The Bar Standards Board has introduced new guidance on the safe and responsible use of Artificial Intelligence (AI). In response to the increasing use of AI tools across legal practice, as well as recent cases highlighting risks of misuse and the Ayinde v London Borough of Haringey judgment, the guidance provides a practical framework for barristers to use AI safely while continuing to meet their professional obligations.
The guidance explains how existing duties and rules under the BSB Handbook apply when using AI and other technologies. It also provides good practice principles to support barristers at all stages of adopting and using technology. Such as:
Considering how AI use will impact their ability to fulfil the Core Duties and rules in the BSB Handbook
Maintaining a basic level of technology and AI awareness
Evaluating the risks, benefits and costs of new technologies before using them
Ensuring IT systems and data governance are properly implemented
Being transparent, upholding client confidentiality and protecting sensitive information
Recognising that clients, solicitors and opposing parties may use AI tools and how this use may impact barristers’ responsibilities.
Interestingly, the guidance maps Core Duties in the BSB Handbook to what they mean in technology terms. For example, Core Duty 7 ‘you must provide a competent standard of work and service to each client’ means you should maintain a sufficient level of competence in technology and AI – whether or not you adopt those technologies yourself. Barristers should understand the benefits and risks of technologies that may be adopted by opposing counsel. Emerging themes include being able to detect the potential for error in AI-generated submissions.
Ewen MacLeod, director of strategy, policy and insights at the Bar Standards Board, said: “AI is already shifting how legal services work. We want to ensure that the Bar recognises its ethical duties in the use of AI. This guidance is designed to support barristers in adopting new technologies in a way that strengthens, rather than compromises their professional obligations. It provides clarity on how existing standards apply in practice, while recognising the real opportunities these technologies present.”
You can access the new guidance HERE.
