He calls on the legal profession to engage in legislative and policy reform
For Sidney Kung, the rule of law is increasingly strained worldwide as independence, integrity and trust are challenged in various jurisdictions. This, he says, highlights the importance of maintaining the independence of courts in Australia.
Earlier this week, the Baker McKenzie special counsel shared with Australasian Lawyer what he considers to be the most important work he did over the past year; in the second half of this interview, Kung discusses the responsibility of legal practitioners in light of challenges to the rule of law and the complex risks in AI adoption for legal.
What’s one misconception you think people have about lawyers, and how would you correct that misconception?
A common public misconception is that lawyers are overly conservative and act as obstacles to innovative commercial initiatives. In reality, however, this is far from the truth as effective lawyers facilitate business, whether by providing certainty on permissible business activities, or identifying areas of uncertainty and offering practical advice on enforcement risk.
To correct this misconception, as lawyers (whether in an in-house or external capacity) we must consciously make an effort to remember that our advice must always be tailored with the client’s commercial objectives in mind and is not to be given in a vacuum. In particular, in many instances, while there is no “right” or “wrong” answer, there is often a “better” or “worse” answer and it is imperative that as legal advisers we provide the client with the ability to make an informed decision at all times.
What challenges are particularly pressing in the country’s legal industry?
One of the most pressing challenges facing the Australian legal industry is the integration of AI into everyday legal practice. While AI presents significant opportunities to improve efficiency, consistency, and access to legal services, it also raises complex risks that the profession must actively manage. In particular, firms need to ensure robust safeguards around accuracy and reliability, including addressing the risk of AI hallucinations, maintaining the integrity of independent legal judgment, and preserving client confidentiality and privilege.
This challenge is complicated by evolving regulatory expectations and professional conduct obligations, which have not always kept pace with technological change. Lawyers must therefore develop strong governance frameworks for the use of AI tools, invest in training to ensure technology is used critically, and remain transparent with clients about how these tools are deployed. Successfully navigating this transition will be essential to maintaining trust in legal services while harnessing the efficiencies of innovation.
What are your thoughts on the current state of the rule of law worldwide?
Globally, the rule of law is under increasing strain, with mounting challenges to institutional independence, regulatory integrity, and public trust across many jurisdictions.
From an Australian perspective, this underscores the critical importance of maintaining strong, independent courts and regulators that operate fairly and transparently. As legal practitioners, we have an ongoing responsibility to support accountability and respect for legal institutions through the way we advise and represent our clients. Equally, by engaging constructively in legislative and policy reform, we help ensure that regulatory frameworks remain robust, proportionate, and fit for purpose in the face of rapid technological and societal change.
What are you looking forward to the most in the coming year?
In the coming year, I am looking forward to working closely with clients in the healthcare and life sciences sectors as they explore new business opportunities arising from regulatory reform, particularly in the digital health space. Supporting clients as they navigate this evolving landscape in balancing innovation, patient safety, and compliance is both challenging and rewarding.
As a recent participant of Baker McKenzie’s AI Accelerator program, I am also keen to contribute to broader conversations within my practice group and the firm about how AI can be used responsibly and efficiently in legal practice in order to provide better client service.
