WRITING SAMPLES
REMEMBER: Many legal employers prefer “real world” writing samples, such as your work
product from a law firm, government agency, or legal non-profit. Keep copies of your work
from all of your jobs, even if you believe that you already have a sufficient writing sample.
PRACTICAL WORK PRODUCT
If you plan to use a sample you wrote while working for a legal employer, including judges, be
sure to obtain permission from the responsible attorney or judge.
Make sure the writing is not a result of substantial editing and revision by a
supervising attorney.
Make sure you redact any confidential or sensitive information.
1. SUBSTANTIALLY YOUR OWN
Only a supervising attorney signs legal documents filed with a court in a litigation matter.
However, if the document is substantially your work product, it is appropriate to use as a
writing sample. But you must have the permission of the signing attorney and an
explanatory note on the front page of the sample, such as, “Attached is an example of my
work product. This brief was based upon a draft I wrote that was submitted to Attorney
Smith and filed with the court with only minor revisions. I am including it with his
permission.” If only certain sections were written by you, and other sections written by
someone else, neatly cross out sections that are not your work. Alternatively, you can attach
only your sections and explain in the cover sheet that the sample is only a section of a brief
that was written by you.
Employers may specifically request “unedited” writing samples; so keep a copy of your
“final” draft you submitted to a supervising attorney, and not the edited version submitted to
the court. You still need to get permission from your supervising attorney to use such drafts
as a writing sample and explain that it is being used with permission. However, the fact
that it is a “draft” does not mean you cannot fix any errors yourself before submitting it
as a sample.
2. REDACT CONFIDENTIAL INFORMATION
Papers filed with a court are public record (not privileged). In contrast, internal/research
memoranda are protected by the attorney-client privilege, and memos for judges are
confidential. Get permission from the judge/responsible attorney before using. Also, redact
sensitive and/or identifying information. A legal writing consultant noted, “Your sample is
a demonstration of your judgment as well as your writing skills. Applicants who submit
samples without redacting confidential information are often rejected on the basis of
the poor judgment displayed.”
Marilyn Bush LeLeiko, “Selecting Writing Samples: A Writing Consultant’s Perspective,” September 1996, NALP
Bulletin.