What is Artificial Intelligence?
Artificial intelligence, often referred to as AI, is a broad term used to describe computer systems that can perform tasks that would usually require human intelligence. These tasks may include analysing information, identifying patterns, making predictions, generating text, summarising documents, translating language or assisting with decision-making.
AI is not a single technology. It can include a range of tools and systems, from simple automation tools through to more advanced systems that can generate new content or respond to complex questions.
What is generative AI?
Generative AI is a type of artificial intelligence that can create new content in response to a user’s prompt. This may include text, images, audio, video, computer code or summaries of existing material.
Common examples include tools that can draft emails, summarise documents, generate research notes, prepare first drafts of correspondence or assist with brainstorming. These tools are sometimes described as large language models, or LLMs, when they are designed to generate and respond to text.
How might AI be used in legal practice?
AI tools may assist legal practitioners with a range of legal and administrative tasks, including:
- summarising information
- preparing first drafts of correspondence or documents
- reviewing large volumes of text
- identifying issues or themes in documents
- assisting with legal research
- preparing internal notes or checklists
- improving readability or structure
- supporting practice management and administrative processes
AI tools may be useful, but they do not replace a legal practitioner’s professional judgment. Practitioners remain responsible for the work they produce, the advice they provide and the way in which technology is used in their practice.
Important issues to consider
The use of AI in legal practice raises important professional and practical issues, including:
- accuracy and reliability of outputs
- confidentiality and legal professional privilege
- privacy and data security
- supervision and review
- misleading or fabricated information (known as 'hallucinations')
- record keeping
- disclosure obligations, where relevant
- compliance with professional and ethical duties
AI outputs should not be assumed to be correct. Information generated by an AI tool should be carefully reviewed and verified before it is used or relied upon.
Professional responsibility
Legal practitioners should ensure that any use of AI is consistent with their professional obligations. This includes maintaining confidentiality, exercising independent professional judgment, supervising work appropriately, and ensuring that any information provided to clients, courts or other parties is accurate and appropriate.
Practitioners should also be aware that particular courts and tribunals may have guidelines, practice notes or directions concerning the use of AI in proceedings. These may include requirements to disclose the use of AI, certify that material has been independently verified, or comply with other conditions where AI has been used to prepare documents, evidence, submissions or other material.
The key point is that responsibility remains with the practitioner. AI may assist with a task, but it does not take responsibility for the result.