Guidance says barristers must maintain AI awareness, assess risks and comply with existing duties on accuracy, confidentiality and client care
The Bar Standards Board (BSB) has issued new guidance on the use of artificial intelligence (AI) and emerging technologies in legal practice, stressing that barristers remain fully responsible for compliance with professional duties when using such tools.
The guidance explains how existing obligations under the BSB Handbook continue to apply when AI is used in legal work. It highlights that barristers must understand how such tools may affect duties relating to accuracy, confidentiality and client care.
The regulator said barristers should “consider how AI use will affect compliance with Core Duties and rules in the BSB Handbook” and ensure they maintain an appropriate level of awareness of how these systems operate in practice.
It further requires practitioners to “maintain a basic level of technological and AI awareness” and to “assess the risks, benefits and costs of new technologies before use” to ensure they are suitable for professional work.
The guidance also sets out expectations around safeguards. Barristers are required to ensure appropriate IT systems and data governance arrangements are in place when using AI tools. They must also be transparent in their use of technology, while continuing to uphold client confidentiality and protect sensitive information.
It further highlights the need to consider the wider litigation environment, noting that clients, solicitors and opposing parties may also be using AI tools. The guidance states that this may affect how barristers discharge their professional responsibilities, particularly where unverified or AI-generated material could influence proceedings.
The Bar Standards Board said the guidance is intended to support the responsible adoption of AI rather than restrict its use, recognising that such tools may offer benefits where used appropriately within existing professional frameworks.
Ewen MacLeod, director of strategy, policy and insights at the Bar Standards Board, said AI was “already shifting how legal services work”. He added: “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.”
The Bar Council welcomed the publication, saying it “supports barristers to safely adopt artificial intelligence and emerging technologies” and reinforces existing professional standards rather than introducing new regulatory burdens.
Kirsty Brimelow KC, Chair of the Bar Council, said: “We welcome the publication of the BSB’s AI guidance, which complements our own, and we believe will help barristers understand what the regulatory framework means for their use of AI.”
She added: “We agree that barristers’ use of AI engages several of the BSB Handbook’s ethical principles and Core Duties, including the duties not to mislead the court, to provide a competent standard of work and service, and to act with honesty and integrity.”
Brimelow concluded: “The Bar Council encourages a conscientious and responsible use of modern technologies to help provide access to justice and to assist with the administration of justice.”