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I've seen quite a few threads on here discussing writing samples but I couldn't find anything addressing my somewhat unique situation. I'm going to be starting a clerkship after about a year and a half of working in biglaw. After the clerkship, I plan to apply to other firms for litigation. I know it's really early to start thinking about this because my clerkship doesn't even start until later this fall, but I'm wondering what I would use as a writing sample given that I'm not someone who went straight from law school to clerkship? I don't know if I'll be able to use anything I write for my judge based on the advice I've seen on here.

And right now, I don't have a lot of substantive written work product from my firm either given how junior I am. Hopefully that changes before I leave, but who knows. I have some internal legal research memos that don't have client-identifying information on them (they're mostly just laying out an overview of the relevant law). Would I be able to use those if I'm keeping it on the DL from my firm that I might not come back and am looking elsewhere? I also have a case comment I wrote for law review during 3L, a mock judicial opinion I wrote during 3L, and a portion of a publication I wrote for my firm that just summarizes recent developments in the law/big name cases. Would any of these work, and if so, which one would be best to use - the 3L sample, the internal memo without client info on it, or the publication?

OP here and one other question I have is whether it's standard to put willingness to negotiate class year in a cover letter or if that comes off as desperate? I'm open to negotiating the class year I'd come in at, at another firm, but I'm not sure if it's standard to convey that up front or to wait until someone gives you an offer.

I wouldn't suggest using an internal research memo, not on account of confidentiality issues, but because research memos aren't generally persuasive and don't convey your paper advocacy skills well, even if they show you're smart and a decent writer. The same goes for using a case comment or legal note. It's difficult for someone in your position to put together a good writing sample due to lack of opportunity, so always be on the lookout for assignments, even drafting a portion of a brief, that you might be able to use later on and try to kill those. I know that doesn't help you now, but in the event you want to lateral or work in government at some point down the road. For your purposes, however, i would without a doubt use whatever you think is the best written product you produce during your clerkship. I know some people here may disagree, but i used a draft opinion that i authored while clerking as a writing sample, since i didn't have anything else (worked 1 year in biglaw prior to clerking), and it worked out well for me. Just be sure to talk to your judge, and get his or her approval, before you submit anything drafted in chambers.

I know one of the judges I worked with made a point of trying to get their term clerk a meaty case early in the term that would get them a good writing sample, and they had a whole process for working up a draft with the clerk so the clerk could get a draft they could use as an unedited writing sample, before moving to the final version that went out in the judge's name. I don't think every judge is as purposeful about this, but you could ask your judge early in your term if they would be willing to work with you to help you develop something you could use as a writing sample.

I also had a judge who flat out let me use an order I wrote, since it was on the public docket, so that can happen, too.

Obviously it makes sense to try to work up something before you start clerking in case your judge doesn't go for either of these things, but FWIW. (Can you ask a previous clerk whether the judge let you use something from your clerkship as a writing sample?)