Letter · Incoming evidence — deepfakes & synthetic documents

Client warning letter on AI-fabricated or altered evidence

Letter warning a client that creating, altering or "enhancing" evidence with AI is serious misconduct and may be a crime, explaining what the firm must do if it learns evidence is false, and asking for originals and provenance.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, New South Wales, Victoria, Queensland
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Send at the start of any litigated matter where the client holds key digital evidence (photos, recordings, messages, documents), and promptly if there is any sign that client material has been edited or generated.

How AI may be used

AI can adapt the letter to the client's evidence types and forum from the lawyer's notes, but the lawyer decides the warnings given and handles any disclosure by the client.

AI may

  • Tailor the list of evidence types to the client's matter from the lawyer's notes.
  • Simplify the language to the client's reading level.
  • Prepare a list of originals and devices to request from the client.

AI must not

  • Must not soften or omit the consequences of fabricated evidence.
  • Must not record or summarise a client's admission of fabrication; that goes directly to the lawyer.
  • Must not suggest how material could be made to look more convincing.

The lawyer checks

  • The professional duty paragraph accurately reflects the conduct rules for the forum.
  • The criminal law reference is correct for the state.
  • Any concern already raised is handled in a separate conference and file note.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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