A year out applying for clerkship - chances & writing sample help Forum

[Anonymous User]

I was top 25-30% at a T14 and a year in at a V5 firm in LA. I think I can get some fairly strong LORs.

I know the district courts in SoCal (LA, SD, etc.) are extremely competitive, but do I even have a decent chance of landing an interview? Would I have a better chance with state court?

Also, I'm really not sure what to use as a writing sample. I don't want to use anything I did for work as I don't want to tip the firm off. Apparently the writing sample from LRW is not good to use. Since my journal didn't require a note and I never did moot court, all that's left is a few seminar papers I wrote. I read on TLS that it's not a good idea to submit academic writing for clerkship applications. So what should I do? Should I use one of the papers or risk my job and ask permission from the firm about the writing sample? My school also suggested that I could create a whole new one, although that will take some time.

Any thought is greatly appreciated!

[Anonymous User]

You go to a V5 firm and they won't let you go clerk?

Edit: sorry for accidentally positing anonymously --- SN: "Homelandsagreatshow"

Wow my sn is outdated now hahahahah

[Hutz_and_Goodman]

I hadn't heard not to use academic writing. I used a law review article I wrote.

[legalmindedfellow]

Yeah, wait, what's the problem with a V5 knowing you're interested in clerking?

The major reason to avoid academic writing is if it's overly long or not something that a reader can look at and immediately understand the context of. If there's a coherent segment on a single issue that's about the right length of a writing sample, go for it - and seminar papers might fit that nicely.

Also, more importantly: get moving on the LORs. You need to get actual commitments from profs.

Good luck

[jbagelboy]

I agree with the other posters here that your attitude towards clerkships with regard to your firm is a strong misconception and will hurt you. Most V5 litigation groups have a strong clerkship culture. You should consider your firm an asset, not a hindrance; talk to partners that have clerked about your interest and they might have advise or even networking opportunities for you with local judges. They have every incentive to help their young associates get federal clerkships in their circuit (the more senior you are, the less true this is). Of course you want their blessing and confidentiality clearance before using a firm work product as a writing sample, but you should absolutely consider those motions/briefs on the table as an alumni hire. It would be quite bizarre, actually, if you were a second year lit associate submitting your 1L legal writing memo or some 2L seminar paper as your primary sample.

[Anonymous User]

Take this for what it's worth, but I've had CSOs tell me that in circumstances where you need to keep your employer in the dark it's fine to use a writing sample you've put togther from a firm memo as long as you make significant changes to the identifying info and the sample doesn't incorporate others' input and edits.

But sounds like keeping your firm in the dark may not be such a great move.

You will likely get some interest with those grades + firm, not sure in those districts tho.

[Anonymous User]

I clerk for a DJ in CA and know a number of clerks at every CA d. ct. As every single clerkship thread on this site will say: Yes, you probably have a shot with your grades and experience, but clerkship apps are a crapshoot.

The substance of a writing sample doesn't matter too much. What matters is that it's well written, as perfect as can be, and almost exclusively your own work product. I say "almost exclusively" because judges understand that it's often hard to have a writing sample that is 100% your own work. To be on the safe side, if it's not 100% your own work, I'd put a disclaimer (e.g., "[Partner] only provided minor, non-substantive feedback on this excerpt" or something--assuming that's true). Although my judge strongly prefers litigation work product (whether moot or real), academic papers are perfectly acceptable, though tbh we skim them a lot and I've yet to see one that I found particularly noteworthy.