Using Generative AI Responsibly: Sample Disclaimers for Legal Practitioners

As the legal profession begins to integrate generative AI tools into everyday practice, questions about its ethical use and professional responsibility arise. While these technologies can assist with research, streamline drafting, and simplify repetitive tasks, they do not and cannot replace the duty of care owed by legal practitioners.

Across jurisdictions, Courts are beginning to respond to the increasing use of Generative AI, the Supreme Court of New South Wales has set out clear restrictions on how generative AI may be used in documents such as affidavits, expert reports and submissions. The Federal Court of Australia has followed, publishing an open letter on 29 April 2025, opening public consultation and signalling that formal guidelines are imminent. Together, these developments indicate a shared concern, that while the benefits are clear, so are the risks and professionals must remain ultimately accountable for what they present to Court.

In this context, disclaimers have emerged as a practical and necessary tool, signalling a practitioner’s transparency, clarifying the role of AI in a document's preparation, and affirms that a human expert has reviewed, verified and stands behind the final context. In many cases, a simple disclaimer can help satisfy both ethical duties and the expectations of the court.

What should a Disclaimer Include?

A well-drafted disclaimer should:

• Identify what content or task the AI was used for (such as summarisation, drafting)
• Name the tool or system used
• Clarify which aspects were completed or verified by the practitioner (e.g. reviewed for accuracy, edited for legal clarity)
• Affirm that the user has reviewed and verified all outputs
• Confirm that no confidential or privileged material was disclosed to public systems (if applicable).

So, what could a disclaimer look like in practice?

Here are several examples that illustrate how disclaimers might be used across different contexts. These can be tailored depending on the nature of the task, the jurisdiction and the audience.

Court Submissions

Use: AI was used to support drafting, write outlines or background summaries.

“Portions of this document were prepared with the assistance of a generative AI tool (ChatGPT), which was used to organise factual material and assist with drafting. All legal submission, authorities, and representations have been reviewed and verified by the undersigned legal practitioner, who accepts responsibility for the content."

A Generative AI Tool (system used) was used to assist in preparing this document by summarising publicly available materials. No confidential or privileged information was input into the system All legal content has been independently verified by the practitioner, who accepts full responsibility for the submission

Client Correspondence

Use: AI was used to draft part of a client letter, particularly for routine matters such as status updates or explanatory letters, with all advice confirmed by the lawyer.

“This letter includes content drafted with the support of a generative AI tool to assist with structure and clarity. All legal advice and conclusions have been reviewed and confirmed by the practitioner and reflect their professional judgement.”

Internal Drafts

Use: AI was used to generate a first draft of a document that will undergo review before being filed or shared externally

“This draft was produced with the support of (Tool Name) for internal use only. It remains subject to legal review and is not intended for external distribution without further verification.”

Alternatively, Where AI Was Not Used

Use: Disclosure that no AI tools were involved.

“This document was prepared without the use of any generative AI. All content reflects the practitioner’s independent work and professional judgement.”

Use: Disclosure preceding an affidavit to be filed with the Court.

Generative artificial intelligence was not used to generate:

a.      this affidavit.

b.      any annexure to this affidavit.

Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.

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