Bench & Bar September/October 2026

LAW PRACTICE MANAGEMENT

BY STEPHEN EMBRY USING ANALOG TOOLS: IS IT JUST FOR LUDDITES?

T he world of GenAI: get an answer to anything and everything within sec onds. No thinking required: just prompt and go. I’m all about technology and the wonders GenAI brings to our world. But at what cost? Once a week, on Sundays, I try to have a screenless day. A day where I try to min imize looking at screens and the digital world if you will. I got the idea from a book I read a few years ago entitled “The Revenge of Analog: Real Things and Why They Matter.” It was written by a Canadian writer David Sax. According to Wikipedia, Sax focuses on intersection of business, cul ture and trends and more specifically analog vs digital life. The whole idea is that by using analog tools, not digital tools, you get more time to think. Perhaps today, with all the issues about what GenAI may be doing to the development of younger lawyers’ critical skills, we need to revisit the notion. REVENGE OF ANALOG Sax argues that as technology improves there is still and even greater value in phys ical, analog experiences. Sax is no Luddite. He embraces technology just not completely. According to Sax from his book, “In many cases, an older analog tool or approach simply works better. Its inherent inefficiency grows coveted; its weakness becomes a renewed strength.” He also believes the natural constraints of analog can actually increase productivity.

Why? He puts it this way: The real world isn’t black or white. It is not even gray. Reality is multicolored, infinitely textured, and emotionally layered. It smells funky and tastes weird and revels in human imperfec tion. The best ideas emerge from that complexity, which remains beyond the capability of digital technology to fully appreciate. The real-world matters, now more than ever. And this was written before the advent of AI. ANALOG AND LEGAL PROFESSION The notion that we need to embrace the analog while still using and keeping tech nology in its place is not foreign to the leading thinkers in the legal profession. One of these foremost thinkers is Cat Moon. Moon is the co-director of the Program on Law and Innovation (PoLI) at the Vander bilt Law School. She is also a professor on the practice of law and technology, a lawyer, and founding co-director of the Vanderbilt AI Law Lab. According to her LinkedIn page, “I empower law students to enter the practice of law with the skills and charac teristics needed to thrive and lead change to make our profession better, and, most importantly, to #MakeLawBetter.” MOON IS CERTAINLY NO LUDDITE. I attended a tech presentation Moon gave at the ABA TechShow last year. In that

presentation, she actually passed out pen cils and paper to the participants and asked them to write out ideas. In doing so she mentioned the idea that physically writing things down helps you remember them better. I asked Moon about this later. She told me she uses analog worksheets all the time. It forces people to get off their screens and focus on what they are doing she says. It increases engagement of her students across the board. Moon cites research that “the unique, complex, spatial and tactile information associated with writing by hand on phys ical paper is likely what leads to improved memory.” “I’ve been using ‘canvases’ on paper for years and there is no doubt in my mind that folks engage more deeply when they’re all working around a physical piece of paper rather than a screen. I also use ‘fun’ writing instruments often, like crayons and colored pencils. Even using colorful post it notes and sharpies seems to increase engagement and creativity.” DAVID SPARKS AND MACSPARKY David Sparks is a long-time Apple and tech enthusiast. He describes himself on his website as a “nerd since birth.” He runs MacSparky as a resource to teach people how to be more productive with Apple tech nology. These resources include a blog, field guides, a podcast, a newsletter, a YouTube channel, and a community resource called

28 september/october 2026