Bar Council supports AI use but calls for safeguards on witness statements
The Bar Council has stated that existing professional standards are sufficient to regulate the use of artificial intelligence in legal practice, following its response to a consultation by the Civil Justice Council.
In its submission, published on 21 April 2026, the Bar Council said there is no need to introduce new court rules governing the use of AI by legal professionals when preparing documents such as statements of case or skeleton arguments.
The response builds on updated guidance issued by the Bar Council in November 2025, which addressed the responsible use of generative AI tools and highlighted risks associated with so-called “hallucinations”, where software produces plausible but incorrect information.
Lawrence Akka KC, Chair of the Bar Council’s IT Panel, said barristers are already bound by the code of conduct enforced by the Bar Standards Board. He noted that these obligations include duties not to mislead the court and to act with honesty and integrity.
He stated that any material produced using AI must be carefully checked to ensure its accuracy and completeness. Within this regulatory framework, the Bar Council supports the responsible use of technology to assist in the administration of justice and improve access to legal services.
However, the Bar Council drew a clear distinction between the use of AI by legal professionals and its use in witness statements. It said witnesses should not use AI to generate, edit, or enhance their statements, as this would conflict with the requirement that such evidence reflects the witness’s own words.
The organisation warned that AI tools which suggest or refine text could influence the content of statements, potentially introducing language or conclusions that the witness did not intend. This, it said, would undermine the integrity of the evidence.
The Bar Council therefore supported the Civil Justice Council’s proposal for a rule requiring witnesses to confirm that AI has not been used in the preparation of their statements.
The response also addressed broader developments in the use of AI within the justice system. The Ministry of Justice recently announced a study into the use of AI to produce court transcripts more quickly and at lower cost.
While welcoming efforts to improve access to justice, the Bar Council emphasised the importance of maintaining accuracy, particularly in cases involving multiple languages or limited training data. It also raised concerns about the potential use of confidential or sensitive information in training AI systems.
The Bar Council stated that any use of such data must protect individuals’ rights, including the anonymity of victims of sexual offences and children involved in legal proceedings.