
By Denise Aitken, Founder of Suantraí Solutions
Published
AI is already part of Australian legal practice. The organisational question is whether firms can see that use, set appropriate boundaries and prepare the information and people it depends on.
Ask most Australian law firm partners whether their firm is "using AI" and you'll get a cautious answer. Ask their staff, and the answer is often different.
The research published this year tells a consistent story: AI use in Australian legal practice is now common, it's mostly happening through general-purpose tools, and it's running well ahead of the policies, training and systems that would make it safe and genuinely useful.
The most rigorous local picture comes from the regulator itself. The Victorian Legal Services Board and Commissioner's 2025 Lawyer Census, answered by 1,887 practising Victorian lawyers, found:
Industry surveys point the same way. LexisNexis's 2025–26 Australian Legal AI Survey of more than 1,000 legal professionals found 69% using or planning to use generative AI, with 39% naming inaccurate or fabricated outputs as their biggest concern. Its 2026 Asia-Pacific survey, which includes Australia, put it bluntly in its title: adoption is near universal; governance is not. Across the region, 94% of respondents use AI, but only 58% work under an AI policy.
There's an important distinction hiding in those numbers. Lawyers are using AI, but mostly beside their firm's systems rather than inside them.
LEAP's 2026 research, which included 219 respondents from Australia and New Zealand, found just 16% of Australian respondents use legal-specific AI daily or as part of core workflows, against 49% globally. Australian respondents also reported the highest rate of low or no trust in AI integration of any market surveyed (32%).
The same research points to why. Two in three Australian respondents (68%) work across three or more platforms, and one in three (33%) said their firm has no documented process for capturing knowledge when staff leave. AI can't draw on knowledge that only lives in someone's head, or find the right version of a document stored in four different places.
That's the gap we see most often: the appetite is there, the individual use is there, but the firm underneath isn't yet set up for AI to work across it.
If you're expecting Australian regulators to tell firms to stop, they aren't.
The Queensland Law Society's Guidance Statement No. 37 says plainly that QLS does not seek to discourage the use of AI tools, and does not see that use as incompatible with ethical duties. What it does expect is use within appropriate guardrails. Among other things, it says:
The Law Society of NSW's solicitor's guide, updated in January 2026, takes the same line: solicitors remain responsible for their advice, must exercise independent judgement, and should not rely on generative AI to verify sources that AI produced. The courts have added their own layer, including the NSW Supreme Court's Practice Note SC Gen 23 on generative AI in court documents.
The message across all of it is consistent: use AI, but know what's being used, by whom, on what, and under which rules.
Put the research and the regulatory guidance side by side and the risk isn't that your firm uses AI. It's that your firm uses AI without seeing it, without rules around it, and without the foundations that would let it do more than individual drafting shortcuts.
Three questions are worth asking at your next partners' meeting:
None of those questions is a reason to wait. Each one is something a firm can begin this month.
For a practical next step, read Getting started with AI in a small law firm.