Can I use a motion as a writing sample if I wasn't the attorney who signed it? Forum

[Anonymous User]

I'm an attorney with a few years of experience. I am applying for jobs and need a writing sample. At my recent firm most, if not all, of the motions and other docs I wrote were filed with the partner's e-signature. So even though I wrote several of the motions, they aren't signed by me. Can I use them as a writing sample? I would attach a cover page stating that I was the one who wrote the motion. I cannot put the partner down as a reference in case that would make a difference.

The alternative is a motion from 3 years ago at a previous firm. It's a good writing sample, really my only concern with using it is that it looks odd to have a writing sample from 3 years ago. I even sometimes see job postings that specify they want a "recent" writing sample.

[jarofsoup]

Yes.

[PeanutsNJam]

It's best to use a draft that you wrote entirely by yourself, since the final filed version has probably been substantively edited, cite checked, and proofread by numerous attorneys. I know most reviewers would heavily discount a writing sample if they found out it was edited by a professor or supervising attorney (and at worst treat it as a sign of dishonesty), so that's a risk you'll have to take.

[Anonymous User]

I think that should be fine as long as you explain, including how much of it is your work. If you can, as Peanuts said, you should use a draft that reflects only your work and not the final version that has been edited by others, unless they are substantially similar.

I don't know if it's the same, but as a former clerk, I used orders that I wrote, but were signed by my judge as a writing sample. My judge told me to say it was "lightly edited" by him (which was accurate because he only changed like 4 very minor things).

[Anonymous User]

I don't know if it's the same, but as a former clerk, I used orders that I wrote, but were signed by my judge as a writing sample. My judge told me to say it was "lightly edited" by him (which was accurate because he only changed like 4 very minor things).

As a counterpoint, my judge received applications from some clerks seeking a 2nd clerkship who did this, and he thought it was wildly improper. It was an automatic ding in his chambers if you did this, and on at least one occasion he called the judge whose name appeared on the order to make sure that judge knew the clerk was presenting the order as the clerk's work.

[Anonymous User]

I don't know if it's the same, but as a former clerk, I used orders that I wrote, but were signed by my judge as a writing sample. My judge told me to say it was "lightly edited" by him (which was accurate because he only changed like 4 very minor things).

As a counterpoint, my judge received applications from some clerks seeking a 2nd clerkship who did this, and he thought it was wildly improper. It was an automatic ding in his chambers if you did this, and on at least one occasion he called the judge whose name appeared on the order to make sure that judge knew the clerk was presenting the order as the clerk's work.

As a law clerk myself, if I were sending out writing samples I would send out two. First would be a writing sample I produced entirely myself as a 2L SA. Second would be an order or statement of reasons or opinion that I substantially wrote but that my judge edited before it left chambers. It would contain an express statement that it was edited by the judge. That way I provided my own sample (that is a few years old) and a current sample that is substantially, but not entirely, mine because it contains the judge's edits. I don't think clerks have any other choice because, at least in my chambers, nothing leaves without the judge's approvals (emails, clerk's notices, deficiency notices, orders, opinions).

[nixy]

Some judges just really really disapprove of anything that pierces the fiction that judges are writing all their own stuff, so submitting anything you wrote while clerking would run afoul of that.

I think this attitude is pretty much limited to judges, though? So you shouldn’t run into much of an issue for other jobs (unless the employer clerked for a judge who feel that way I guess?).

[AVBucks4239]

I think there's a distinction between law clerks and private sector jobs.

I never worked big law, but eventually, I started putting my name and bar number in the signature blocks. Nobody ever said anything, and it made my life a lot easier since I started getting hearing notices from the court.

Maybe check with another junior, but my point is to get your name on there somehow.