Bar Standards Board publishes new AI guidance

The Bar Standards Board (BSB) has issued new guidance on the safe and responsible use of artificial intelligence (AI), in response to the increasing use of AI tools in legal practice.

The BSB said recent cases had highlighted the risks associated with misuse of the technology. The board made particular mention of Ayinde v London Borough of Haringey, in which a claimant's barrister submitted grounds with citations that did not exist.

The board said its 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, and sets out good practice principles to support barristers at all stages of adoption and use.

These include:
• considering how AI use will affect compliance with Core Duties and rules in the BSB Handbook
• maintaining a basic level of technological and AI awareness
• assessing the risks, benefits and costs of new technologies before use
• ensuring appropriate IT systems and data governance are in place
• being transparent, upholding client confidentiality and protecting sensitive information
• recognising that clients, solicitors and opposing parties may also use AI tools, and how this may affect barristers’ responsibilities

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.”

Adam Carey