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Snapshot

  • The use of generative artificial intelligence in litigation is rapidly increasing, offering potential benefits while also introducing new complications.
  • Gen AI can be used in various litigation tasks, including drafting and editing, eDiscovery, legal research, summarisation and analysis. Some uses are higher risk than others, particularly when Gen AI is used to draft evidentiary materials.
  • When using Gen AI for litigation, it is essential to comply with court protocols or guidelines, rules of evidence, and relevant professional and ethical standards.
  • New South Wales litigators should be familiar with the Supreme Court’s new Gen AI practice note (Practice Note SC Gen 23), which commenced on 3 February 2025 and has also been adopted by the Land and Environment and District Courts.

The impact of generative artificial intelligence (‘Gen AI’) on legal services is expanding rapidly. When used appropriately, Gen AI can increase lawyers’ efficiency, benefit clients, improve access to legal services for underserved groups, and streamline the administration of justice. However, as an emerging technology, Gen AI also creates new complications in some areas of legal practice, particularly in litigation.

Rapid growth and impact of Gen AI use in litigation

The Centre for the Future of the Legal Profession at UNSW Law & Justice is monitoring the impact of Gen AI use in litigation across multiple jurisdictions, as documented in official court and tribunal records. Since the public release of OpenAI’s ChatGPT in November 2022, numerous ‘Gen AI cases’ have been identified involving the use of various Gen AI products during litigation preparation, such as:

  • submissions containing AI-generated fake or inaccurate citations, or inaccurate summaries of law;
  • cases based on fallacious or irrelevant argument;
  • inadequate fact-checking by parties or witnesses;
  • prolix and incorrect drafting; and
  • ‘flooding’ of courts using AI-generated documents.

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