Aipedia: Barristers

The BSB's AI guidance for barristers, explained

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

The BSB's AI guidance, valid from 18 May 2026, explains how the existing Core Duties and conduct rules apply to AI; it does not create new rules. Because it is the regulator's own reading of the Handbook, falling short of it can lead to a disciplinary referral.

Part of: AI in Barristers

In short

The BSB published its Guidance on the use of Artificial Intelligence and Other Technologies in May 2026, partly prompted by Ayinde. It sets six good-practice principles, maps AI risks to Core Duties CD1 to CD10 and rules including rC9, rC15, rC19, rC20, rC86 and rC123, and says free public AI tools are "unlikely" to meet confidentiality conditions. Agentic AI should be considered with "absolute caution". Unlike the Bar Council's considerations, which are expressly non-regulatory, this is the regulator speaking. It says nothing about insurance or BMIF.

What the BSB published and when

The BSB announced the guidance in a press release and published the full guidance, valid from 18 May 2026. It is guidance, not new rules: it explains how duties already in the BSB Handbook apply when barristers use AI and other technologies. It was prompted partly by the Divisional Court's decision in Ayinde, and it cites three cases: Ayinde and Al-Haroun [2025] EWHC 1383 (Admin), UK and R (Munir) v SSHD [2026] UKUT 81 (IAC) and Oakley v Information Commissioner [2024] UKFTT 315 (GRC).

Two gaps are worth noting. The guidance does not mention insurance or BMIF, and it does not separately address the supervision of pupils.

The six principles

Assess the impact of any AI use on your Core Duties.
Keep a basic awareness of technology and AI.
Weigh risks, benefits and costs before adopting a tool.
Put proper IT systems and data governance in place.
Be transparent and protect confidential information.
Recognise that clients, solicitors and opponents may also be using AI.

The Core Duties and rules it maps

Duty or rule	What it means for AI use
CD1, rC3, rC6, rC9.1, rC9.2	Do not mislead the court knowingly or recklessly, and make no unsupported statements of fact or contentions. Check every authority and proposition.
CD2, CD7	Act in the client's best interests and to a competent standard, which includes understanding the limits of the tool.
CD3, CD5, rC4	Honesty, integrity, public trust and independence: AI must not substitute for your own view.
CD6, rC15	Protect client confidentiality, including when data goes into an AI tool.
CD8, rC12	No unlawful discrimination arising from bias in AI outputs.
CD9, rC64	Be open with the BSB and answer enquiries about AI use honestly.
CD10, rC87, rC89	Manage your practice and chambers competently, including data and AI governance.
rC19, rC19.1, rC19.3	Tell clients where AI materially affects the service or who is responsible for it.
rC20	Personal professional responsibility and own judgement.
rC86, rC86.3, rC86.3.b	AI tools are treated as outsourcing; you stay responsible for automated actions.
rC123	Public Access: consider whether a lay client relying on AI understands and can rely on it.

The guidance also refers to paragraphs 1.5, 1.6, 1.10 and 1.12 of the Professional Statement.

Key points in practice

Free public tools. Their terms often let providers claim rights over inputs and prompts. The BSB says it is "unlikely" such tools meet the confidentiality conditions and limits them to the lowest-risk tasks, such as general learning or training exercises with no case details. More in free AI tools and confidentiality.
Agentic AI. Tools that act automatically are "likely to be of high risk for most applications at the Bar". Low-risk automation such as reminder emails may be acceptable with strict controls. See agentic AI in chambers.
Accuracy. AI is "likely to generate false citations when asked a legal question". Verify references and conclusions through independent sources, even with legal-specific tools; see fake citations at the Bar.
Transparency. Tell clients where AI materially affects the service. Low-risk, non-sensitive use may not need disclosure, and the guidance notes judicial guidance generally does not require representatives to refer to AI use, depending on context.
Governance. Keep an AI policy, data and prompt deletion rules, audit logs and access restrictions on shared chambers systems. Check whether data leaves the UK, whether the tool meets ICO standards and what happens to your data if the vendor fails.
Public Access. Where a direct-access client seems to rely on AI, consider whether they would be better served by instructing a solicitor.

How it differs from the Bar Council's considerations

The Bar Council's considerations on generative AI software for the Bar were first issued in January 2024 and updated on 26 November 2025 after recent High Court decisions. They were produced by the Bar Council IT Panel with its Ethics Committee and Regulation Panel. The document states that it is not regulatory, not legal advice and not "guidance" for the purposes of BSB Handbook I6.4.

Its content overlaps: it lists anthropomorphism, hallucinations, information disorder, training-data bias, mistakes and confidential data being used for training, plus cyber security and intellectual property, and says "ultimate responsibility for all legal work remains with the barrister." The practical difference is weight. The BSB document is the regulator's statement of how the Handbook applies, so it is the benchmark in any disciplinary context. A joint Bar Council and BSB working group is scoping training and supervision.

What it means for PI

The guidance does not change insurance obligations. Self-employed barristers must still insure with BMIF on the BSB minimum terms: at least £500,000 each and every claim, defence costs in addition, and a closed list of permitted exclusions that says nothing about AI. A client's negligence claim arising from AI-assisted work is therefore usually handled like any other, subject to the terms. A BSB fine following a breach of the duties the guidance describes is a permitted exclusion and would usually be uninsured.

Following the governance points also gives you a record to show a top-up insurer or answer a claim. For the compulsory regime itself, see barristers' PI and the BSB, and for the wider picture our AI at the Bar overview. See does BMIF cover AI mistakes and what to document about AI use.

How Apex helps

Apex arranges PI for barristers. A broker can review how your BMIF layer and any top-up cover treat AI-assisted work and help you describe your AI controls when an insurer asks.

Sources

Frequently asked

Is the BSB AI guidance binding?

It is guidance rather than new rules. It explains how existing Core Duties and Handbook rules apply to AI, and those duties are binding. In practice the BSB is likely to use the guidance as the benchmark when deciding whether a barrister's use of AI breached the Handbook.

Can I use a free AI chatbot for client work?

The BSB says free, publicly available tools are unlikely to meet the confidentiality conditions because their terms often give the provider rights over inputs. It suggests limiting them to the lowest-risk tasks, such as general learning or training exercises that contain no case details.

Does the guidance say anything about insurance?

No. It does not mention insurance or BMIF. The insurance position comes from the BSB minimum terms for the self-employed Bar, which require at least £500,000 each and every claim and contain no AI exclusion among the permitted exclusions.

What is the difference from the Bar Council document?

The Bar Council's considerations, updated 26 November 2025, are expressly not regulatory and not Handbook guidance. The BSB guidance is the regulator's own account of how the Handbook applies, so it carries more weight if your AI use is ever examined by the BSB or a court.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.