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Podcast

AI's Role in eDiscovery and Information Governance ft. Matthew Krengel

46:46 min

What if legal professionals have been missing the key to responsible AI implementation this whole time? In this episode of Between the Briefs, hosts Adrian Cea and Joe Stephens welcome Matthew Krengel, eDiscovery Counsel and Director of Information Retention Counseling at Cooley LLP, to explore the real solution.

What You’ll Learn:

  • How to transition from viewing AI as a liability to recognizing it as a strategic asset
  • Why the "move fast and break things" ethos conflicts with legal practice, and how to implement a phased approach to AI governance 
  • The critical importance of client consent frameworks for AI usage
  • How to protect confidentiality and trade secrets in an AI-enabled workplace 
  • The psychological barriers to effective AI implementation, including automation bias and confirmation bias
  • Why information governance and records management professionals have become more critical than ever

 

We're at an unprecedented inflection point in law and technology and this conversation reveals how to position yourself at its forefront.

Quotes:

  1. "I like to gravitate towards the new and unformed. I like to be on sort of the frontier of, you know, the development of law."
  2. "How do I enable the responsible use of information? How do I make sure that companies are using it responsibly so that they can then use it in a manner that both benefits themselves and also the people that they serve."
  3. “Move fast and break things works because when they break things, you don't end up with sanctions, you end up with, “okay. We just need to rebuild this and fix it.” That doesn't really always work for the law."
  4. “Attorneys are known for their analytical rigor. If we're not doing that because we're now seeding it to AI, then how are we supposed to verify and vet the outputs with any degree of scrutiny if we're not exercising that."

Highlights:

00:00
Introduction & Meeting Matthew Krengel

01:57
From eDiscovery Pioneer to AI Governance Leader

07:10
What’s Changing in the Tech-Law Space Today

10:50
Machine Learning's Two-Decade Role in Legal Discovery

13:56
From Malpractice Fear to Mandatory AI Implementation

18:06
Discovery Sanctions and the Technology Adoption Cycle

21:57
Combating Automation Bias in Legal Practice

About the Contributors

Joe Stephens

Joe Stephens, J.D., is Steno's Director of Legal Solutions as well as a Clinical Lecturer at Texas Tech University School of Law. With over 15 years of experience in criminal defense and public service, he founded and led Texas' largest rural public defender office, which serves a 12-county area. A graduate of The University of Texas School of Law (cum laude) and Vanderbilt University (B.A.), Stephens currently serves as a Board Member of the Texas Criminal Defense Lawyer's Association (TCDLA) and sits on multiple State Bar of Texas committees. His expertise spans the intersection of legal practice and technological innovation in the justice system.

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Adrian Cea

Adrian Cea is Steno's Social Media Manager, leading content strategy, audience engagement, and digital brand-building across platforms. He also produces and co-hosts Between the Briefs, Steno's podcast covering the intersection of legal technology, court reporting, and the future of litigation. With a background spanning content creation, field marketing, and sales at companies like Sell Better and Chili Piper, Adrian brings a multi-disciplined lens to making complex legal tech topics accessible and engaging.

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