When Not to Publish: Writing About Law While a Case Is Still Alive

Lawyers write for many reasons: to explain doctrine, to clarify practice, to test ideas, and sometimes simply to think. Writing is often how legal understanding takes shape.

But there are moments when the right professional judgment is not how to publish — it is whether to publish at all.

This post explains why some legal analysis, even when accurate and carefully anonymized, is better left unpublished until a matter is fully resolved.

Accuracy Is Necessary, But Not Always Sufficient

Legal culture rightly prizes accuracy. We are trained to ask whether a proposition is doctrinally correct, supported by authority, and fairly stated.

Those questions are necessary. They are not always sufficient.