Musk’s brain-computer interface company Neuralink are starting to make possible such a merger, and in the coming years some individual lawyers and law firms are likely to develop a client base in this area, especially as Australia has a very strong neurotech ecosystem.
Philippe Doyle Gray, Barrister
My top piece of advice for lawyers is to download a copy of the privacy policy for any AI service they use, carefully read it, highlight any important information, date it, sign it, and file it away in a secure location for future reference. This document is beneficial in two ways: it teaches you something useful and it provides proof of what you did and when you did it, proving that you took reasonable care.
Raymond Sun, Technology Lawyer, Herbert Smith Freehills
What is your AI “top tip” for lawyers?
Start thinking about the law as not solely just a field of rules and words…but now also a field of data. Learn to see legal information as data points, and that a lawyer is basically someone who is trained to analyse, refine and add value to that legal data. Learn to break down workflows as a series of inputs and outputs, and regulations as a puzzle of ‘actionable’ data points. It might be hard at first to develop a ‘data scientist’ mindset, but it’s worth a try because once you do, you’ll gain a natural instinct of how to use and optimise AI (and other tool) for any given task.
MinterEllison
What is the most critical AI related activity or action for lawyers right now?
Find and adopt at least one AI tool which helps improve efficiency at work and ROI of your practice. For instance, use AI to prepare first drafts, or perform administrative, mundane, low value or time-consuming tasks. Those who can master AI may find more flexibility and time saved to focus on strategic matters and collaborating with their clients
Have an AI strategy for your firm and regularly review it in the next 12 months to ensure its relevance to the firm and its clients.
Do you have a prediction regarding AI use by lawyers in the coming year?
AI will become an integral tool of the legal profession. The pace of AI adoption will ramp up significantly after more and more clients have integrated AI into their lives. Clients will expect their legal advisors to harness and share the benefits that AI can bring to their engaged matters.
New ways of servicing clients, through off the shelf or customised AI agents.
New forms of legal services will be made possible by AI, including the productization of some lower value existing legal services
What are your top AI tips for lawyers?
Keep learning about AI and look out for upcoming AI tools which will disrupt your practice. Start small and build from there.
Attend AI events hosted by leading technology companies, to learn more about the technical aspects of AI.
Be aware of the potential risks which AI may bring to your work, and actively manage such risks.
Utilise the resources and guidance from the LSNSW (and other state equivalents), the Law Council of Australia, bar associations and the Courts.
