Check every document, and every summary or note made from one, against four questions: Was it obtained through a court process (discovery, subpoena, notice to produce, inspection)? Is it legally privileged or a settlement communication? Is it under a suppression or non-publication order? Does it contain other people's personal information? A yes to any of them means it does not go in without advice. Privacy settings, redaction or a public source do not by themselves give permission. In the NSW Supreme Court, SC Gen 23 paragraphs 9A and 9B set conditions on AI use of restricted material; this site's rule, that compelled material never goes into an AI tool, is stricter than that and is our policy. No tool may generate, alter or rephrase affidavit or witness evidence. Where permission is unresolved, do the task by hand.
Anything an AI tool helps prepare for filing must comply with your court's practice note on generative AI. In the Supreme Court of NSW, SC Gen 23 paragraph 16 requires the author of any AI-assisted submission to verify, in the body of the document, that every citation exists, is accurate and is relevant, and to verify references to evidence in the same way; paragraph 17 says that verification cannot be done by an AI tool alone. That is a NSW Supreme Court rule quoted as an example; check your own court's instrument. Never use these prompts for affidavit content. The Decision-Maker Test below organises issues; it does not and must not be used to predict what a court will order.
You know what work you need from AI but “please be brilliant” has not proved to be a quality-control system.
A job-specific prompt, a verification habit and fewer reasons to mistake fluent prose for expertise.
A professional conduct solicitor specialising in litigation and AI.
Different jobs need different eyes
“Give me the best legal answer” is vague. A specific role plus instructions about how to answer produces more disciplined work. Replace the words in square brackets with your task, provide the necessary context, then verify every important factual and legal proposition.
The AI does not become a barrister, judge or lawyer because the prompt says so. These roles force different modes of analysis. They do not create professional duties, confidential legal advice or reliable authorities.
The Legal Editor
Precise correspondence and submissions drafting.
The Strategist
Options, pressure points and sequencing.
The Balanced Review
Test the position from both sides.
Opposing Counsel
Test the position from the other side.
The Decision-Maker Test
Separate what matters from what merely feels important.
The Negotiation Planner
Prepare interests, options and boundaries.
The Plain-English Explainer
Meaning, significance and questions to verify.
The Stress-Tester
Assume the plan is wrong and find out how.
The Evidence Review
Statements, conflicts and gaps.
The Cost-and-Risk Review
See the burden as well as the possible benefit.
Useful add-ons
Add one or two of these to any job. More instructions are not automatically better; use the line that corrects the failure you are trying to prevent.
Use a three-pass workflow
Create
Draft with the Legal Editor or map options with the Strategist.
Test
Use the Counterargument Test or Stress-Tester to find weak points.
Check
Use the Balanced Review, Decision-Maker Test or Cost-and-Risk Review.
Keep the context controlled
- Give the role a short factual brief before the task.
- State the jurisdiction, court, stage and document type.
- Ask deliberately for weaknesses and contrary arguments.
- Separate facts, allegations, inference and unknowns.
- Protect privileged, confidential and court-restricted information.
- Open every cited case, statute and rule in a primary source.
- Never paste AI output directly into a filing without reading every word.