Yes, that's what's called "pseudo-randomness." That is, there are certain criteria, a combination of which determines the "randomness" in the appearance of morale or spells, which have a probabilistic nature. But they vary from battle to battle and cannot be considered a law. After all, there is a law that determines the trajectory of a body thrown at an angle to the horizon... And now, using it, try to throw a basketball into the hoop several times in a row from different points on the court... :) The law exists, but its operation depends on many factors that cannot be taken into account. That's why we say - random.
This applies to life, mine and yours, but not to the heroes at all!!! Heroes of Might and Magic is a strategy based on logic and patterns. It's interesting how you express yourself: "pseudo-randomness" - in principle, it's close to the truth, but I would say "anti-randomness" - you can calculate anything, but it will require effort ;). Every single battle can be arranged the way you want - change the "fate of this law of probability"...
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So it's either not legitimate or it violates the established rules of the game. A revolver is also a high probability of beating the casino, but that's not what we're talking about... :)
Okay, let's stop talking about this - it's just chatter.
P.S. it's absolutely legitimate