The Bar Standards Board (BSB) launched a public consultation in October 2026 on a proposed framework for the use of artificial intelligence tools in legal advocacy. The consultation covers barristers practising in England and Wales and asks whether AI-assisted drafting of skeleton arguments, written submissions, and case summaries should be permitted, and if so, what obligations to disclose AI involvement should be placed on counsel.
The consultation follows growing use of large language model tools by junior barristers and chambers' clerks for research and drafting. The BSB notes that it is currently silent on AI use in its BSB Handbook and that barristers are using these tools without regulatory clarity on competence, accuracy checks, and client disclosure obligations.
Key questions in the consultation. The BSB asks whether: (1) AI-assisted drafting is consistent with the core duty of competence under rC21 of the Handbook; (2) barristers should be required to disclose AI use to the court and client; (3) there should be a prohibition on AI tools in certain proceedings (for example, family or criminal cases involving vulnerable parties); and (4) chambers should be required to maintain AI-use policies.
Relevance for litigants. The consultation is relevant to anyone involved in litigation who instructs a barrister. If the BSB introduces disclosure requirements, litigants will know when AI-assisted arguments are being used on their behalf. For background on how courts receive written arguments, see the guide to reading a court judgment. The SRA's guidance on AI use by solicitors (published earlier in 2026) provides a parallel framework for the solicitors' profession. The consultation closes on 28 February 2027.