KUALA LUMPUR: The judiciary will issue a new practice direction on the use of artificial intelligence (AI) by lawyers and court officers in legal proceedings within the next few weeks, says Chief Justice Tun Wan Ahmad Farid Wan Salleh.
He said the move came amid 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 2026 here on Wednesday (Oct 28).
Wan Ahmad stressed that while technology could help accelerate the administration of justice, it should never replace human judgment, particularly when 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 Ahmad cited Malaysia's 2023 reforms abolishing the mandatory death penalty, which allowed judges to consider the circumstances of individual 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 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.
Wan Ahmad also reminded judges and legal practitioners of the importance of intellectual honesty, particularly as technology continued to transform the legal profession.
For judges, he said, this meant ensuring that judgments reflected a proper appreciation of the facts and law, including addressing arguments that challenged their conclusions.
Lawyers, meanwhile, must ensure that legal authorities were cited accurately and that clients were given honest advice, particularly when the legal position remained uncertain.
Wan Ahmad said judges must decide cases based on the law and evidence without yielding to public pressure or external influence.
Speaking to reporters, the top judge said that the new practice direction would apply to legal practitioners and court officers, while judges already had their own guidelines governing the use of AI.
"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," said Wan Ahmad.
However, he cautioned against excessive reliance on AI, which could undermine human reasoning and critical thinking. – Bernama
