Experts discuss AI's potential in legal strategy while judges call for transparency and ethical vigilance.

KUALA LUMPUR – The prospect of artificial intelligence (AI) identifying and strategizing around the inherent biases of judges could reshape legal practice, according to constitutional lawyer GK Ganesan. Speaking at the launch event for Supreme Today AI, a new legal tech platform, Ganesan highlighted a landmark US case as a precedent for AI's strategic capabilities.

"The Huckabee v Bloomberg litigation in 2024 is a significant example," Ganesan explained. "The defence team leveraged predictive AI to analyse Judge McMahon’s documented history of scepticism towards digital copyright infringements. Consequently, they pivoted their arguments towards statutory interpretation, a subject matter the judge was known to favour. This AI-informed strategy led to the dismissal of major claims in November 2024."

Ganesan's insights were shared at the AIAC Auditorium, Bangunan Sulaiman, during the Supreme Today AI launch, an event organised by Marsden Law Book. The newly unveiled Supreme Today AI model boasts features such as an advanced database of legal documents and a sophisticated precedent map for analysing case law, including detailed prior judgments from local courts.

However, the integration of AI into the legal sphere is not without its ethical considerations. Federal Court Justice Nallini Pathmanathan issued a strong caution against the undeclared use of AI in courtrooms. She emphasised the necessity for all legal practitioners, including judges and counsel, to disclose their reliance on AI tools to maintain judicial integrity.

"Transparency is paramount," Justice Nallini stated. "For judges, any instance of 'cut and paste' from AI without due diligence would constitute a serious disciplinary issue. It fundamentally boils down to ethics." She added that this ethical obligation naturally extends to lawyers, who "already owe a huge duty of disclosure."

Supporting the cautious sentiment, High Court Justice Atan Mustaffa Yussof Ahmad acknowledged that while lawyers are free to use available tools, their professional responsibility to critically engage with the legal questions before them remains paramount. "AI may assist, but your ethical duties cannot be outsourced to an algorithm," he warned. "Be mindful of the specific risks AI tools present, such as 'AI hallucinations' – where falsehoods are presented as facts – and breaches of client confidentiality."

Justice Atan urged legal professionals to focus on honing uniquely human skills: "Your ultimate professional responsibility is to cultivate empathy, ethical judgment, creative problem-solving, and strategic thinking. You bear full responsibility for the content and advice rendered to your client."

The discussion comes at a time when AI adoption in the legal field is growing. A recent Thomson Reuters Foundation survey indicated that approximately 26% of lawyers already acknowledge actively using generative AI in their professional work. The launch of Supreme Today AI and the ensuing dialogue underscore the transformative potential of AI in law, balanced by the critical need for robust ethical frameworks and professional accountability.