Articles
Lawyering While Distracted: The Hidden Influence of the Attention Economy

I read a lot of online content about meditation and mindfulness so that I can discuss these topics in my wellness articles and presentations. It seems harmless enough. But somewhere along the way, I discovered that these searches triggered a subtle form of algorithmic manipulation that has resulted in a disturbing number of unnecessary and unusual purchases. I’m talking about the kinds of things you never could have imagined needing and yet decided you can’t live without.
It started innocently. I searched for “benefits of mindfulness.” The algorithm gods took this to mean that I was in desperate need of advice and information about electromagnetic fields, chakra clearing, heat stimulation, and the benefits of meditation aids like weighted blankets and seat cushions.
I soon became the proud owner of a grounding mat, which claimed to neutralize electromagnetic fields and restore the body’s natural energy frequency. I then had this strange sense of knowing that my grounding mat needed to be accompanied by an essential oils diffuser in order to make my meditation space feel sacred. Before I knew it, the Amazon driver delivered a heated meditation bag. This would give me the benefit of cleansing the toxins from my body while clearing my mind. And what meditation space would be complete without a meditation cushion filled with lavender-infused buckwheat hulls. Nothing brings tranquility like buckwheat hulls.
At some point, I bought a mindfulness journal. The first prompt asked, “What are you holding onto?” The answer, it turned out, was several tracking numbers and a big credit card bill.
Somewhere along the way, I had fallen prey to something more than impulse shopping. I had become part of a system designed to quietly observe my behavior, predict my interests, and influence what I bought, what I clicked on, and what captured my attention. That system runs on algorithms, behavioral design tools, and data-driven nudges that shape our preferences over time. These tools don’t just influence consumer purchases. They increasingly influence what we see, what we believe, what feels urgent, and what fades into the background. Much of this influence happens quietly, behind the scenes, without us ever noticing it in real time. A system like this, which can so profoundly impact our attention, judgment, emotions, and choices, deserves our attention.
Tristan Harris, a former Google design ethicist and co-founder of the Center for Humane Technology, has been one of the most prominent critics of modern digital platforms. Harris contends that many of today’s technologies are not neutral tools. They are carefully engineered systems designed to capture and hold human attention for as long as possible.
Harris explains that the business model is simple. More attention equals more engagement, and more engagement equals more profit. To accomplish this, platforms rely on behavioral design techniques that exploit predictable human vulnerabilities like fear, outrage, social comparison, novelty, and the desire for validation. These systems don’t just respond to what we like. They shape what we notice, how we feel, and the choices and decisions we make. And that comes at a cost. Harris warns that, over time, these technologies can erode well-being, increase anxiety, amplify polarization, and quietly impair our ability to think clearly and reflectively.
In addition to the concerns raised by Harris, journalist and best-selling author Johann Hari identifies a related but distinct problem. In his book Stolen Focus, Hari explains how modern technologies, like smartphones, social media, and notification-driven platforms are engineered to constantly interrupt us, fracture our attention and make sustained focus increasingly difficult by pulling our minds into perpetual distraction.
Hari argues that constant notifications, rapid content switching, and endlessly refreshed feeds train the brain toward interruption rather than depth. Over time, this makes sustained focus harder to access, even when we want it. The result is not just an inability to sustain our focus for long periods, but a persistent sense of mental fatigue, irritability, and restlessness.
There is yet another layer to this dynamic that is especially relevant to lawyers. It is the way in which social media, news feeds, and other forms of technology feed our confirmation bias. Digital platforms are not only designed to capture our attention, but also to learn what we already believe and want and quietly feed us more of it. The more we click on content that aligns with our existing views about politics, culture, and law practice, the more the system refines our feed to reinforce those views. Over time, this creates an echo chamber that can lull us into a false sense of confidence about our beliefs or the way that we practice. We become less likely to consider alternative ways of thinking and begin to dismiss anything that does not fit neatly within our views.
