The guide cautions lawyers to check the terms of service presented by AI providers, among others
The New Zealand Law Society | Te Kāhui Ture o Aotearoa has issued guidance for lawyers on the utilisation of generative AI.
The guide outlined potential risks while providing advice on how to balance these risks with AI’s potential to augment the provision of legal services. It pulled from existing guidance published by the Law Society of England and Wales.
“As users enjoy the convenience and other benefits that gen AI brings, it poses risks in privacy, data protection and cyber security. It can also give rise to questions about who owns the input and output data. Potential users can be at risk of inadvertently infringing intellectual property rights”, Law Society Chief Executive Katie Rusbatch said.
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In addition to obligations under the Lawyers and Conveyancers Act (Conduct and Client Care) Rules 2008, she explained that at minimum, privacy, and fair-trading requirements would apply.
“Lawyers should take care to consider an AI provider’s Terms of Service, ensuring contractual provisions do not potentially place a lawyer in breach of professional and legal obligations including those relating to legally privileged, confidential, or personal information”, Rusbatch said.
She highlighted the use of AI in administrative tasks, communicating with potential clients via chatbots, summing up large quantities of data, conducting research, and drafting documents. She also pointed to the potential need for lawyers to evaluate billing practices, as well as information shared to clients at the commencement of a retainer arrangement.
“While there is no overarching regulation for the use of AI in New Zealand, all lawyers are ultimately responsible for the legal services they provide”, Rusbatch said.