Definitions

  • AI means artificial intelligence and can include software, systems and technology tools that use automated, statistical or machine-learning systems or components including natural language processing, large language models, generative AI, agentic AI, or “computer vision” to generate, organise or transform text, images, audio or other content. Examples of AI systems include (but are not limited to) ChatGPT, Microsoft CoPilot, Microsoft Azure AI, Llama, Harvey, Gemini, Siri, Alexa, Google Assistant, recommendation engines, chat bots, Google Cloud Vertex AI, Amazon Web Services SageMaker, Claude and similar technologies and systems;
  • AI and Cloud Tools means AI and Cloud-Based Technology used by the Practice, including related software and services;
    • the delivery of computing services by third-party providers and third‑party hosted applications, platforms, or infrastructure, including servers, storage, databases, networking, software, analytics, and intelligence; and
    • the associated infrastructure, platforms, frameworks, and applications,

that are accessed over a network or over the internet (also known as ‘the cloud”). Examples of Cloud-Based Technology and Tools include (but are not limited to) Microsoft OneDrive, Netflix, Disney+, DropBox, Google Workspace, Amazon Web Services, Microsoft Azure, Google Cloud Platform, Adobe, ActionStep, SalesFource, Xero, Apple iCloud and similar technologies and systems;

  • Practice Work means any work product, advice, drafts, emails, documents, transcripts, recordings, document management or the like prepared or provided by the Practice;
  • Services means the legal services and legal advice the Practice will provide to you as described in this letter; and
  • WASC Guidelines means the Supreme Court of Western Australia “Guidelines for the use of generative AI” and any other applicable guidelines or direction the Supreme Court of Western Australia may release or provide from time-to-time.
  • As part of providing the Services, the Practice may use technology, including AI and Cloud-Based Technology and Tools, software and services to assists in delivering the Services to you.

The Practice’s Use of Artificial Intelligence

  • the Practice may use AI and Cloud Tools to assist in providing the Services to you; and
  • the Practice may use of AI and Cloud Tools at the sole discretion of the Practice, for activities such as (but not limited to) research, drafting, summarisation, and document management and organisation in connection with the Services and the Practice retains copyright ownership to that Practice Work.
  • The Practice can only provide to you legal advice. The Practice cannot provide advice to you as to how to properly use AI or Cloud Base Tools. If you require such advice, you will need to consult the correct technology or IT expert.
    • will done so in accordance with the WASC Guidelines;
    • will be used under human supervision; and

the Practice:

  • will not input confidential information in relation to you matter into unsecured or public AI systems without your prior written consents;
  • will reasonably act to preserve legal professional privilege; and
  • will, to the reasonable satisfaction of the Practice, implement security, technical and organisation measures.
  • AI and Cloud Tools do not replace the legal and professional judgement or advice provided by the Practice; and
  • the Practice may be required to disclose its use of AI and Cloud Tools and doing so does not constitute a breach of our obligations of confidentiality to you and you forever release and indemnify the Practice in the event that such a disclosure is required.
  • You are aware, acknowledge and agree that the Practice will not in any way be responsible for third‑party system failures or breaches by third party system providers beyond the reasonable control of the Practice, provided that the Practice has exercised reasonable care in selecting vendors or providers of AI or Cloud Tools and implemented reasonable safeguards in its use of AI and Cloud Tools.
  • The Practice reserves the absolute right to update any of its AI or Cloud Tool practices and will notify you of material changes affecting your matter.

Your Use of AI and Cloud Tools

  • You agree absolutely to not upload, input or otherwise submit any of the Practice Work into any AI system or tool, whether public or private, without the prior written consent of the Practice. For the purposes of this clause, an upload or input into an AI system or tool will include any process whereby you ask an AI system or tool questions, provide comment to an AI system or tool or otherwise converse or communicate with an AI system or tool.
  • You agree not to rely upon raw or unverified material produced by AI or Cloud Tools without the prior written approval of the Practice.
    • AI tools may have limitations, including potential outdated information, omissions, inaccuracies, fabricated or incomplete citations or information (sometime known as “hallucinations”), jurisdictional mismatches, and embedded bias;
    • that you do so entirely at your own risk;
    • that inputting information into an AI or Cloud Tool may result in risk to your confidentiality or legal professional privilege, particularly where the AI system stores, reuses, or shares data;
    • that any information, output, or guidance obtained from AI or Cloud Tools is not legal advice and must not be relied upon as a substitute for advice provided by the Practice;
    • the Practice will not be responsible for any consequences arising from such use, including inaccuracies, misuse, or reliance on AI-generated outputs;
    • you will assume all responsibility and liability for ensuring that any AI or Cloud Tools you use are secure and reputable and any outcome therein. The Practice will not be liable for consequences caused by whatever AI or Cloud Tool you use; and
      • as the Practice Work or advice from the Practice; or
      • attribute such content to the Practice in any way.
    • provide clear and timely instructions to the Practice;
    • promptly identify to the Practice any sensitivity or restrictions on particular information to ensure appropriate handling if the use of AI or Cloud Tools is contemplated; and

you acknowledge and agree that in providing any information to the Practice:

  • you are responsible for the accuracy and completeness of the information provided to the Practice; and
  • the Practice may rely upon the information you, or any person acting on your behalf, supply to the Practice.
  • You agree to indemnify the Practice against any claim, loss, harm or liability arising out of or in connection with your use of AI and Cloud Tools.
  • The Practice will exercise billing judgment and charge for time spent by practitioners reviewing, verifying, and refining AI-assisted work product, as well as any reasonable third‑party fees