Bar Council updates AI guidance, urging barristers to better understand LLMs

The guidance, which was published on Tuesday (25 November), states: "The best-placed barristers will be those that make the effort to understand these systems and, if appropriate, use them as tools in their practice, while maintaining control and integrity in their use.

"There is nothing inherently improper about using reliable AI tools for augmenting legal services; but they must be properly understood by the individual practitioner and used responsibly, ensuring accuracy and compliance with applicable laws, rules and professional codes of conduct."

The report notes that barristers should learn about the technology in light of recent case law at the High Court and the fast-paced development of the technology.

The document also sets out the key risks with LLMs, including anthropomorphism, hallucinations, information disorder, bias in data training, mistakes and confidential data training.

Changes to the guidance include references to new generative AI tools based on large language models (LLMs) such as Google's Gemini, Perplexity, Harvey, and Microsoft Copilot.

It also highlights that LLMs lack a conscience and social and emotional intelligence, and details cybersecurity vulnerabilities that arise when using them.

In addition, it references recent case law on the use of LLMs by lawyers, academic studies and covers the interaction between intellectual property law and LLMs.

Barbara Mills KC, Chair of the Bar Council, said recent cases have emphasised "the dangers of the misuse by lawyers of artificial intelligence, particularly large language models, and its serious implications for public confidence in the administration of justice".

She added: "We recognise that the growth of AI tools in the legal sector is inevitable and occurring at a fast pace. As the guidance explains, the best-placed barristers will be those who make the efforts to understand these systems so that they can be used with control and integrity.

“Any use of AI must be done carefully to safeguard client confidentiality and maintain trust and confidence, privacy, and compliance with applicable laws."

The document comes with a note that it has been prepared by the Bar Council "to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here."

Adam Carey