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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?

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

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?

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

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

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.

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.