EP. 35
Alex Ustych
Barrister, 5 Essex Chambers
The Question of AI at the Bar
A specialist barrister in AI and data protection law examines what AI really means for legal practice: where it helps, where it harms, and the three core rules every chambers should have in place before using it.
Artificial intelligence has arrived at the Bar whether chambers are ready or not. But how barristers engage with it, and whether they do so safely and responsibly, remains an open question. Alex Ustych has been thinking about this longer than most. Called to the Bar in 2010, he developed a specialism in data protection and emerging technology law before AI became a mainstream concern, and he brings a forensic legal perspective to a debate that is often driven more by hype than analysis.
This conversation covers the practical realities of using AI tools in legal work: where they add genuine value, where they introduce serious risk, and why the problem of AI "sycophancy" (the tendency of AI systems to tell users what they want to hear rather than what is accurate) is particularly dangerous in a professional context where accuracy is everything.
The danger is not just that AI gets things wrong. It is that it gets things wrong confidently, in a way that is very hard to detect unless you already know the answer.
Alex Ustych, Barrister, 5 Essex Chambers
Alex also addresses the intersection of AI and data protection law, a particularly pressing issue for chambers that handle sensitive personal data as a matter of course. Using AI tools that process client information raises real questions under UK GDPR that many chambers have not yet worked through. His three core rules for using AI responsibly in legal work give chambers a practical starting point.
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In this episode
- How barristers should engage with AI tools in practice, and where the boundaries lie
- The problem of AI "sycophancy" and why it is particularly dangerous in legal work
- The intersection of AI and data protection law, and what it means for chambers handling client data
- The biggest risks and opportunities AI presents to chambers right now
- Three core rules for using AI responsibly in legal work
Key takeaways
Alex argues that the most serious risk of AI in legal practice is not that it gets things wrong, but that it does so confidently and in a way that is very difficult to detect. The problem of sycophancy (AI systems designed to tell users what they want to hear) is especially acute in a profession where accuracy is non-negotiable. Chambers using AI tools that process client information also face real data protection obligations under UK GDPR that require careful consideration before any tool is deployed. His three core rules provide a practical framework for chambers that want to engage with AI responsibly rather than reactively.
Is your chambers ready for AI?
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About the guest
Alex Ustych
Barrister, 5 Essex Chambers
Alex Ustych specialises in data protection and information law, with a particular focus on the impact of emerging technologies on individuals' data protection and privacy rights. Called to the Bar in 2010 by Gray's Inn, he is ranked as a leading junior in The Legal 500 for Data Protection and is on the Attorney General's B Panel of Counsel. A member of the Society for Computers and Law, he advises both public bodies and private companies on major digital projects and has a long-standing interest in the legal challenges posed by artificial intelligence. He brings a forensic, practical perspective to questions that many in the profession are only now beginning to grapple with.
Transcript
Orlagh Kelly: Alex, you've been thinking about AI and the law for a long time, well before it became the conversation everyone is having now. What's changed in the last couple of years?
Alex Ustych: The technology has become much more accessible and much more capable, which means people are actually using it in their work rather than just theorising about it. And that brings a whole new set of legal and practical questions that chambers need to start thinking through seriously.
[Full transcript continues: paste the complete transcript here. We recommend Rev.com or Otter.ai for transcription, then a light edit pass.]
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