Writing Samples

  1. What is a Writing Sample?
  2. Why Does and Employer Want a Writing Samples?
  3. When Should You Provide a Writing Sample?
  4. What Type of Work May Be Used as a Writing Sample?
  5. What if the Work is a Product of Collaboration?
  6. What is an Appropriate Length?
  7. What are the Guidelines for Excerpting?
  8. What Should You Include on the Cover Page?
  9. What Should You Consider When Editing the Writing Sample?
  10. What Should You Do When Printing and Mailing/Submitting Your Writing Sample?
  1. What is a Writing Sample?

    For a legal job search, writing samples are examples of legal writing that highlight your ability to discuss, analyze, and apply laws. Employers perceive writing samples to be reliable tools in evaluating whether your legal writing and thinking skills meet or exceed their standards. Writing samples are also used to evaluate your fundamental writing skills. Employers may evaluate grammar, organization, sentence structure, word choice, etc.

    A writing sample is one of many factors in your candidacy that employers consider. As such, a writing sample will not generally generate a job offer that you aren’t already being seriously considered for, but a sample of your writing can be the difference in making final distinctions between candidates. A high-quality writing sample may also assuage employer concerns for candidates with lower grades. Knowing that samples are read and considered, you should be thoughtful in selecting work that highlights your competencies.

    Also, it is worth noting that even when an employer does not request a formal legal writing sample, the employer is evaluating your writing skills as you demonstrate your writing in cover letters and/or email correspondences. It is important that you consider every document and written correspondence as examples of your writing skills and make certain they are pristine.
     
  2. Why Does an Employer Want a Writing Sample?

    Writing Samples are requested because the employer perceives that they are a reliable tool in determining whether your legal writing and thinking skills meet or exceed their standards. While you will not receive an offer of an employment based solely on your writing sample, a poor sample most certainly can prevent you from getting an offer. Take time to select and submit a strong piece of work.
     
  3. When Should You Provide a Writing Sample?
    • DO provide a writing sample when an employer specifically requests it. Pay careful attention as to whether the employer is requesting that you submit it with your initial application package or whether you are to bring it to the interview.
    • DO take a writing sample with you to all job interviews, even when the employer has not specifically requested that you do so. In the event the employer requests a sample during the interview, you will look very prepared.
    • Do NOT send a writing sample when you are responding to a job post and the employer did not specifically request a sample.
    • Do NOT send a writing sample when you are sending unsolicited resumes to an employer.
    • Do NOT include writing samples when requesting informational meetings with lawyers or when sending applications proactively. Send only a cover letter and résumé when targeting employers that do not have active postings.
       
  4. What Type of Work May Be Used as a Writing Sample?

    A writing sample may come in a number of forms including memoranda, briefs, law review notes/comments, and law-focused articles drafted for publication in legal journals. Sources of legal writing may include the following:


    Documents Created for Class.

    Legal Analysis, Writing and Research 1 & 2 (LAWR) and Appellate Writing and Advocacy (AWA) are examples of classes at Marquette Law School where you generate documents that work well for writing samples. Other advanced writing and research courses may also result in writing-sample appropriate documents. If you submit a brief from AWA, only provide that portion of the brief you exclusively researched and drafted. You cannot present your partner’s work as your own.

    Memorandums and briefs created for class prove to be strong examples since you have worked on the documents over an extended period and have the benefit of professors’ comments for revisions. When considering what class-created document to use, select the piece that best highlights your analytical reasoning and writing skills. Always remove your professor’s name and your student identification number and/or pseudonym before submitting class generated documents to an employer.

    For first-year students conducting job searches in spring, the only option for a legal writing sample will be an assignment from LAWR 1. Second-year students may still rely on documents created during LAWR 1 or 2, but typically documents written for LAWR 2 will show more sophisticated analysis and writing. Third-year students should not be relying on documents generated during their first year of law school. Employers likely will question why you have not produced formal legal writing more recently. Additionally, the quality of your analysis and application should improve during your tenure at the law school, so a document you drafted during the first year of law school is not likely to reflect the current level of your research, writing, and thinking skills.


    Legal Job or Internship, Journal Submission or Clinical Placement.


    You may also be able to use a document created in the course of a clinical placement, legal employment, a seminar class, or a journal. (Law review notes are preferred choices for judicial clerkship applications.) If you have a document where the subject matter is relevant to the specific employer, that would be a preferred choice.

