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I'm starting to think about what writing sample I'm using for OCI, and actually earlier since some firms I'm mass mailing to require them, and I'm really lost. Before starting my judicial externship this summer I thought it would be so easy to get a writing sample from my job, and I really thought that was what employers preferred, but now I'm going through old threads and getting mixed messages.

Basically, the memos I've written are short (the longest 5 pages maybe) and they've been edited relatively heavy since my clerks are very stylistic. I understand you're supposed to use an unedited work, but I'm pretty sure that's impossible when you're working for a judge and you need to get through the clerks and him/her without edits.

So basically I'm torn between making a 10 page packet of 2-3 memos from this summer (couple of firms have requested 10 page samples) or using my LRW appellate brief. Both have downsides as the memos are edited and I can't find a 10 page one, and the brief is supposedly not preferable to an actual work-writing sample. What should I do (and is using 3 memos as a single writing sample even credited?).

In this situation, I'd go with the brief. It's the only way to get a sample that you can honestly say was written entirely by you, and that's more important (in my opinion) than having one you wrote "at work."

If you need an excuse for it (and you don't, people use their LRW stuff as writing samples all the time), just remember that some judges will not allow interns or clerks to use things written in chambers as a writing sample, because technically anything that is published was written by the judge and anything that wasn't published is confidential, in-chambers information.

Besides, I think sticking three samples into a single PDF when asked for "a" writing sample would be kind of odd.

That was what i was leaning towards. as far as which sample to use, I have a trial/appellate brief and a general memo. appellate brief is def more appropriate for litigation heavy firms, but for transactional/corporate, would the general memo (meaning non-persuasive) be better or is the brief better?