Source: Today's Family Lawyer

Guidance on the use of Artificial Intelligence and Other Technologies has been published by the Bar Standards Board in response to increased AI use in legal practice, recent misuse cases, and the Ayinde v London Borough of Haringey judgment in which a barrister submitted grounds containing citations that did not exist and an incorrect summary of legislation that was found to have been produced by AI. The guidance offers a practical framework explaining how existing duties and rules in the BSB handbook apply when barristers use AI and other technologies.

The BSB encourages a risk-based approach to selecting AI use cases, giving examples that classify administrative tasks (such as 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 responsibilities around core duties and behaviours, requiring consideration of competency, bias, and transparency—specifically requiring disclosure to a client if AI use “materially impacts the nature or scope of your legal service.” Barristers are expected to maintain a “basic level of general technology and AI competence,” to evaluate risks, benefits and costs before adopting technologies, and to ensure IT systems and data governance are properly implemented. Ewen MacLeod, director of strategy, policy and insights at the BSB, is quoted saying the guidance is intended to help barristers adopt technologies in ways that strengthen rather than compromise professional obligations.