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Job posting wants a writing sample for a niche area that most attorneys have likely never written about. In the past I have always used stuff I did in law school and then eventually moved on to motions that I drafted which were public record. Do you seriously just make up a legal issue and then analyze it? Seems odd to me, but maybe I have been uninformed this whole time.

A writing sample usually means just that--a sample. They likely just want to see how well you write, which should transcend practice areas. Making up something specifically for that practice area where attorneys aren't likely to have such samples may raise some red flags and look like you're trying to pass off work that is disingenuous.

But the job post says a writing sample involving issues in this niche area is REQUIRED. This is why I am at a loss, it feels disingenuous to me too.

Normally I just see "preferred" for niche areas.

I just don't see how you could make up a writing sample. A motion to dismiss premised on fake facts? Maybe they're looking for something more scholarly, like an article? It's hard to say without knowing more.

It's transactional so I just assumed I would make up a fake internal research memorandum with hypothetical facts that are currently being discussed in that particular industry.