Embracing Ambiguity: Navigating Legal Uncertainty in the Age of AI

Of late, the intersection of AI technology and legal sphere has been neglected, especially when it comes to understanding the role of AI chatbots in aiding journalists, lawyers and other professionals. It’s been observed that a growing dependency on the ‘magic’ of programs like ChatGPT are leading to a realization within these communities, that AI, while helpful, is not infallible. In particular, within the sphere of law, users have begun to question the reliability of AI. In fact, mistakes and misunderstandings have begun to emerge in legal applications of the technology.

The question on many minds is how long it will be before ‘reliance claims’ regarding failures of AI will hit the litigious markets. A report from Stanford University points out that AI errors, or ‘legal hallucinations’, become more likely the more complex the inquiry. As the use of these tools becomes more widespread, it seems that their tendency to encounter errors is scaled up proportionately.

This brings us to the concept of ambiguity. In spite of increasingly sophisticated technology, clients still desire definitive answers – answers which, due to the nature of the law and the AI that aims to interpret it, are not always possible. Legal professionals, too, must learn to navigate this uncertain landscape. There is constant uncertainty in law, even when surrounded by precedents, making every case a battlefield for interpretation and application of law. But arguably, this inherent uncertainty and ambiguity is actually beneficial for mental health, promoting resilience in the face of unpredictable circumstances. This embrace of the unpredictable therefore becomes a defining aspect of law practice.

So, no, despite the technological advancements the world of law has been seeing, one fact remains unchanged: lawyers and law practitioners must become comfortable with ambiguity. It’s not just about handling litigation or drafting documents, the concept of ambiguity permeates every aspect of the profession. Regardless of the challenges this might pose, it’s worth considering that it adds an extra layer of adaptability and resilience to the profession, that might just make the engagement with AI more interesting as we move further into the digital era.

Written by Jill Switzer, a veteran legal professional. You can reach her at oldladylawyer@gmail.com.