WRITING SAMPLES

School of Law

Office of Career Planning

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San Francisco, CA 94117

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WRITING SAMPLES

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WRITING SAMPLES

Many legal employers request a writing sample from applicants during the hiring process.

Writing samples should be well written without any typographical errors, grammatical problems,

or misspellings. Do not send unsolicited samples as some employer do not want or require one.

SELECTING A WRITING SAMPLE

Be sure you allocate enough time in selecting and perfecting your writing sample, well in

advance of an application deadline or job interview. While the OCP can assist you in

determining which writing sample to select, our office does not review writing samples for

content. Rather, work with your LRW instructor to review and edit your sample. Be sure to

check your sample for style, punctuation, spelling and grammar, in addition to proofing the

citations. Correct all errors and rewrite or edit as necessary.

ACCEPTABLE WRITING SAMPLES:

 Writing assignments, memoranda or exams written for Legal Research and Writing

courses and Moot Court briefs can be used as samples.

 Work product such as legal memoranda, briefs, or motions written for a legal clinic

student, law clerk/intern, or judicial extern can also be used, only with permission and

subject to the guidelines below.

GUIDELINES AND PURPOSE

The following are only general guidelines/advice about suitable writing sample types. It is

always appropriate to ask employers about writing sample preferences (i.e draft memorandum

vs. a motion or brief) and the number of pages.

SELECTING A SUITABLE WRITING SAMPLE

 Provide persuasive writing of your own work (exclude parts written by others)

 Provide something recent that reflects your current legal abilities

 Provide about 5 – 10 pages of an easy to understand topic

 Change or redact confidential/sensitive information

 Avoid lurid or hot-button subjects, such as sex, politics, abortion

 Provide an explanatory cover sheet

 Obtain permission to use from employer

WRITING SAMPLES

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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.

WRITING SAMPLES

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When changing confidential information, substitute fictitious information so it is

understandable to the reader. Do not just black out clients’ names. For example, you could

substitute “Plaintiff Mr. Red” for the real name of the client and “Company Blue” for the real

name of the opposing party. If you do this, note that you substituted fictitious information to

maintain client confidentiality in your cover sheet. Obviously, information substitution is

possible only if you saved an electronic format copy of your sample that can be edited.

WRITING SAMPLE CHECKLIST

DO:

 Put your name on it

 Provide a cover sheet or cover memo, explaining the nature and origin of the writing,

and the citation style used (ALWD vs. Bluebook)

 If sample is a Legal Research & Writing class assignment, explain if assignment was

closed or open universe for legal research purposes

 Include page numbers

 Meet page limits (5-10 pages; or shorter if requested)

 Obtain your supervisor’s permission

 Redact any confidential or identifying information

 Make sure it is error-free, grammatically correct with NO TYPOS

DON’T:

 Leave grades/marks on it

 Use fancy binders and/or have it bound

 Provide faded or unclear copy

SAMPLE WRITING SAMPLE COVER SHEETS

WRITING SAMPLE FOR

MERRI ONE ELLE

This writing sample is a section of a brief I wrote for my 1L Legal Research and Writing class,

spring semester. Please note that the sample has been edited down to 10 pages. To do so, I

deleted my first argument and included only the second argument.

For the purposes of this sample, please assume that the plaintiff, Sammy Subtenant, is considered

a “tenant” under the Ellis Act. Argument Two then addresses the issue of whether the Ellis Act

was violated by Larry Landlord.

Additionally, the citation style is done in ALWD, as opposed to Bluebook style.

WRITING SAMPLES

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WRITING SAMPLE FOR

HAPPY SECOND YEAR

This writing sample is a Pitchess motion I drafted as a legal intern for the Marin County Public

Defender’s Office during the fall of my second year. My supervising attorney edited it only

slightly for stylistic purposes. My supervising attorney signed the motion which was granted in

part, but the work that appears here was written entirely by me. I obtained permission from my

supervising attorney to use this sample. Names and other identifying information have been

redacted.

WRITING SAMPLE FOR

GRADUATING THREE ELLE

This writing sample is a section of a Motion for Summary Judgment written by me as a second

year Summer Associate at Big Law Firm. I obtained permission from my supervising attorney to

use this section as a sample. I researched and wrote this section that the firm included in the brief

with very little edits. Names of the parties have been changed along with any other identifying

information. Bluebook citation style is used.