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So I had the privilege of writing an appellate brief this Summer, which I thought would be very nice to show prospective employers. Since it's public record and is fully accessible on the Court of Appeals website, is there anything wrong with linking the url on LinkedIn so that employers might see it when they visit my profile?

Thanks in advance for your guidance and wisdom.

Is your name on the brief? You don't want to claim credit for a publicly filled document submitted under someone else's name. Even if you wrote it and no one else edited it at all (which, if it did happen, seems like malpractice).

I would instead ask for permission from your employer to use a draft as a writing sample you can submit with job applications.

dixiecupdrinking wrote:Is your name on the brief? You don't want to claim credit for a publicly filled document submitted under someone else's name. Even if you wrote it and no one else edited it at all (which, if it did happen, seems like malpractice).

I would instead ask for permission from your employer to use a draft as a writing sample you can submit with job applications.

Not OP:
What is the protocol for this re a memo I wrote which became a judge's opinion, but which probably won't be available on WL for some time? Clerk said it's 100% fine to use my pre-judge-edits draft as a writing sample, but I don't want to get in hot water with potential employers over this.

Also I'm not sure about the propriety of using something ghostwritten for a judge, what with the judicial fiction that judges actually write their own opinions and all that. Not sure whether clerk is correct on this one. Guess I could ask judge directly, but it feels a little strange.

For the OP, I agree that if your name isn't on the brief, you shouldn't link to it in LinkedIn. But I think it's fine to use as a writing sample.

I have heard of judges who want to maintain the judicial fiction thing, but most of the judges I've worked for have had no problem with/expected me to use something that went out under their name as a writing sample. The one who did made it very clear that I couldn't use anything. I would imagine the clerk is correct, but it's also perfectly kosher to ask the judge about this directly.

Don't link writing samples on LinkedIn unless your name is on as the author.

For any writing sample that is work product/not academic, include a cover page describing context, what you have changed, and, if applicable, that you have permission to use it. You not only need to be concerned about what the judge/firm you were working for thinks, but also what the reader thinks. I have seen some writing samples that on their face are pretty inappropriate and without cover notes would count heavily against the candidate. Discretion is a huge part of the profession and you do not want to give the appearance that your writing sample violates confidence -- either with clients, or within chambers.

The writing sample is usually a pretty low bar -- especially for OCI. IMHO, it is better to use a less interesting/artificial piece from law school than something that could cause the employer to question your judgment.

Anonymous User wrote:

dixiecupdrinking wrote:Is your name on the brief? You don't want to claim credit for a publicly filled document submitted under someone else's name. Even if you wrote it and no one else edited it at all (which, if it did happen, seems like malpractice).

I would instead ask for permission from your employer to use a draft as a writing sample you can submit with job applications.

Not OP:
What is the protocol for this re a memo I wrote which became a judge's opinion, but which probably won't be available on WL for some time? Clerk said it's 100% fine to use my pre-judge-edits draft as a writing sample, but I don't want to get in hot water with potential employers over this.

Also I'm not sure about the propriety of using something ghostwritten for a judge, what with the judicial fiction that judges actually write their own opinions and all that. Not sure whether clerk is correct on this one. Guess I could ask judge directly, but it feels a little strange.

Ask the judge. It's completely personal to the judge. Some judges have various reasons for not allowing you to use anything you do during your clerkship/internship. Others don't really care as long as you redact party names, judges, locations, and other things that would readily identify the case (at least before the opinion is released to the public).