KUALA LUMPUR, Oct 28 — The judiciary will issue directions on the use of artificial intelligence (AI) by lawyers and court officers in legal proceedings in a few weeks, said Chief Justice Tun Wan Ahmad Farid Wan Salleh.
He said the move is due to concerns over the reliability of AI-generated legal submissions, which could appear convincing despite containing inaccurate information.
“Today, AI can produce submissions that look polished and persuasive, but entirely wrong. On our part, we will issue a practice direction in a few weeks in respect of the usage of AI in legal proceedings,” he said in his keynote address at the International Malaysia Law Conference here today.
Wan Farid stressed that while technology could accelerate the administration of justice, it should never replace human judgment, especially as courts are required to exercise judicial discretion.
“Technology can accelerate the administration of justice, but it can never become the author of justice itself. The duty belongs exclusively to us: human custodians of the law,” he said.
Wan Farid cited Malaysia’s 2023 reforms abolishing the mandatory death penalty, which allowed judges to consider the circumstances of discrete cases instead of being bound by a mandatory death sentence, as an example of the importance of judicial discretion in ensuring fairness.
He noted that technology cannot replicate human considerations involved in administering justice, especially when balancing accused people’s rights with victims’ interests.
“No computer programme can look into the eyes of a victim and offer vindication, nor can it look at an accused person and temper justice with mercy,” he said.
Wan Farid reminded judges and legal practitioners about the importance of intellectual honesty, especially as technology continues to transform the legal profession.
For judges, he said, this means ensuring judgments reflect a proper appreciation of the facts and law, including addressing arguments that challenge their conclusions. Lawyers, meanwhile, must ensure legal authorities are accurately cited and that clients are given honest advice, especially when a legal position is uncertain.
Wan Farid said judges must decide on cases according to the law and evidence without yielding to public pressure or external influence.
Speaking to reporters, the top judge said the new practice direction would apply to legal practitioners and court officers, while judges already have their own guidelines governing AI use.
“We are not going to discourage them. We are encouraging them, but there has to be a guideline for them to follow. It could help expedite court proceedings and save valuable time for judges and lawyers, provided the technology is used responsibly,” Wan Farid said, cautioning against excessive reliance on AI, which could undermine human reasoning and critical thinking.
