Consent is required to use of email for reasons as follow:
1. Use of Email
Email is our primary method of communicating with you, other legal professionals, courts & government agencies. It is the most efficient & cost-effective way to exchange documents, provide updates, and keep a clear written record of advice and instructions. We use email to send you correspondence, invoices, and documents relevant to your matter.
2. Risks of Email
Email carries risks that you should be aware of, including:
- Interception by third parties (including in cases of hacking or “email hijacking”);
- Non-delivery or delayed receipt of messages;
- Emails containing viruses or harmful software;
- The risk that an email address is compromised without the account holder knowing.
We use industry-standard security measures, including virus scanning & encrypted mail servers, to minimise risks. However, risks cannot be eliminated. We recommend you maintain up-to-date virus protection & are vigilant about verifying bank account details before making transfers.
Important: Criminals sometimes intercept emails & alter bank account details. We will not change our bank or trust account details by email. If you receive an email from ‘us’ with changed bank details, please call immediately.
3. Consent to Use of Email
While other technologies are optional, it is incredibly difficult (and not a stretch to say impossible) for a law firm to conduct matters without use of email. Post, while it can be used, has become increasingly delayed & it is difficult to know whether documents or advice has been received quickly or at all.
Even if we do not communicate with you by email, we will be required to email other parties & keep your documents electronically given we run a close to ‘paperless’ office. If you have questions or concerns about the use of email, please reach out to the person managing your matter to discuss as early as possible.
By continuing to instruct our firm, you consent to Advocate Lawyers communicating with you by email. You understand & accept the risks of email communication described above.
USE OF ARTIFICIAL INTELLIGENCE TOOLS
Consent is optional to the use of AI. If you decline, we will complete tasks using traditional methods. Your decision will not affect our willingness to act for you. If our costs estimate is affected due to time expected to do tasks manually, we will reissue for your consideration of any new estimate.
Important: Even if you do not consent to use of AI, almost all software platforms now have inbuilt AI (including Microsoft, Google, Adobe, Apple etc.). We can choose not to use AI which we actively engage with, however there is no way to ensure your information is not available ‘to AI’ through software used in ordinary course of business.
4. What AI tools we specifically use
We use paid commercial versions of Claude, an artificial intelligence platform developed by Anthropic, Inc. (anthropic.com) & ChatGPT developed by Open AI. The paid versions provides stronger privacy protections than free consumer tools. We may also use:
- Granola AI (a transcription program) to create summaries of transcripts (see below),
- Microsoft programs to assist with formatting, drafting of documents, track changes version;
- Adobe to create writable or readable versions of scanned documents; &
- Our practice management software Clio to create documents with your details in them by using coding connected to the platform.
5. How we use AI on your matter
AI tools may be used to assist with tasks such as:
- Reviewing & summarising documents;
- Drafting correspondence, documents & file notes;
- Legal research & analysis;
- Reviewing draft contracts or agreements for issues, mistakes, flags, changes on return of drafts;
- Administrative tasks.
All AI-generated content is reviewed by a qualified lawyer before being sent to you, filed, or acted upon.
AI tools assist our lawyers to reduce time & cost while increasing accuracy, they do not replace legal judgment.
6. Why this benefits you
Some AI allows us to introduce efficiencies in order to offer fixed fees. If your matter is charged on an hourly rate, using AI to assist with tasks reduces time our staff spend on tasks which means lower legal fees. AI tools handle drafting & research more quickly than manual methods, allowing lawyers to focus their time on the judgment & advice that only they can provide.
7. What information is shared with AI
When we use AI in connection with your matter, information related to your matter may be entered into a platform. This may include:
- Descriptions of the legal issue or transaction;
- Extracts from documents relevant to your matter; and
- Instructions (or summaries of instructions) you have given us.
We take steps to minimise the personal information shared & where reasonably practicable, to de-identify or anonymise your information before it is entered into any platforms (for example, by using your matter number or random initials rather than names).
8. If you decline
If you do not consent to the use of AI, we will complete all tasks that would otherwise be assisted by AI tools using traditional manual methods. This may mean that some tasks take longer & result in higher fees, but we will continue to act for you to the same standard of care.
We will still use programs which may have embedded AI tools and machine learning as required in the ordinary course of business but won’t input your information into standalone AI products.
9. Opting Out
We take your continued instruction and initial acceptance of this document in our intake form following the provision of this Consent to be your consent to the use of AI functionality over the course of your matter.
To opt out, please click here to advise any areas that you do not wish to consent to.
RECORDING & TRANSCRIPTION OF MEETINGS & CALLS
This section is optional and you do not have to consent. If you decline, meetings & calls will not be recorded & file notes will be taken manually. Your decision will not affect our willingness to act for you but may increase costs if it takes time to manually write file notes or perform work.
10. What platforms we use
We currently expect to use the following two platforms for recording & transcription:
- Microsoft 365, including Teams & Word: meeting recording & transcription;
- Zoom: meeting recording & transcription;
- Granola: meeting transcription & AI summaries (no live recording); and
- VXT: call recording & transcription.
11. Why we record meetings & calls
Recording meetings & calls allows us to produce accurate, detailed records of your instructions & the advice we give you far more reliably than manual note-taking. It also reduces the time our lawyers spend drafting file notes after meetings & calls, which means lower fees for you. Transcripts are reviewed by your lawyer/conveyancer & stored securely as part of your file.
Electronic file notes or transcriptions can also be used to create a first draft of documents discussed in meetings or to send you (or another party such as a paralegal or barrister) an email confirming next steps in far less time than writing an email from handwritten or typed notes.
It also allows our lawyers to focus on what you are saying & legal strategy, rather than focusing on writing down everything you are saying.
12. What happens to recordings
Recordings & transcripts are used to produce accurate file notes. They are not shared with other parties to matters or during proceedings except where required by law or with your consent. Recordings are stored securely & may be processed on the platforms’ servers (see the Data & Privacy Summary below). Recordings & transcripts form part of your legal file & are treated as confidential & attracting legal professional privilege.
13. Legal notice – Listening Devices Act 1991 (Tas)
Under the Listening Devices Act 1991 (Tas), it is an offence to record a private conversation without the consent of all parties. Your consent to recording via this form satisfies the consent requirement under that Act for meetings & calls between you & Advocate Lawyers. If a meeting or call involves others then we must, by law in Tasmania, notify those participants verbally that the meeting or call is being recorded before we begin recording.
Your consent under this form covers your participation in meetings & calls with Advocate Lawyers & you will not be verbally told each time we record a conversation with you.
14. If you decline
If you do not consent to recording, no meetings or calls involving you will be recorded or transcribed. With incoming calls, the default setting may be to record calls (as per our announcement when you call in) so to ensure that your calls are not recorded please tell our staff that you do not consent each time you call.
File notes will be taken manually by our staff after meetings & calls if you do not consent and will still be kept electronically. We will still act for you to the same standard & you are not required to consent.
15. Opting Out
We take your continued instruction following the provision of this Consent to be your consent to the use of recordings and transcripts over the course of your matter.
To opt out, please click here to advise any areas that you do not wish to consent to.
