The Law Society of NSW has welcomed the Supreme Court’s new Practice Note to guide parties and their legal representatives on the use of generative artificial intelligence (Gen AI) before the Court.

President of the Law Society of NSW Brett McGrath said the Practice Note issued by NSW Chief Justice Andrew Bell is an historic step by the Court, in its 200^th year, dealing with rapidly evolving technology that is having a transformative impact on many aspects of life, including legal practice.

“Gen AI presents both challenges and opportunities, and Supreme Court Practice Note SC GEN 23 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,” Mr McGrath said.

“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.”

Mr 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.

“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,” Mr 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. We welcome the Chief Justice’s acknowledgement of the rapidly developing nature of Gen AI, and his commitment to periodically review the Practice Note”

At the beginning of his term leading the Law Society this year, Mr McGrath identified AI and the solicitor profession as one of his President’s Priorities.

“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,” Mr 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 on Monday, 2 December in the Banco Court at 4.30pm. Mr McGrath encouraged solicitors to either attend in person, or log on to the Supreme Court’s YouTube channel to ensure they’re fully informed for the commencement of the Practice Note from the opening of law term next year.

MEDIA CONTACT:
Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947 | E: Damien.Smith@lawsociety.com.au