Daniel Meyerowitz-Katz, Barrister

Daniel Meyerowitz-Katz, Barrister Daniel is a barrister at University Chambers in Sydney. Check out www.dmkbarrister.com

A recent court decision in the USA highlights why using AI models to give instructions to your lawyers can be a terrible...
19/02/2026

A recent court decision in the USA highlights why using AI models to give instructions to your lawyers can be a terrible idea if you are not careful about the privacy terms you are agreeing to.

The judge observed that: 'the written privacy policy to which users of Claude consent provides that Anthropic collects data on both users' "inputs" and Claude's "outputs," that it uses such data to "train" Claude, and that Anthropic reserves the right to disclose such data to a host of "third parties," including "governmental regulatory authorities." ... The policy clearly puts Claude's users on notice that Anthropic, even in the absence of a subpoena compelling it to do so, may "disclose personal data to third parties in connection with claims, disputes [,] or litigation."'

See here for more:

With the recent boom in generative artificail intelligence ("AI") and large language models ("LLMs"), it probably should not come as a surprise that it has become increasingly (and unfortunately) common for me to receive instructions from clients that appear to be generated using consumer AI product...

The latest instalment in my series in which I try to improve legal writing one post at a time. This time on the use of "...
26/01/2025

The latest instalment in my series in which I try to improve legal writing one post at a time. This time on the use of "Messrs" as a plural form of "Mr".

Us lawyers are notorious for many things. One of those things is pedantry. That is a predictable symptom of a profession that involves hours of debating such matters as whether an "or" is subjunctive, disjunctive, or distributive, or the difference between "should", "shall", and "must". Another thin...

Some light weekend reading. I just had an article published in the Law Quarterly Review on election between inconsistent...
17/05/2024

Some light weekend reading. I just had an article published in the Law Quarterly Review on election between inconsistent contractual rights. You can read it here:

The below is the unedited manuscript for an article that was published in the Law Quarterly Review at (2024) 140 LQR 198.IntroductionWhere a party to a contract has two inconsistent rights it must elect between them, and an election to exercise one means the other is irrevocably lost. This applies w...

I decided I should try to explain the ICJ decision on South Africa's application against Israel for provisional measures...
28/01/2024

I decided I should try to explain the ICJ decision on South Africa's application against Israel for provisional measures. Here is the result.

Over the past few months I have deliberately refrained from speaking publicly about the current conflict between Israel and Hamas. There are a number of reasons for that, which I don't particularly want to get into on this website. However, one matter on which I feel I can and perhaps should contrib...

With all the excitement about ChatGPT recently, I thought it might be worth adding my personal experience with trying to...
26/06/2023

With all the excitement about ChatGPT recently, I thought it might be worth adding my personal experience with trying to use it as a legal tool.

In short, it is definitely impressive as a language model, but I would not be asking it for legal advice just yet.

(Also: how an AI bot holds up under cross-examination) I saw the following tweet not so long ago about how to "turn Chat GPT into your lawyer": The suggestion that Chat GPT can be turned into a lawyer may have been poorly timed, in that shortly after Mr Cheung's tweet the story began to break about....

A guide to avoiding inadmissible assertions in the evidence you prepare:
06/09/2022

A guide to avoiding inadmissible assertions in the evidence you prepare:

This post addresses by far the most common problem that I see in affidavits or witness statements. The problem is what is often referred to as "inadmissible assertions". The solution has application beyond just evidence and will assist all aspects of your litigation practice. In short, if you want t...

I have an article in the most recent edition of the Australian Law Journal on the fiduciary duties of representative par...
14/04/2022

I have an article in the most recent edition of the Australian Law Journal on the fiduciary duties of representative parties in litigation. Read it here:

Below is the unedited manuscript of an article that was published in the Australian Law Journal, citation (2022) 96 ALJ 185. Abstract There is conflicting authority in Australia as to the whether a representative plaintiff in class actions owes fiduciary duties to group members. A majority of the Hi...

Just a small grammatical tip for some of you out there.
10/09/2021

Just a small grammatical tip for some of you out there.

Here's something that makes me angry: when I read a sentence like, "The next day John sent an email to myself and Amy saying blah." A word that exists in the English language is the pronoun "me". It is used in the first person singular to indicate the object of a clause. For example, "this makes me....

I have an article in the latest edition of the Journal of Civil Litigation and Practice called "After the Event Insuranc...
22/03/2021

I have an article in the latest edition of the Journal of Civil Litigation and Practice called "After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach".

The text has been reproduced here, for those of you without access to the journal.

The below is the text of my article which was published in the Journal of Civil Litigation and Practice as (2021) 9 JCivLP 122 Daniel Meyerowitz-Katz[1] Abstract Security for costs is required in situations where a plaintiff is likely to be unable to pay a costs order in favour of a defendant. The m...

My latest instalment in what may someday become a series about ironing out bad pleading practice:
16/02/2021

My latest instalment in what may someday become a series about ironing out bad pleading practice:

This is the second in what may someday become a series of posts aimed at stamping out bad pleadings habits (first one here). This time we are taking aim at the words "relies on [document] for its full force and effect" and the equally unsatisfactory formulation "relies on [document] as though it wer...

I made a supplementary submission to the PJC inquiry into litigation funding and class actions, to respond to some other...
06/09/2020

I made a supplementary submission to the PJC inquiry into litigation funding and class actions, to respond to some other submissions regarding class certification and reforms to misleading or deceptive conduct laws.

See here:

Further to this post, I made a supplementary submission to the inquiry into litigation funding and the regulation of the class action industry being conducted by the Parliamentary Joint Committee on Corporations and Financial Services. My supplementary submission seems to have been uploaded to the w...

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2000

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