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3 legal bodies issue joint guidance on AI
Legal regulators from NSW, Victoria, and Western Australia have jointly issued a statement to guide lawyers in the “responsible and ethical” integration of AI into their practices.
Grace Robbie
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.
“In more than 200 years of legal practice in Australia, technology has evolved from parchment and quill to digital communication, remote working and most recently, the widespread availability of AI. This statement reflects lawyers’ commitment to upholding the rule of law, protecting individual rights and freedoms and promoting access to justice,” McGrath said.
Fiona McLeay, the CEO and commissioner of the Victorian Legal Services Board, pointed out that AI presents both “opportunities and risks” for the legal profession and its customers; therefore, these guidelines are necessary.
“Understanding the capabilities and limitations of AI tools is important for lawyers, not only because they may use it themselves but also so they can provide trusted guidance to their clients,” McLeay said.
“As the legal profession and the wider community adapt to the rapidly changing digital landscape, consumers will need a reliable source of advice – both on how they can lawfully use AI, and defend their interests if they have been adversely affected by a third party using these technologies.”
John Syminton, chair of the Legal Practice Board of Western Australia, expressed that the joint statement highlights the ethical standards and professional expectations that legal profession regulators have for lawyers when using AI.
“The ethical standards and professional obligations of lawyers, as set out in the Legal Profession Uniform Law and conduct rules, apply equally to the use of AI as to any aspect of a practitioner’s work. They must continue to maintain these high standards when using AI or any other legal technology,” Syminton said.
He also highlighted the commitment of the Uniform Law regulators to regularly review and update their guidance on AI as the technology continues to evolve.
“As AI continues to evolve, regulators in the Uniform Law jurisdictions have committed to regularly review and update our guidance on AI for lawyers,” Syminton said.
