The principles emphasise adherence to existing ethical obligations for legal professional
Regulators of the legal profession in NSW, Victoria, and WA have released a joint statement outlining ethical principles for the responsible use of AI by lawyers.
The guidance aims to protect consumers, promote justice, and ensure that AI technology benefits clients without compromising ethical standards.
The Law Society of NSW, the Legal Practice Board of Western Australia, and the Victorian Legal Services Board and Commissioner collaborated on the initiative. Their recommendations apply to solicitors in NSW, and both solicitors and barristers in Victoria and WA.
The principles emphasise adherence to existing ethical obligations, including maintaining client confidentiality, providing independent advice, and ensuring fair and reasonable costs. The statement also addresses the importance of transparency, urging lawyers to disclose their use of AI tools when necessary, under professional or court rules.
Brett McGrath, president of the Law Society of NSW, highlighted the legal profession’s need to adapt to technological advancements while safeguarding core values.
“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 in a statement.
Fiona McLeay, CEO and Commissioner of the Victorian Legal Services Board, emphasised the dual nature of AI, noting its potential risks and opportunities. “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.
John Syminton, chair of the Legal Practice Board of Western Australia, reinforced the need for ethical vigilance, stating that the same high standards expected in legal practice apply to AI usage. He affirmed the regulators’ commitment to regularly updating the guidance as AI evolves.
The joint statement advised lawyers to develop risk-based policies to prevent data breaches, limit AI use to lower-risk tasks, and approach high-risk applications with caution. Lawyers are also encouraged to assess AI’s impact on confidentiality and accuracy before integrating it into their practice.
