Advice for Writing Sample Forum

[pie4ever]

Hi all,

I graduated recently and am now working on clerkship applications for federal district courts and some appellate state courts. I wrote a fair amount as a law student, but nothing that particularly stands out as a great writing sample. My choice is between (1) an article that is getting published, but it's on a theoretical topic and there isn't much legal analysis, or (2) a brief I wrote for a clinic, but the downside is that the original brief was nearly 50 pages long and editing it down to 15 pages, as most judges seem to prefer, is proving to be a challenge. If I pick the latter, would it be okay to include a summary of the argument in the cover page? I'd seriously appreciate any thoughts! Driving myself crazy over here.

[mjb447]

I'd choose a brief over something theoretical, as it's a little closer to what you'll be doing in chambers. It also sounds like the brief contains more legal analysis.

Don't submit something that's 50 pages long, though. It won't get read and it'll seem like you're not good at editing to be concise. As you said, most judges prefer 15 pages or even shorter; don't take yourself out of contention early by doing something different. Cut the length and you won't have to bother with the summary.

[clerk1251]

Hi all,

I graduated recently and am now working on clerkship applications for federal district courts and some appellate state courts. I wrote a fair amount as a law student, but nothing that particularly stands out as a great writing sample. My choice is between (1) an article that is getting published, but it's on a theoretical topic and there isn't much legal analysis, or (2) a brief I wrote for a clinic, but the downside is that the original brief was nearly 50 pages long and editing it down to 15 pages, as most judges seem to prefer, is proving to be a challenge. If I pick the latter, would it be okay to include a summary of the argument in the cover page? I'd seriously appreciate any thoughts! Driving myself crazy over here.

If I were you, I'd create two writing samples. I'd use the article as your primary one. Include the introduction section, one or two of your main arguments, and the conclusion. Try to keep it to about 10 pages. Then include a cover page, explaining that this is an excerpt from your authored note that is currently being published. Include any details necessary about it, in a few sentences, and state that you are happy to provide the full article upon request. The benefit here, is extra emphasis on the fact that you are going to be published.

I would then queue up your brief as a second writing sample. Some judges allow, and some even request, two writing samples. Further, some specifically request that it is not academic writing. This will be your go to, for situations like that. If you can submit two, you should include this as well. Trim it down to about 10 pages. Make sure that it still flows and prepare a cover page here also.

I'd recommend if you need help on the timing, or identifying your best arguments for either writing sample, that you reach out to your schools clerkship office.

[Fireworks2016]

For Fed. Dist. Ct.:

If they request only one sample, pick the brief every time. Edit it down to a a few issues and cut out template-type sections like the standard of review that everyone makes the same.

You can still work in that your Note is getting published in your resume or elsewhere. Submit it as the second writing sample if they want two.

Ct. App.:
Maybe go with the Note as WS #1. Appellate judges seem to care more about academic writing (which makes sense).

[pie4ever]

Thank you all for sharing your thoughts with me! Very helpful.

[clerk1251]

For Fed. Dist. Ct.:

If they request only one sample, pick the brief every time. Edit it down to a a few issues and cut out template-type sections like the standard of review that everyone makes the same.

You can still work in that your Note is getting published in your resume or elsewhere. Submit it as the second writing sample if they want two.

Ct. App.:
Maybe go with the Note as WS #1. Appellate judges seem to care more about academic writing (which makes sense).

I disagree with this. I think there is something to be said for presenting your strongest piece of writing. I am currently in my second clerkship, and at a fed. dist. court. Speaking as someone who would be specifically looking at your materials, pick your best writing, and keep it to under 10 pages (regardless of if they allow more).

[mjb447]

As idiosyncratic as the clerkship hiring process is, I think judges vary especially wildly in what kind of writing they hope the writing sample will be. As I said above, I'd almost always pick the brief (particularly if the article didn't contain much 'legal analysis') because a brief often comes closer to showcasing the precise type of writing that will be useful during the clerkship, but submitting either would be reasonable. Ideally, if the judge had a particularly strong preference one way or the other, he'd put it on OSCAR (some do).

Sounds like there is consensus, though, that whatever OP picks should be edited down. I agree with clerk1251 that ideally OP should cut to 10 pages if possible.

[Anonymous User]

Same question as above, but wondering if 5 pages is too short for a district clerkship writing sample?

I have a 5 page memo on a current circuit split which earned the highest grade in a class (not LRW). I retooled it a bit and I think it's a great piece of compact legal analysis. I also completed a 35 page note last semester which is probably of average quality and will almost certainly need reworking after I get it back from my supervising professor. Would it be okay to submit the 5 pager but put in the cover letter that I would be happy to submit a longer work on request?

[mjb447]

I'm probably an outlier, but I think it would be alright to use the short sample if it's as good and as dense with analysis as you suggest. My biggest hesitation in using a short sample is that it often doesn't give you much of an opportunity to show off your writing and analytical skills.

[BVest]

Same question as above, but wondering if 5 pages is too short for a district clerkship writing sample?

I have a 5 page memo on a current circuit split which earned the highest grade in a class (not LRW). I retooled it a bit and I think it's a great piece of compact legal analysis. I also completed a 35 page note last semester which is probably of average quality and will almost certainly need reworking after I get it back from my supervising professor. Would it be okay to submit the 5 pager but put in the cover letter that I would be happy to submit a longer work on request?

Single or double spaced? If single, not a problem at all. If double, it might be a little short, unless it gets right into the analysis.

[Anonymous User]

It's double, but it's straight analysis. I decided to add a portion that was supposed to be assumed as part of the assignment prompt and that gave me two more pages. Going to go ahead with it and hope it's enough, as I really don't feel like polishing the note-length piece. Thanks for your advice!

[Anonymous User]

DJ clerk here.

Our chambers really does not like academic writing samples. In fact, if someone submits one, but we might want to interview them, we ask for a non-academic piece.

But go with what you think is the best written. If it turns out to be a paper, so be it, but prepared to have a second one, which I suggest should be a brief.