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

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. Tune in as they explore how legal teams can navigate AI's role in discovery and data governance, why verification protocols and human oversight remain non-negotiable and the critical strategies for implementing defensible AI practices without sacrificing compliance. We're at an unprecedented inflection point in law and technology and this conversation reveals how to position yourself at its forefront.

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.

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

26:19 Hafner Case: Confidentiality Breaches and Privilege Waiver

30:45 Client Consent Frameworks and Engagement Letter Protocols

35:28 Implementing Governance Without Perfection

38:25 Fear and Existential Doubt in an AI-Driven Practice

39:55 AI as Force Multiplier for Trial Team Excellence

42:44 Business Acumen: The JD-MBA Advantage in Legal Practice

45:42 Matthew’s Hot Take: We’re at an Inflection Point

48:00 Key Takeaways & Closing Thoughts

Quotes:

"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."

"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."

“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."

“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."