“Effectively procuring, adopting, and using technologies takes skill and resources” the Bar Standards Board (BSB) says in newly published guidance on the use of artificial intelligence in practise.
Guidance on the use of Artificial Intelligence and Other Technologies has been published in response to the increasing use of AI tools across legal practice, recent cases of misuse, and the Ayinde v London Borough of Haringey judgment, in which a barrister submitted grounds with citations that did not exist and included an incorrect summary of legislation which was found to have been produced by AI.
The guidance provides a practical framework for barristers to use AI safely while continuing to meet their professional obligations, explaining how existing duties and rules under the BSB handbook apply when using AI and other technologies.
Adopting a risk-based approach to selecting appropriate use cases is encouraged by the BSB, which cites example of administrative use for improved client experience. Examples include distributing meeting reminders as low risk, legal research as medium risk, and court submissions and work with vulnerable clients as high risk.
The guidance frames barristers’ responsibilities around the core duties behaviours. The use of AI should take into account competency, bias, and transparency of use, specifically with client if its use “materially impacts the nature or scope of your legal service.”
Barristers are also expected to maintain a “basic level of general technology and AI competence” to understand its impact on practice and enabling a thorough evaluation of the risks, benefits and costs of new technologies before using them, ensuring IT systems and data governance are properly implemented.
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.”
