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trusted discussion group leaders. We need to meet with people where they are and dispel AI’ s false sense of legal certainty by explaining the law is not a play or mathematical experience, but instead a language that requires critical thinking, communication, and nuanced advocacy. Furthermore, we should educate people that during any“ lawyering,” it is imperative that lawyers are prepared, knowledgeable on the facts and law, and poised to represent their client to the best of their ability. And, therefore, to be a trusted discussion group leader means conducting the necessary research, evaluating the appropriate facts, and weighing the practical consequences of any course of action, which is something AI cannot do.
Although AI is a tool that can do many amazing things, one thing it will not be able to do is be the trusted discussion group leader in legal scenarios. That is because the law is a language that must be applied and translated to a specific set of circumstances. If you change the circumstances, then the language must be applied differently. Ultimately, there is a human touch to“ the law” that AI cannot replicate. And I disagree with the pundits who claim AI will remove lawyers from the legal system for one simple reason –
the law is a language made by and for people, and people do quirky things to solve disputes.
Don’ t believe me? We all“ know,” botanically, tomatoes are classified as a fruit because they contain seeds. Well, in 1893, to solve a dispute, the United States Supreme Court came to the opposite conclusion and ruled that“[ t ] omatoes are‘ vegetables, and not fruit,’ within the meaning of the Tariff Act of March 3, 1883, c. 121.” See Nix v. Hedden, 149 U. S. 304( 1893)( syllabus).
As strange as that conclusion may sound, if you read the opinion, it makes sense in the context of that case’ s particular facts and law, as presented by the lawyers who acted as their clients’ discussion group leaders. Even though more than 130 years have passed since that opinion, we need more actual lawyers who understand that the answer is often“ it depends,” and fewer AI lawyers who falsely believe they know all the answers.
So, the next time someone tells you they“ know the law” because AI gave them the answer or that AI will replace lawyers, explain to them how under the law, tomatoes can be both a fruit and vegetable.
Jonathan O’ Konek serves as an assistant United States attorney in Bismarck, North Dakota. The opinions contained within this article come from the author and do not necessarily reflect the opinions of the United States Attorney’ s Office for the District of North Dakota or the Department of Justice.
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