In a recent episode of Between the Briefs, hosts Adrian Cea and Joe Stephens sat down with Matthew Krengel, eDiscovery Counsel and Director of Information Retention Counseling at Cooley LLP, to explore the overlooked key to responsible AI implementation in the legal field.
Krengel, who has spent two decades at the intersection of law and technology, argues that the legal profession has been using machine learning in discovery for years — and the leap to generative AI is inevitable. However, he warns that firms must move beyond fear of malpractice and toward mandatory, thoughtful AI adoption.
The discussion covers:
- From eDiscovery Pioneer to AI Governance Leader — Krengel's journey and why governance matters now more than ever.
- Machine Learning's Two-Decade Role in Legal Discovery — The foundation that already exists.
- The Inevitable Intersection of Law and Technology — Why resisting AI is not an option.
- From Malpractice Fear to Mandatory AI Implementation — Shifting the mindset from risk to requirement.
- Discovery Sanctions and the Technology Adoption Cycle — Lessons from past technology shifts.
- Combating Automation Bias in Legal Practice — The danger of over-relying on AI without oversight.
- Hafner Case: Confidentiality Breaches and Privilege Waiver — A real-world example of what can go wrong.
- Client Consent Frameworks and Engagement Letter Protocols — Practical steps to protect both firms and clients.
Krengel emphasizes that the solution isn't just better algorithms — it's better human judgment, updated ethical frameworks, and transparent client communication. As AI becomes embedded in legal workflows, the professionals who thrive will be those who lead with governance, not just technology.