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Generative AI is quickly becoming part of how litigation is conducted, and the risks are growing with it. In this episode of Legal Talk, Ruth Engelbrecht, Legal Writer, Practical Guidance Dispute Resolution at LexisNexis®, speaks with Vicki McNamara, Senior Research Associate at the UNSW Centre for the Future of the Legal Profession, about what the data shows on Gen AI use and misuse in courts.
Drawing on the Centre's GenAI Fake Law and Fallout Report and its ongoing case tracking, Vicki explains where Gen AI can add real value in litigation practice, where it's going wrong, and why supervision is the common thread. Together, they explore:
The numbers behind the headlines:
•the Centre's dataset now tracks over 1,435 reported Gen AI cases globally, including 235 in Australian courts, tribunals and commissions. •Where Gen AI helps and where it hurts: lower-risk uses such as summarising material, building chronologies, issue spotting and stress-testing arguments, versus the high-risk uses that put practitioners in the frame. •Supervision under pressure: why Gen AI is exposing long-standing weaknesses in legal supervision, training and review. •A practical three-question test: what to ask before using Gen AI on a litigation task (can we use it, can we rely on it, and who owns the result?) •Navigating differing court requirements: why checking the applicable rules at the start of each matter matters. •What a positive future looks like: how the profession can embrace Gen AI while protecting accuracy, professional judgment and public trust.
This episode accompanies the article Generative AI in litigation: from principles to responsible practice, co-authored by Ruth, Michael Kontoudis (Senior Legal Writer, Practical Guidance Dispute Resolution) and Vicki.
Whether you're a partner overseeing a litigation team or a practitioner using Gen AI in your day-to-day work, this episode offers practical, evidence-based guidance.
About the guestVicki McNamara is a Senior Research Associate at the UNSW Centre for the Future of the Legal Profession, where her research focuses on how technology is changing legal practice, with a particular interest in generative AI and AI literacy. Before joining the Centre in 2024, Vicki worked in major law firms and in-house legal teams, as a lawyer and in senior knowledge, legal technology and innovation roles.