In the presence of the Chief Justice of the Supreme Court (or his representative), we each transform from mere graduates of a law school to officers of the court, by swearing to:

…truly and honestly conduct myself in the practice of a solicitor of the Supreme Court of New South Wales and … faithfully serve as such in the administration of the laws and usages of this State according to the best of my knowledge, skill and ability.

How often do we think on the true meaning of the oath and the responsibility it places on us in our day-to-day practice as a solicitor, to both abide by, and to defend the rule of law?

Earlier this month, at the Toronto meeting of the American Bar Association (ABA), I was reminded of the importance of that oath. The event was a roundtable of the profession’s global leaders to discuss how bodies like the Law Society of NSW are responding to challenges to the rule of law, and to the advent of AI.

ABA President William ‘Bill’ Bay told the delegates that there is no more important time for lawyers to recognise that the world needs lawyers to be upholding the rule of law, particularly when we have taken an oath to do that. He reiterated the long held, but sometimes forgotten, notion that the law is not a job, not a normal career, but a profession.

Being part of a profession, Bill said, is a privilege that also comes with a great responsibility and duty to society. This is especially important in the age of AI.

I encourage you to read the remarks of Chief Justice Andrew Bell in a Court of Appeal judgment where a self-represented respondent used AI to compose her oral and written submissions. Cases were ‘hallucinated’, and much of the AI-generated script did not address the issues in the case.

His Honour cautioned that the misuse of AI, by self-represented litigants and lawyers alike, has serious implications for public confidence in the justice system. His Honour said the case:

…illustrates the absolute necessity for practitioners who do make use of Generative AI in the preparation of submissions …to verify that all references to legal and academic authority, case law and legislation are only to such material that exists, and that the references are accurate, and relevant to the proceedings.

As I learned at the ABA Roundtable, of those attending, the Law Society of NSW was one of very few bodies to have developed guidelines for the ethical use of AI, and to maintain online resources (AI for legal professionals) for the profession. Likewise, the Chief Justice’s Practice Note to ensure the safe use of AI in litigation (SC Gen 23) is a global rarity.

For the work of keeping the NSW legal profession at the forefront of addressing both the opportunities and challenges of AI in the law, we owe thanks to my predecessor as President, Brett McGrath, members of the Law Society’s AI Taskforce, along with expert members of the Privacy & Data Law, and Litigation Law & Practice Committees.

As the profession faces a future with AI, those of us in practice leadership positions have a responsibility to ensure early career lawyers, in particular, are developing the independent critical thinking, analytical skills and indeed empathy, that characterise a well-rounded lawyer, rather than relying too heavily on AI.

In doing so, we will be nurturing practitioners in whom their clients and the courts place their trust, and who will uphold their professional oath while helping to preserve the rule of law.

Shine a light on excellence – 2025 Member Awards

Nominations are now open for the Law Society of NSW 2025 Member Awards. Winners will be announced at the Annual Members Dinner on Friday, 28 November, at the Four Seasons, Sydney. Please save the date – official communications with more detail will be shared in the coming weeks.

These prestigious awards celebrate the exceptional achievements and contributions of solicitors across New South Wales who lead, inspire, and uphold the highest standards of our profession.

This year, it will fall to me to award the President’s Medal, our highest award, which recognises an experienced practitioner at the height of their career who goes above and beyond to uphold the core values of our profession.

I encourage you to take this opportunity to shine a light on colleagues, whose dedication, expertise and service make a lasting impact on both our profession and the community. You can find out more and make a nomination here.

Jennifer Ball, President, Law Society of NSW