Source: Cowell Clarke

The Cowell Clarke article outlines new guidelines issued by the courts of New South Wales (NSW) regarding the use of generative AI in legal proceedings. As AI tools become increasingly common in legal practice, the courts have established specific dos and don’ts to maintain fairness and reliability in trials.

One of the key rules is that lawyers must disclose when they use AI-generated content in legal filings. This transparency requirement aims to prevent misinformation and ensure that all court submissions are verified by human legal professionals.

Another major restriction is the prohibition of AI-generated evidence unless its accuracy and reliability can be proven. Courts remain skeptical of AI-generated legal citations, as several cases have already involved fabricated legal precedents created by AI tools.

The article also highlights concerns about AI’s influence on witness testimony. NSW courts have ruled that AI-generated text cannot be used to script or influence witness statements, as this could compromise the integrity of evidence.

To ensure compliance, the courts are requiring legal practitioners to undergo AI ethics training. This initiative is meant to educate lawyers on the risks and ethical responsibilities of using AI in the courtroom.

Legal experts suggest that these AI guidelines in NSW could serve as a model for other jurisdictions looking to regulate AI use in courtrooms. The article concludes by emphasizing that while AI can enhance legal efficiency, strict oversight is necessary to maintain trust in the judicial process.