Introduction
The Supreme Court of New South Wales has introduced Practice Note SC GEN 23 [1] [5], which provides detailed guidelines for the responsible use of generative artificial intelligence (Gen AI) in legal proceedings [1] [5]. This initiative [1], led by Chief Justice Andrew Bell [1] [5], seeks to harness the advantages of AI while safeguarding the integrity of the justice system.
Description
The Supreme Court of New South Wales has issued Practice Note SC GEN 23 [1] [5], providing comprehensive guidelines for legal practitioners on the responsible use of generative artificial intelligence (Gen AI) in court proceedings [1]. This initiative [1], introduced by Chief Justice Andrew Bell [5], aims to balance the benefits of AI with the necessity of maintaining the integrity of the justice system [5]. The Law Society of NSW [1] [5], represented by President Brett McGrath, has welcomed this Practice Note, highlighting its acknowledgment of AI’s transformative role in legal practice while ensuring compliance with ethical standards [5].
Legal practitioners are required to understand the limitations and risks associated with AI tools [5], including the potential for generating fictitious case citations and contaminating witness statements with unverified information [5]. Specifically, affidavits [3], witness statements [3] [5], and character references must disclose whether generative AI was used in their preparation [3], unless leave is granted for any annexed content [3]. When generative AI is utilized for drafting written submissions or summaries [3], authors are responsible for ensuring the accuracy and relevance of all citations [3], legal authorities [3], and case law references [3]. Furthermore, the use of generative AI for drafting expert reports is prohibited without prior court approval, and legal practitioners must inform experts of these requirements when providing instructions [3]. The guidelines impose obligations on lawyers to navigate these challenges effectively.
Chief Justice Bell has committed to periodically reviewing the guidance to adapt to the evolving landscape of AI technology [1]. The Practice Note will take effect at the start of the next legal term [1], specifically on 3 February 2025, and is accompanied by guidelines applicable to all judges [4], commissioners [4], acting commissioners [4], and registrars within the court system [4]. To ensure consistency in the application of these guidelines [4], a similar Practice Note has been issued for the Land and Environment Court [4].
In addition, the Law Society has established an AI Taskforce and created resources [5], including a portal for members and a guide on the responsible use of AI in legal practice [5], to equip solicitors with the necessary tools to use AI ethically and effectively for the benefit of their clients [1]. Members of the legal profession are invited to a briefing on generative AI [2], scheduled for 2 December 2024 [1] [2], from 4:30 PM to 5:30 PM at the Banco Court [2], Queens Square [2]. This event will also be livestreamed on the Court’s YouTube channel and will address Practice Note SC GEN 23 [2], allowing solicitors to stay informed about its implementation [5].
Conclusion
The implementation of Practice Note SC GEN 23 marks a significant step in integrating AI into the legal framework while maintaining ethical standards. By setting clear guidelines, the Supreme Court of New South Wales ensures that legal practitioners can leverage AI’s capabilities responsibly, ultimately enhancing the efficiency and accuracy of legal processes. The ongoing review and adaptation of these guidelines will be crucial in addressing the dynamic nature of AI technology and its implications for the legal profession.
References
[1] https://thelegalwire.ai/nsw-supreme-court-issues-ai-guidance-to-safeguard-justice/
[2] https://supremecourt.nsw.gov.au/news.html
[3] https://billmaddens.wordpress.com/2024/11/21/practice-procedure-generative-ai-practice-note/
[4] https://lec.nsw.gov.au/news-and-announcements/practice-note—use-of-generative-ai.html
[5] https://www.creditandcollectionnews.com/supreme-court-issues-historic-ai-guidance/
