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The Law Society of NSW has welcomed a groundbreaking Practice Note issued by the Supreme Court of New South Wales. The note provides clear guidelines for using generative artificial intelligence (Gen AI) in legal proceedings.

Supreme Court Practice Note SC GEN 23, issued by Chief Justice Andrew Bell, aims to balance AI’s potential benefits with the need to safeguard the justice system’s integrity. It outlines specific obligations for legal practitioners, including the requirement to be aware of the limitations and risks associated with AI tools. 

Brett McGrath, President of the Law Society of NSW, said the announcement was a historic moment for the Court, as it recognises AI’s transformative impact on legal practice while ensuring its use aligns with ethical and professional standards. 

He described Gen AI as presenting “both challenges and opportunities” and stated the Practice Note “provides a clear expression of lawyers’ obligations to the Court, including a requirement for legal practitioners to be aware of the risks and shortcomings of the Gen AI tool they are using”. 

“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,” McGrath said. 

McGrath expressed gratitude to the Chief Justice for his commitment to consulting with the Law Society to aid the development of this important Practice Note and emphasised the importance of ongoing collaboration between the legal profession and the judiciary to adapt to the rapid evolution of AI technology.  

At the beginning of his term, McGrath identified AI and the solicitor profession as one of his President’s Priorities. Since then, The Law Society has set up an AI Taskforce to provide expert advice and guidance. 

“During this year, the Law Society has established a portal for members, AI for legal professionals; published the Solicitor’s Guide to the responsible use of artificial intelligence; and provided a number of continuing professional development courses on the use of AI in legal practice,” McGrath said.  

“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 honours the ethical obligations to which they are legally bound.” 

The Chief Justice will discuss the new Practice Note in detail on Monday, 2 December, at 4.30 pm in the Banco Court. McGrath encourages solicitors to attend in person or live stream the discussion on the Supreme Court’s YouTube channel to ensure they’re fully informed about the commencement of the Practice Note from the opening of law term next year.