16 Feb 2021

At the BSB, one of our commitments is to focus on the use of technology in the profession. We understand the important role innovation and technology could play in improving access to justice.  We would like the profession to adapt and take advantage of the opportunities this brings and are keen to play our part in encouraging the use of technology where it can bring benefits. Being a risk-based regulator, it is important that we understand the risks and opportunities that can arise from technological innovation and, where necessary, act quickly to mitigate any risks.

This short blog highlights some of the ways in which we are seeking to gain insight into the use of technology, helping us to understand how new ideas can be translated into reality, and ensuring that regulation adapts to facilitate the opportunities, while managing the risks.

Through our engagement with LawtechUK: This is a Government backed initiative aimed at supporting digital transformation of the UK legal sector. As part of this initiative, the BSB is working alongside other legal services regulators to provide regulatory support to those innovators who were successful in the pilot phase of this initiative. A list of the projects and more on this initiative can be found here. We are excited to be working on this initiative and look forward to seeing what opportunities this could bring to improve access to justice, while at the same time considering what they might mean for the Bar and for the BSB itself. 

Flexibility in applications of rules: One of the ways we can facilitate innovation, is through keeping our rules flexible. As we review our Code of Conduct, we aim to remove unnecessary prescription to facilitate different ways of thinking to deliver the right outcomes for the consumer and public interest. If our current rules are acting as a block to innovation or the use of technology, we can consider granting a waiver. More on waivers and how you could apply for one can be found here.

Ongoing engagement with barristers’ practices and further research: last year we sent out a request to barristers’ chambers asking them to answer a range of questions about their practice. Our Regulatory Return, as this is known, included questions relating to the current and future use of technology, as well as the perceived risks and barriers to the take up of technology. We are really looking forward to hearing what is happening in Chambers and to consider where we might be able to do more to enable innovation and better use of technology.

If you wish to discuss our work on technology and innovation, please contact [email protected]

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