New guidance sets out ethical duties and safeguards for barristers using AI tools
The Bar Standards Board (BSB) has issued new guidance aimed at helping barristers safely and responsibly use Artificial Intelligence and emerging technologies within legal practice. Published on 18 May 2026, the guidance responds to the growing use of AI tools across the legal profession, alongside increasing concerns over misuse and professional responsibility.
The regulator said the framework was developed following recent court cases highlighting risks linked to AI-generated legal material, including the judgment in Ayinde v London Borough of Haringey. According to the BSB, the guidance explains how existing professional duties under the BSB Handbook continue to apply when barristers use AI systems and other technologies during legal work.
The regulator said the document is intended to provide practical support rather than introducing entirely new rules. It outlines a series of good practice principles designed to help barristers assess and manage the risks associated with AI adoption. Among the recommendations, barristers are advised to consider how AI use may affect their ability to comply with core professional duties and conduct obligations.
The guidance also encourages barristers to maintain a basic level of understanding about AI technologies and related digital systems before incorporating them into practice. The BSB said practitioners should evaluate the risks, benefits and financial implications of any new technology before use.
Additional guidance focuses on the importance of maintaining appropriate IT systems, ensuring proper data governance arrangements, and protecting confidential or sensitive client information. The regulator also stressed the need for transparency when using AI tools in legal work.
Barristers are reminded that clients, solicitors, and opposing parties may themselves rely on AI systems, potentially creating additional professional considerations during litigation and case preparation. Ewen MacLeod said AI was already changing how legal services operate and that the guidance was intended to ensure barristers continue meeting ethical and professional standards while adopting new technologies.
MacLeod said the guidance aimed to support barristers in using technology “in a way that strengthens, rather than compromises their professional obligations”. The BSB’s intervention reflects broader debate within the legal sector over the growing role of AI in drafting, research, document review, and case preparation.
Recent cases in multiple jurisdictions have highlighted concerns surrounding fabricated legal authorities, inaccurate AI-generated submissions, and the handling of confidential data through third-party technology systems. The guidance forms part of the regulator’s wider work examining how technological developments may affect professional conduct, legal ethics and public confidence in legal services. The BSB has not imposed a ban on AI use but has instead emphasised that barristers remain personally responsible for the accuracy, integrity, and confidentiality of their work regardless of the technology used.