Editing a litigation writing sample post-filing? Forum

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stephencolbert

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Editing a litigation writing sample post-filing?

Post by stephencolbert » Wed Mar 16, 2016 11:16 pm

I'm applying for a lateral litigation associate position. The firm is requesting a writing sample. I plan to submit an appellate reply brief I wrote in the fall.

As I'm looking at the brief, I'd like to do some significant editing to it. I won't add any new authorities, I'd just like to restructure/reorder some things. If I make those edits and submit it, do I have to mention that I've edited it post-filing? Will the firm assume that I'm sending substantially the same version I filed if I don't say otherwise? Or do firms assume that everyone goes back and rewrites their writing samples before they submit them?

johndhi

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Re: Editing a litigation writing sample post-filing?

Post by johndhi » Thu Mar 17, 2016 1:38 pm

maybe you could introduce it as follows: "This sample was submitted in a public filing for a client last year. I have since revised it so it can stand alone as a writing sample and to avoid disclosing the client's identity."

generally it's understood that clients might not want their name sent around like that, and this way you can explain that you made a few edits to it in case that comes up.

NotMyRealName09

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Re: Editing a litigation writing sample post-filing?

Post by NotMyRealName09 » Thu Mar 17, 2016 2:43 pm

For me this idea is a tough call. A post-filing revision of a pleading begs the question of whether the thing you filed was good enough. Things you file should be perfect, and if they aren't then don't use them as a writing sample. I mean to me it will make me wonder "why wasn't this thing revised properly BEFORE it was filed?" I don't know, that's my perspective.

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Teoeo

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Re: Editing a litigation writing sample post-filing?

Post by Teoeo » Thu Mar 17, 2016 2:52 pm

I wouldn't think twice about it. I don't see the problem.

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