Bench & Bar September/October 2026

MacSparky Labs. While much of his con tent is not legal related, Sparks often weaves his experiences as a long-time practicing business lawyer into his content. Sparks is no Luddite. But when it’s time to come up with ideas and tasks to be done, what does he do? He rolls up his sleeves and uses a good old number two pencil. Says Sparks in a recent article entitled In Praise Of Pencils, “I very much have an analog side. Sometimes I find slowing down and writing things down helps me process thoughts a little better.” As he has also noted, “Digital storage is great but there are moments when a pen (or pencil) and paper are simply the right tools for the job.” PRACTICING WHAT YOU PREACH After reading Sax’ book, I honor one day a week as a screenless day or at least try to. Most Sundays, I minimize my time on screens and use analog tools. I write my goals and objectives for the day and the week with an actual pen in an actual note book. During the week, I will often draft up an article outline on paper. I use notecards and, on occasion, a physical whiteboard. I have found the entire process refreshing. It focuses my thinking on what needs to

be done and the priority. When I outline an article and then actually draft it later in the week, I find the actual preparation goes faster. I relish slowing down and thinking about what I am doing. But with the advent of GenAI, even I strug gle to maintain this practice. I have found myself spending less and less of my screen less days, well, screenless. It’s simply too tempting and so easy to just ask ChatGPT for any information. It’s fast, I tell myself, to just enter my “to dos” on my phone rather than writing them out. It’s faster to ask ChatGPT or Claude to outline something than doing it myself. But when I look back, I frequently find my work product to not be as good. My to dos for the week aren’t always prioritized correctly, they are just thrown together wil ly-nilly. The book I tried to read sits unread while I use digital summaries instead. At the end of my partially aborted screen less day, I’m not as refreshed. I’m not as focused. My week is not as well organized, and my goals are not clear. A BROADER PERSPECTIVE It would be easy to dismiss Sax, Moon, Sparks and even me as old fashioned cur mudgeons who are living in a glorified past. But I don’t think so. You can ask any of us

about technology and we can tell you more than most anyone. But if you dismiss what we’re saying and our warnings about technology, you miss an important point. Using tech has become so easy and with GenAI, so seductive, that we aren’t thinking critically. I and others have written about the dangers of GenAI to young lawyers and students since it offers answers without context and without the background to separate the wheat from the chaff. It replaces our logic formed by looking at issues and thinking, with what is superficial. It’s becoming a Cliff notes version of life. None of us are saying ditch your screens and don’t use technology. I think we are all saying don’t let it be the be all and end all. Take time to use analog tools. Take time to think. I know I’m going to double down on the analog on my screenless day. I encour age you to do the same. All too often we choose technology as an easy way and miss what’s really important. And to paraphrase John Lennon, life is what happens when you’re busy looking at your phone. Don’t let it happen.

ABOUT THE AUTHOR

STEPHEN EMBRY is a frequent speaker, blogger and writer. He is publisher of TechLaw Crossroads, a blog devoted

to the examination of the tension between technology, the law and the practice of law. He is also co-author of a book entitled, “Mass Tort Claims Resolution Facilities,” and the 2017 and 2016 editions of the American Bar Association’s “TechReports.” Formerly a member of Frost Brown Todd LLC and the firm's class action, privacy and mass tort groups, he is a national litigator and advisor who is experienced in devel oping solutions to complex litigation and corporate problems. He now practices with his own firm, embryLaw LLC, and serves as co-chair of the Kentucky Bar Association’s Law Practice Committee.

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