The concerns raised by Harris and Hari, combined with the risks posed by tools that feed our confirmation bias, affect everyone but take on added significance in the legal profession. Lawyers depend on sustained attention, clear thinking, balanced analysis of strengths and weaknesses, emotional steadiness, and the ability to engage deeply with complex information. These capacities are not incidental to good lawyering. They are central to it. When everyday technologies influence our attention and emotional state in subtle ways and impair our ability to be objective, the effects can spill into both our personal lives and our professional work.
Consider how these influences may be shaping your thinking and judgment in practice:
- Reduced ability to sustain focus on complex or demanding tasks
- Increased anxiety and baseline irritability
- Polarization and impaired ability to honestly and objectively analyze the strengths and weaknesses of positions
- Greater reactivity to conflict or perceived threats
- Absorbing the tone of certainty or outrage common in online discourse
- Making decisions more quickly and with less reflection
Taken together, these effects can quietly erode the qualities that make lawyers effective counselors and advocates, including patience, objectivity, independent judgment, and the ability to slow down and think clearly in complex or emotionally charged situations.
Independent judgment is particularly important for lawyers. Rule 2.1 of the North Carolina Rules of Professional Conduct requires lawyers to exercise independent professional judgment. That obligation assumes a mind capable of sustained attention, careful reflection, and the ability to weigh moral, economic, social, and psychological considerations. When our attention is fragmented and our emotional baseline is continually nudged by engagement-driven systems, the quality of that judgment can suffer.
None of this is meant to sound alarmist or anti-technology. Digital platforms are an essential part of modern legal practice, supporting client communication, research, collaboration, professional development, and access to information. The goal is not to reject technology or retreat from modern life, but to become more intentional and self-aware about how these tools shape our attention, emotions, and thinking.
Here are a few practical ways lawyers can begin to reclaim some measure of agency.
1. Slow the Decision Environment
Modern technology rewards speed and certainty. Good judgment, on the other hand, thrives on pause. Build in deliberate friction before major decisions and notice when you are being rushed without necessity.
2. Pay Attention to Input
Lawyers are meticulous about the work they produce, but often far less thoughtful about what they consume. Notice what news, social media, and video feeds are doing to your mood, attention, and sense of perspective. If what you are consuming leaves you feeling angry, afraid, or anxious, replace it with something that feeds your values and improves your state of mind.
3. Step Outside the Feed
Some of the clearest thinking happens away from screens. Walking, reading, time in nature, or even boredom gives the brain space to reset and integrate information more thoughtfully. Our brains need rest beyond sleeping. When we allow our minds to wander during activities that don’t require high levels of cognitive attention, studies show that we improve our creativity.
4. Check Your Blind Spots and Watch for Confirmation Bias
Effective advocacy requires understanding the strongest arguments on the other side. Regularly ask yourself: If I were opposing counsel, where would I attack this case? What facts make me uncomfortable? What assumptions might I be making? Deliberately exposing weaknesses strengthens strategy and guards against confirmation bias.
5. Protect Time for Deep Legal Thinking
Sustained, uninterrupted focus is essential for careful legal analysis and sound client advice. Microsoft’s annual Work Trend Index found that, during a typical 9-to-5 workday, employees are interrupted every two minutes by emails, notifications, phone calls, meetings, and a whole host of other distractions. To reduce these interruptions and allow time for sustained focus, you must be intentional. Put the phone away. Turn offnotifications. Close your door and let others know not to interrupt you except for emergencies.
The uncomfortable truth is that no one is fully immune to the influence of sophisticated, engagement-driven technologies, not even lawyers trained to be objective and analytical. These platforms are not inherently evil, but they are not neutral. They are designed to shape attention and behavior in ways that serve their interests, not ours.
Technology will continue to evolve, and engagement-driven platforms are unlikely to disappear. But we are not powerless in this environment. Small, intentional choices about how we use technology, what we consume, when we disconnect, and how we protect deep thinking can make a meaningful difference. In a profession built on careful analysis and independent judgment, reclaiming control over our attention may be one of the most practical steps we can take to safeguard both our effectiveness and our integrity.