Generative AI – Uses and Abuses in Litigation

Abstract

This article reviews the rapid growth and impact of Generative Artificial Intelligence (Gen AI) in litigation. When used appropriately, Gen AI can enhance lawyers' efficiency, benefit clients, improve access to legal services for underserved groups, and streamline the administration of justice. However, as an emerging technology, Gen AI also introduces new complications, particularly in litigation, where misuse can lead to increased risks. The article references research from UNSW’s Centre for the Future of the Legal Profession into Gen AI use in litigation, as documented in court and tribunal records across multiple jurisdictions, including Australia. It offers guidance for adopting Gen AI in legal practice, suggesting uses for tasks such as drafting, editing, eDiscovery, legal research, summarisation, and analysis. Key takeaways for legal practitioners include developing Gen AI literacy, promoting responsible use, monitoring and tracking GenAI use, and adhering to ethical standards and court protocols.