Most Lawyers Are Ignoring AI’s Biggest Risk: Insights from Steve Embry

AI has taken over legal in a way lawyers didn’t expect. But what if lawyers and AI could evolve alongside each other? In this episode of Between the Briefs by Steno, hosts Joe Stephens and Adrian Cea sit down with Steve Embry of embryLaw LLC, national litigator and renowned legal tech writer, to explore the collision between artificial intelligence and traditional legal practice. Drawing from decades of litigation experience and bar leadership, Steve cuts through the hype surrounding generative AI adoption to examine what these tools actually mean for law firms, litigation workflows and the future of legal work itself. AI isn’t all it’s cut out to be - this episode reveals what it is.

What You’ll Learn:

The Verification Paradox: How the time saved using generative AI tools may be offset or entirely negated by the time required to verify outputs
Why senior lawyers must understand AI regardless of personal preference

How to train the next-generation of litigators without over-reliance on AI

The billing model crisis generative AI creates and what’s going to replace it

Why market differentiation matters when it comes to AI implications

Why the real risk isn’t technology failure; it’s creative stagnation

AI isn’t all it’s cut out to be - this episode reveals what it is.

Highlights:

00:00 Intro

02:00 Steve’s Journey: From Mass Tort Defense to Legal Tech Commentary

04:27 How to Find Your Unique Voice in Legal Technology Writing

07:34 Above the Law: Staying Focused Amid Legal Tech Overload

10:38 Steve’s Analysis of Legal AI Today

17:43 Why AI Efficiency Gains Get Consumed by Validation

25:04 Strategic Mentorship Over Tool Reliance & Training the Next Generation

31:15 Writing as the Foundation of Excellent Legal Practice

35:56 What We Lose When AI Eliminates the Struggle of Creative Work

39:29 Steve’s Hot Take: The Dangerous Conflation of AI and Generative AI in Legal Practice

42:22 Key Takeaways & Closing Thoughts

Quotes:

“I would get calls from time to time about cases in the jurisdiction where I practiced and about particular judges. I would say, 'I don't have a clue. I haven't had a case here in 20 years.’ So here I was, working remotely and, in a sense, completely disconnected from the local court environment. I was operating in a much more expansive, national context, which led me to understand the value and potential of technology.”
“I know how law firms work. I know law firm bureaucracy. I know how consensus decisions are not made in law firms. I know the tensions. I know how lawyers and litigators sweat in the middle of the night. All of those things, I think, impact the use and value of technology in very fundamental sorts of ways.”
"When I first started, I was trying to write about everything legal tech. There was just so much happening, and it was exciting. But it quickly became overwhelming. It felt like I was drinking from the proverbial fire hose, trying to keep up with every new product, every new development in the space.”
“I think the hottest take on the industry right now is sort of the rush to embrace generative AI tools. The glossing over of real issues, the failure to sort of understand the distinction between artificial intelligence generally and generative AI specifically, the notion that all AI is generative AI, so only generative AI solutions will work for what the book we need to have done.”

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