G. T. L. Rev. wrote:[re: writing samples] I do not think any particular format is preferred. The keys are qualify legal analysis, solid organization, and careful attention to detail (no errors). Some judges also want to be sure that the piece has not been edited by others, and I would add that the piece should not be too long (~50 pages is probably the limit, IMO).
I have an (20 page) appellate brief from Legal Writing class that I'm very proud of -- I went out of my way to pull out all the stops on the draft version (we also submit a "final" version responsive to professor comments) -- included Cover, Tables of Contents and Authorities even though they aren't required at the draft stage. I think it shows thorough research of the issues (Title VII) as well as some novel arguments (identified in advance to the professor as subsidiary). I also relentlessly bluebooked it.
Here's the problem (if it is a problem). It was a "joint" project. I'm sure this comes up a lot, but couldn't find any references to it. My partner is a solid student, pretty comfortably above median, but a little out of the top 25%. I'm sure she would have produced some very good writing had she really had to do (she had the second best grades in my LRW class prior to the brief). But as it turned out, I wrote nearly all of it. After I did a lot of research and placed the cases relevant to her portion in folders on Westlaw, she sent wrote and then sent me drafts sections I, II and part of III, which I edited extremely heavily and bluebooked myself. Statements of Jx/Case/Facts, Standard of Review, Summary of Argument, most of III and then all of IV-VII and the conclusion and appendices were all mine, as was all the formatting. And again, the sections she wrote were largely rewritten by me.
I don't want to minimize her effort and contribution -- as I said before, I'm sure she would have done a very good job if I hadn't done all this. I think we still would have gotten the best grade in the class had I done far less work (but I had an eye on writing sample at the time, so I wasn't simply shooting for an A). I asked her to cite check the document (not for blue book compliance, but for accuracy of pincites and quotations), which she did and located several small errors (misplaced quotes, failure to note that i omitted original quotation marks). She also corrected a few typos and helped with a few stylistic choices (and convinced me me abandon some language that probably went a little too far past "persuasive"). I don't think I could have chosen a better partner.
Nevertheless, does the division of labor question come up in interviews? Should it be addressed in an explanatory cover sheet to the actual sample? Does this happen a lot (presumably the very best students carry a disproportionate load on team assignments and then are the ones that go on to apply for clerkships)? How deferential should I be to her contributions if I do mention it in a cover sheet or interview? Should I made clear that this was a draft completely unseen by the professor --- or is a final submitted version with small alterations also acceptable because that was also submitted for a grade?
Finally, would it be better to just submit a note? -- I'm proud of it as well, but it's more specialized and doesn't show off the exact skills that seem relevant for appellate clerking. Perhaps for a Law and Economics sort of judge, but I am sort of hoping that because that it is on my resume, if he's really that intrigued by the topic (which he won't be I'm sure, voluntarily seeking to reading a second piece for one applicant seems unlikely given the volume of applications) he could just go online and read it?
Thanks for the advice (here and in the thread as a whole)!
