318: AI is a consensus machine (and here's why that's good for some lawyers)
Nov 26, 2025
Explore the transformative impact of AI on the legal profession. Discover how surface-level tasks are at risk of automation, while innovative lawyers who prioritize strategic thinking and deeper insights will thrive. Learn about a judge's unique criteria for practical decision-making and why understanding complex legal scenarios is essential. Embrace AI as a tool for enhancing judgment rather than as a replacement. The future is bright for lawyers who adapt and evolve in this rapidly changing landscape.
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insights INSIGHT
AI As A Consensus Machine
AI excels at finding consensus and exposing common patterns in written data.
That strength makes it poor at exercising judgment about unique, real-world trade-offs.
question_answer ANECDOTE
Clerkship Lesson About Real-World Judgment
Ernie recounts a clerkship memo where he recommended excluding a witness but the judge refused.
The judge prioritized trial time savings and reversal risk over the straightforward legal rule.
insights INSIGHT
The Blind Spot Of Pattern-Based Analysis
Many legal decisions hinge on lived-experience judgment, not just case citations.
AI would likely replicate the same legal analysis and miss practical considerations.
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In this episode, Ernie discusses the impact of AI on the legal profession, emphasizing that while AI may replace surface-level tasks, the best lawyers will thrive by focusing on deeper, strategic thinking and understanding complex legal outcomes.
Takeaways
The best lawyers won't just survive this wave of AI. They're gonna dominate.
If your work is mostly surface level, AI is gonna replace you.
To remain indispensable, focus on outcomes and hidden risks.
Understanding the chessboard of legal scenarios is crucial.
Lawyers must evolve their skills to adapt to AI advancements.
AI should be seen as a tool, not a replacement.
Strategic thinking is key in the legal profession.
The future of law requires innovation and adaptation.
Surface-level tasks can be automated, but deeper insights cannot.
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The 80/20 Principle