    • Permission Required. You must have permission from the assigning/supervising attorney/judge to use a document that was created for an outside organization. Firms and organizations are often supportive of students using work-created documents as writing samples, but you should never use a document without advance permission. Judges are less likely than other internship supervisors to permit students to use documents that were created in chambers. Bench memoranda are private to chambers in that they counsel the court and are not intended for public consumption before or after decisions are made. Also, most judges do not permit students to take credit for opinions and orders even when students make substantial contributions.
    • Redact Sensitive Information. You may need to redact client identifying or sensitive information. Confirm with the supervising/assigning attorney/judge what, if any, information needs to be changed or redacted. Most common is to redact or change parties’ names and other identifying references that are not legally significant to analysis (e.g., Molson Coors, a Milwaukee-based beer distributor, might become an Iowa-based manufacturer of the almighty widget). If you are using a brief or other legal document that has been filed publicly with the court, it is less likely the employer will condition your use of the document on redaction. There is an appropriate way to redact information.

      - DO use the find and replace function on your word processing program.
      - DO make certain you replace all forms of the words being redacted, including possessives and plurals.
      - DO replace a party's name with a benign name such as Company X.
      - DO indicate on an attached cover page that the document was redacted.
      - Do NOT block out the name(s) as they appear throughout the document using whiteout or black marker.

  5. What if the Work is a Product of Collaboration?

    Only use documents—or sections of documents—as writing samples that are exclusively YOUR work. Do not use documents that are products of extensive collaboration wherein your contributions are indistinguishably entangled with that of a coauthor(s). AWA briefs usually work if you excerpt and provide to the employer only the sections you researched and drafted independent from your partner.

    While the employer may understand that your document was edited by others, you should not provide a document that has been so heavily edited by the assigning attorney or professor in terms of content, analysis, and word choice that only fragments of your original work remain intact.
     
  6. What is an Appropriate Length?

    If an employer specifies a maximum page limit, stay within the specifications. When the employer does not provide guidelines for length, you can provide a document that ranges from 5–12 pages. The exception is for students applying for post-graduate judicial clerkships. Judges may entertain documents upwards of 20 pages in length. When your sample is longer than the stated or preferred length, do not manipulate font size or margins to make it smaller. Rather, select and excerpt key parts of the document. When excerpting a document, you should include a cover page that notifies the reader what portions of the document were removed. See section 8, below, for detailed information on this point.
     
  7. What are the Guidelines for Excerpting?

    When extracting sections of a document to be used as a writing sample, the goal is to provide a sample that showcases your skills as well as provides some context to the piece. Excerpting options:
    • If the document has more than one legal issue submit the document with the statement of facts and as many Questions Presented, Brief Answers and corresponding discussion sections as appropriate.
    • Submit substantive text absent the table of contents, caption and signature block.
    • Submit only the discussion section or part thereof with a brief statement of facts and summary of other issues.
       
  8. What Should You Include on the Cover Page?

    You should included a cover page when submitting a writing sample to provide context to the receiving employer. As relevant, include the following information:
    • Your first and last name (use letterhead that matches your résumé and cover letter) and the type of document (brief, memoranda, etc.)
    • The context in which it was created (class, work, internship, journal, etc.).
    • If work-related, a statement that the attorney/firm/organization/judge has given you permission to use the document as an example of your writing.
    • If it is excerpted, indicate the following:
      o The fact the document was excerpted,
      o An explanation of what section(s) are being submitted/omitted, and
      o The entire document is available upon request.
    • A Blue Book formatted citation if it is published or pending publication.

     

    Example

                                                                                                   Markus K. Wright
                                                          414-555-3221 │ margaret.jones@marquette.edu │Milwaukee, WI
     

                                                                                                     Writing Sample
     

    Attached you will find a copy of my writing sample. I am sharing a brief in support of a motion for summary judgment that was filed in the Northern District of Illinois. I researched and wrote this brief while working as a summer associate with Jenner & Block, and submit it as an example of my writing with permission of Atty. Daniel Waldman. For purposes of length, the document has been excerpted to exclude a discussion of a breach of contract. The entire document is available upon your request.
     

  9. What Should You Consider When Editing the Writing Sample?

    You should review and make necessary final edits to documents prior to using them as writing samples. The writing sample must be void of grammatical errors, spelling errors AND errors in logic. You are not obligated to present to an employer exactly what you presented to a professor or an assigning attorney. Fix citations, correct errors in grammar, tighten analysis, and update case law as necessary and/or appropriate. Receiving an “A” on an assignment does not exempt you from making final edits.

     

  10. What Should You Do When Printing and Mailing/Submitting Your Writing Sample?

    Most writing samples will be submitted electronically. If you need to print your writing sample for an application, or to bring with you to an interview, follow these guidelines:

     

    • Writing samples should be printed on regular printer paperNOT résumé-quality paper.
    • You should staple the writing sample and cover page together.
    • In the rare instance you are mailing a printed application package that includes a writing sample, always use a legal-sized envelope. Do NOT attempt to fold the writing sample and cram it into a regular letter-sized envelope. Do have the envelope metered at the post office so as to ensure that you have enough postage on the envelope.
    • When submitting a writing sample electronically, combine the cover page and the writing sample into a single PDF.