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Hi everyone, thanks in advance for your help. I'm a bit perplexed by my current situation.

I am a summer associate at a small midlaw firm. Recently, a junior partner asked me to prepare a 15-page response to a motion to dismiss in my off time. She made it clear that I am not to bill anyone for this work, including the firm. It's possible that I might use this as a writing sample, but I have a lot of other stuff to do.

Should I do this? If not, what is the appropriate response?

Thanks!

1l or 2l sa

It's conceivable the hiring committee wants a writing sample to get an idea of how you write. Have you done a lot of written work? If not then it might be, and you should make sure it's well written.

iwanttohelpyoudave wrote:Hi everyone, thanks in advance for your help. I'm a bit perplexed by my current situation.

I am a summer associate at a small midlaw firm. Recently, a junior partner asked me to prepare a 15-page response to a motion to dismiss in my off time. She made it clear that I am not to bill anyone for this work, including the firm. It's possible that I might use this as a writing sample, but I have a lot of other stuff to do.

Uhhhh.....what? This makes no sense to me. Did the junior partner sue someone on her own time (i.e., independent of the firm), and now wants you to help her out as a personal favor?

Anonymous User wrote:It's conceivable the hiring committee wants a writing sample to get an idea of how you write. Have you done a lot of written work? If not then it might be, and you should make sure it's well written.

If the firm wanted this, then it could ask the SA to draft the 15-page brief. But why would it ask the SA to do this during his or her "off-time"? And why wouldn't the firm just write off the time instead of specifically asking the SA not to record it. This "assignment" is bizarre.

is it a MtD a RICO case against someone with a sicilian name???

Same OP who raised writing sample possibility. All very valid. I'm of the just do it and don't over think it variety. Maybe the junior/sr will just take credit for it, but they'll owe you a solid if they do. More important is the risk of making it awkward with someone higher up in the food chain than OP is. However, it's fair to ask what it's for. Most assignments are prefaced with "Don't stay late".

Usually there's a code for unbillable summer associate work. Are you sure the partner didn't want you to bill it to that?

Did you ask WHY? Do you know who the client is and whether it's a firm client? Who represents the client on the public docket?

According to the partner, the writing assignment is for my own benefit so much so that I can't even use the generic bill to the firm code for this, or work on it during the daytime. This is a 2L paid summer associate position. It would be a great writing sample, I just don't know if I can spare the time with all the clerkship and other apps that I am already working on during my off time.

iwanttohelpyoudave wrote:According to the partner, the writing assignment is for my own benefit so much so that I can't even use the generic bill to the firm code for this, or work on it during the daytime. This is a 2L paid summer associate position. It would be a great writing sample, I just don't know if I can spare the time with all the clerkship and other apps that I am already working on during my off time.

I still find this baffling. So is your firm representing a client who needs the firm to draft and file an opposition to the other side's motion to dismiss? Or is this just a fictional assignment--like a LRW exercise--that the partner created so that she could help you produce a writing sample?

rpupkin wrote:

iwanttohelpyoudave wrote:According to the partner, the writing assignment is for my own benefit so much so that I can't even use the generic bill to the firm code for this, or work on it during the daytime. This is a 2L paid summer associate position. It would be a great writing sample, I just don't know if I can spare the time with all the clerkship and other apps that I am already working on during my off time.

I still find this baffling. So is your firm representing a client who needs the firm to draft and file an opposition to the other side's motion to dismiss? Or is this just a fictional assignment--like a LRW exercise--that the partner created so that she could help you produce a writing sample?

OP, this is really strange. There's no reason why you should be asked to do something on your "off" time where you can't "bill" it to a non-billable code. Is there an associate you trust you could consult about this?