Judiciary to issue AI guidelines for lawyers, court officers in coming weeks

KUALA LUMPUR: The judiciary will issue a practice direction on the use of artificial intelligence (AI) in legal proceedings within the next few weeks.

Chief Justice Tun Wan Ahmad Farid Wan Salleh said the move followed 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' time in respect of the usage of AI in legal proceedings," he said in his opening address at the International Malaysia Law Conference 2026 here today.

Speaking to reporters later, Wan Ahmad Farid said the guidelines would apply to lawyers and court officers, while judges already had their own guidelines on AI use.

"We are not going to discourage them. We are encouraging them, but there has to be a guideline for them to follow."

He said AI could expedite court proceedings and save time for judges and lawyers, provided it was used responsibly.

"It is good for the speedy resolution of disputes in court. It needs to be encouraged.

"As long as it is properly used, it saves a lot of judicial time for the judges and saves time for the lawyers.

"It is something that whether we hate it or love it, it is there. So we have to embrace it," he said.

However, he cautioned against excessive reliance on AI, warning that it could undermine human reasoning and critical thinking.

In his speech, Wan Ahmad Farid said technology could accelerate the administration of justice but must never replace human judgment, particularly when courts exercised 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.

He cited Malaysia's 2023 reforms abolishing the mandatory death penalty as an example of the importance of judicial discretion in ensuring fairness.

The reforms allowed judges to consider the circumstances of individual cases instead of being bound by a mandatory death sentence.

Wan Ahmad Farid said technology could not replicate the human considerations involved in administering justice, particularly when balancing the rights of accused persons with the interests of victims.

"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.

He also highlighted the importance of intellectual honesty among judges and legal practitioners as technology continued to transform the profession.

Judges, he said, must ensure their judgments reflected a proper appreciation of the facts and law, including addressing arguments that challenged their conclusions.

Lawyers, meanwhile, must cite legal authorities accurately and give clients honest advice, particularly when the legal position remained uncertain.

Wan Ahmad Farid said judges must decide cases based on the law and evidence, without yielding to public pressure or external influence.

Fairness, he added, required the justice system to protect the rights of accused persons while ensuring that victims and their families were not overlooked.