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Generative AI is finding its way into legal practices either through specific software or readily available 'free' tools like ChatGPT. In 2024 it was estimated that 47 per cent of legal practitioners and 53 per cent of paralegals and support staff across the globe were using AI in day-to-day practice.

With the use of Generative AI tools set to increase, both supervising and supervised solicitors need to understand their responsibilities.  Rule 37.1 of the Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 provides that “a solicitor with designated responsibility for a matter must exercise reasonable supervision over solicitors and all other employees engaged in the provision of the legal services for that matter.”  As Generative AI is already being used widely, one aspect of supervision now involves having conversations around when and in what circumstances Generative AI tools may be used, as well as developing risk management measures to safeguard that use.

Key risk management steps for supervisors include:

1.   Clear communications

  • o   Maintain clear communication and have open conversations with supervisees about the use of Generative AI.
  • o   Supervisors should be clear about what they expect from those they supervise. For example, if a Generative AI tool has been used, it should be brought to their attention.
  • o   Encourage open discussion about use of Generative AI and promote a culture of transparency within the practice.
  • o   Raise awareness of and ensure compliance with any court or regulator publications on the use of Generative AI, such as:

i.    Supreme Court NSW Practice Note SC Gen 23

ii.    Statement on the Use of Artificial Intelligence in Australian Legal Practice

2.    Developing guidelines and policies to provide safe parameters

o   Does your practice have a policy around the safe use of Generative AI?

o   If so, does the policy include:

  • Clarification and guidelines around ethical and confidentiality issues
  • Explanations and use case examples of the limitations applied to the use of Generative AI tools
  • Parameters around access and use
  • Parameters regarding the type of information being used (e.g., sensitive and confidential information)
  • Procedures regarding proper verification of material that is generated
  • Emphasis on the need for transparency with clients, the courts and supervising solicitors
  • Guidance on fair costs
  • Contact details of the team or individual(s) responsible for monitoring use and policy adherence
  • An Incident Response Plan should something go wrong
  • Methods or mechanisms for ongoing education and training

Chances are that someone in your practice has or is using a Generative AI tool. Regardless of whether you have or have not authorised the use of Generative AI in your practice, assume that these tools are being used and put measures in place to safeguard yourself, your clients and the practice.

For further information and guidance, refer to The Law Society of NSW – AI Guidance to Safeguard Consumers of Legal Services.

Cathryn Urquhart is an experienced lawyer and professional skills trainer. She is the Facilitator of the Legal Practice Management Course at College of Law.