The Bar Standards Board published Guidance on the Use of Artificial Intelligence and Other Technologies on 18 May 2026. The document is final regulator guidance. It is not a consultation. It does not change the BSB Handbook. It explains how existing Core Duties and Conduct Rules apply when a barrister uses AI or other emerging technology.
The guidance pins AI use to Core Duties in Part 2 of the BSB Handbook. Core Duty 5 covers public trust in the profession. Core Duty 6 covers client confidentiality. Core Duty 7 covers competent work and service. The guidance cross refers to the Ayinde v London Borough of Haringey judgment on fabricated case citations. It restates the existing duty not to mislead the court.
The direct addressees are practising barristers in England and Wales, including those in BSB entities. Chambers must assess AI tool terms before use. Free generative AI providers typically claim rights to input data, store prompts indefinitely and use them to train models. The BSB treats those terms as incompatible with confidentiality duties. Barristers must verify AI output. They must evaluate risk before adopting a tool and keep a baseline of AI literacy.
Barristers are not required to disclose AI use in every case. Disclosure is required where AI materially affects the nature or scope of the service. Barristers must respond honestly to questions from a court or the BSB about AI use. The guidance does not create new reporting obligations. It does not displace the Bar Council's separate generative AI guidance.
We may advise on AI governance for legal practices. We can call on a partner network of solicitors and barristers where local regulatory input is required. Contact us to scope a piece of work. Work we undertake includes AI policy drafting, vendor terms review, confidentiality assessments, staff training programmes and incident response procedures aligned with regulator guidance.
Source: Bar Standards Board, Guidance on the Use of Artificial Intelligence and Other Technologies, 18 May 2026, https://www.barstandardsboard.org.uk/resources/new-guidance-supports-barristers-to-safely-adopt-artificial-intelligence-and-emerging-technologies.html
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