The Bar Standards Board's AI guidance, valid from 18 May 2026, is written for barristers. Section 6 says barristers should be aware that instructing solicitors may use AI tools. It asks them to consider how that use affects the instructions and materials they receive, including their accuracy and confidentiality. Solicitors are not regulated by it.
What is the guidance and who does it cover?
The Guidance on the use of Artificial Intelligence and Other Technologies is issued by the Bar Standards Board for barristers. It is "issued primarily to address the risks posed by Generative AI tools", although the BSB says the principles "apply to the use of any technology".
It is organised by stage of adoption, from general ethical duties and competence through to each use of AI and, in section 6, what happens when others use AI. Solicitors are regulated by the SRA, whose own position is in its AI warning notice.
What does it say about instructing solicitors?
Section 6 says barristers "should consider the impact this use may have on their instructions or the materials they provide". It adds that they "may need to consider whether this use may impact the accuracy or confidentiality of materials they share with you".
Professional Statement 1.12 is listed alongside. It expects barristers to "identify and appropriately respond to uses of AI by clients, instructing solicitors, and opposing counsel".
For a firm, this means counsel may ask how a set of papers was prepared. Our note on client confidentiality before AI tools covers the confidentiality side from the solicitor's end.
Who is responsible for AI-assisted work at the Bar?
The barrister is. The guidance says "Using AI and other technologies amounts to outsourcing under rC86", so the barrister remains responsible for the work and for compliance with BSB obligations. It adds that "Any inaccuracies introduced through the use of AI or other technologies remain your responsibility".
That matches the direction of the Civil Justice Council's report on AI and court documents, which leaves lawyers responsible for the accuracy of what they submit.
Does it say clients should be told about AI use?
In places, yes. Under Core Duty 3, barristers "must be transparent about your use of AI tools, especially if asked by your client, the court, or the BSB", if it materially impacts the nature and scope of the legal service, or if UK law or court rules require it. We cover the solicitor side in telling clients about AI use.
What does it say about policies and records?
The guidance encourages barristers to consider an AI policy covering "acceptable uses, record keeping procedures, data governance and AI governance procedures". It says records "may include AI audit logs and appropriate prompt histories".
It also sets out a risk-based approach that looks at the application, the use and the technology itself. For the checking side, see what human review means for legal AI.
The guidance is the BSB's view of how its Handbook applies when AI is used, not legal advice.
Margo Legal is not a law firm and does not give legal advice.
Frequently asked questions
What is the guidance and who does it cover?
The Guidance on the use of Artificial Intelligence and Other Technologies is issued by the Bar Standards Board for barristers. It is "issued primarily to address the risks posed by Generative AI tools", although the BSB says the principles "apply to the use of any technology".
What does it say about instructing solicitors?
Section 6 says barristers "should consider the impact this use may have on their instructions or the materials they provide". It adds that they "may need to consider whether this use may impact the accuracy or confidentiality of materials they share with you".
Who is responsible for AI-assisted work at the Bar?
The barrister is. The guidance says "Using AI and other technologies amounts to outsourcing under rC86", so the barrister remains responsible for the work and for compliance with BSB obligations. It adds that "Any inaccuracies introduced through the use of AI or other technologies remain your responsibility".
Does it say clients should be told about AI use?
In places, yes. Under Core Duty 3, barristers "must be transparent about your use of AI tools, especially if asked by your client, the court, or the BSB", if it materially impacts the nature and scope of the legal service, or if UK law or court rules require it. We cover the solicitor side in telling clients about AI use.
What does it say about policies and records?
The guidance encourages barristers to consider an AI policy covering "acceptable uses, record keeping procedures, data governance and AI governance procedures". It says records "may include AI audit logs and appropriate prompt histories".
Sources
- Bar Standards Board, "New guidance supports barristers to safely adopt artificial intelligence and emerging technologies", press release, 18 May 2026: https://www.barstandardsboard.org.uk/resources/press-releases/new-guidance-supports-barristers-to-safely-adopt-artificial-intelligence-and-emerging-technologies.html
- Bar Standards Board, Guidance on the use of Artificial Intelligence and Other Technologies (Valid from 18 May 2026): https://www.barstandardsboard.org.uk/static/5e1baa5c-614c-4105-afae9a9ccdf8d97b/c0d1ed62-fcad-4a68-8ab810de5fa9b116/Artificial-Intelligence-Guidance-May-2026.pdf