New Guidance on GenAI for the Bar

We investigate the new guidance from the Bar Council on the use of ChatGPT and generative AI legal tools for barristers.

The Bar Council has issued new guidance addressing the use of ChatGPT and other Gen AI tools for barristers. With the topic of generative AI legal tools continuing to gain traction in the legal industry, generative AI is set to have an increasingly important role for barristers in the future. Of course, there are numerous benefits to the use of AI in litigation, from streamlining document review to enhanced efficiency, all of which save barristers and legal professionals significant amounts of time and money. However, the rise of generative AI also brings with it challenges, which is why the Bar Council has issued the guidance to advise on the use of Gen AI tools.

An overview of the guidance

The Bar Council has issued new guidance addressing the use of ChatGPT and other generative artificial intelligence (AI) large language model systems (LLMs) by barristers. The guidance emphasises that while there is nothing inherently improper about employing reliable AI tools to augment legal services, practitioners must have a clear understanding of these tools and use them responsibly. Key risks associated with LLMs, such as anthropomorphism; hallucinations; information disorder; and bias in data training, were highlighted.

Advice for barristers on the use of Gen AI tools

According to the guidance issued by the Bar Council, barristers are advised to:

• Verify LLM output, and maintain proper procedures for checking generative outputs, due to the potential hallucinations and biases

• Refrain from substituting professional judgement, quality legal analysis and expertise, with content generated by LLMs

• Exercise vigilance regarding sharing privileged or confidential information on any LLM system

• Assess generated content for potential intellectual property violations.

The guidance also recommends staying abreast of relevant Civil Procedure Rules, which, in the future, may implement rules/practice directions on the use of LLMs. Sam Townend KC, Chair of the Bar Council, emphasised the inevitability of AI tools’ growth in the legal sector and urged barristers to understand these systems for controlled and ethical use.

In summary

The guidance, developed by the Bar Council’s IT Panel in consultation with the Regulatory Review Panel, aims to assist barristers in adhering to legal and ethical standards when incorporating LLMs into their practices. It concludes by noting that the guidance is subject to review, and practitioners should remain vigilant and adapt to changes in the legal and regulatory landscape. Importantly, the guidance is not considered legal advice and does not serve as ‘guidance’ for the purposes of the BSB Handbook 16.4. Full guidance can be found here.

Need further advice about generative AI legal tools?

Although there is much to think about when it comes to the use of generative AI legal tools, such tools can have a significant impact on efficiency. Generative AI tools such as TrialView can not only streamline improve organisation, but can also enhance collaboration, compliance, and the overall strategic approach to legal proceedings. If you’d like to learn more about the benefits of AI in litigation and discover how gen AI tools can allow you to work with enhanced speed and efficiency for every aspect of your case, book a tailored demo or alternatively contact our team to find out more.