Lawyers Weekly Australia
Regulatory bodies overseeing the legal profession within the three Uniform Law jurisdictions have realised a joint statement delineating clear principles and expectations for lawyers when utilising AI tools in their legal practices.
This initiative, spearheaded by the Law Society of NSW, the Legal Practice Board of Western Australia, and the Victorian Legal Services Board and Commissioner, aims to safeguard clients from potential risks, ensure technology is utilised in a manner that benefits clients, and uphold the integrity of the legal profession.
The Statement on the Use of Artificial Intelligence in Australian Legal Practice applies to solicitors in NSW, as well as to both solicitors and barristers in Victoria and Western Australia.
This guideline is founded upon the prevailing “ethical conduct rules and duties” to which these legal practices are legally obligated to adhere.
Within the statement, the three regulatory bodies have delineated essential considerations that lawyers must heed when utilising AI tools within their practice.
These considerations include maintaining “client confidentiality”, providing independent legal advice, being honest, ensuring that legal services are delivered “competently and diligently”, and charging “fair, reasonable and proportionate” fees for their services.
The guidelines also advocate for legal professionals to implement practical measures to minimise the risks associated with using artificial intelligence.
These measures include formulating clear, risk-based policies to address potential data and security breaches, employing AI predominantly for tasks deemed lower risk as opposed to those categorised as high risk, and maintaining transparency with clients and the court regarding the conditions and methodologies of AI application.
Brett McGrath, the president of the Law Society of NSW, articulated that the published statement responds to the growing influence of technology within the legal profession. He emphasised the “need and willingness” for legal practitioners to adapt to these developments to enhance their service to clients and uphold the integrity of the law.
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