Providing a writing sample??

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Providing a writing sample??

Postby Anonymous User » Sat Nov 26, 2016 11:57 am

Hi all.

Second year associate trying to lateral to another firm or to a government job. What is the deal with using a motion you drafted for your firm as a writing sample??? Do you need to ask before you use it? Do names/identifiers have to be redacted/changed before using? Should you even use something you wrote for your current firm?

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Avian

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Re: Providing a writing sample??

Postby Avian » Sat Nov 26, 2016 9:17 pm

You absolutely must ask permission and you will probably have to make redactions. Nothing wrong with using it if they let you.

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Yukos

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Re: Providing a writing sample??

Postby Yukos » Sat Nov 26, 2016 10:46 pm

Not in this position, but curious for the future: what if it's a publicly available brief (available on PACER or even more wildly available like ScotusBlog)? Otherwise isn't it impossible to get a sample if you don't want your employer to know you're thinking of jumping ship?

minnie7

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Re: Providing a writing sample??

Postby minnie7 » Sun Nov 27, 2016 1:28 am

The above was my thought exactly. Am i limited to a memo edited to include no identifiers?

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Re: Providing a writing sample??

Postby Anonymous User » Mon Nov 28, 2016 11:34 pm

So one can't use a motion that is publicly available as a writing sample?

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Re: Providing a writing sample??

Postby Anonymous User » Tue Nov 29, 2016 12:17 am

Avian wrote:You absolutely must ask permission and you will probably have to make redactions. Nothing wrong with using it if they let you.


I'm guessing you have never tried to lateral or go to the government. How does one go about asking permission without telegraphing that you're going to leave?

Just use a publicly filed brief and redact the party names.

1styearlateral

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Re: Providing a writing sample??

Postby 1styearlateral » Tue Nov 29, 2016 10:31 am

I've thought about this too, but if the memo/brief/motion is available on PACER, NYSCEF/eCourts, etc., I don't see why you can't submit said document as-is (and to that extent, ask your firm's permission to use as a writing sample). It's essentially public record.



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