Hello, first year associate trying to pick a writing sample for another litigation position I'm applying for. I've been in my current litigation position for 1 year. Any advice on what kind of motion would be best?

I've written motions to compel discovery or deposition appearance, MIL to preclude evidence or testimony, MIL to limit scope of testimony, motion in response to plaintiff's objection, statement of facts?

I feel it is probably a good time to stop using my 1L writing sample.

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Motion for Summary Judgment

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Last time I interviewed for a job in big law (or any job, for that matter) was in 2011. I got it, but left for greener pastures in 2016, but if I remember correctly, my writing sample was a 10-page reply (as counsel for the agent for a syndicate of debtor in possession lenders) to an objection by the creditors’ committee to the approval of Interim DIP financing. (I was a bankruptcy litigator in a former life.)

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It doesn’t matter everyone knows that the writing samples have been heavily edited to perfection so you could just write up some BS summary judgment motion if you want and no one is gonna know.

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Recruiter here. My clients typically prefer to see:

(A) Something that is purely your own work, or at least not too heavily edited by a partner or someone else. If it is minimally edited, say so in a short intro.

(B) Something that shows substantive legal analysis, preferably on a reasonably complex question of law. A good sample should illustrate not only your writing skills, but also your ability to think like a lawyer. Any motion with legal analysis in the argument will accomplish this - it doesn’t have to be a lengthy MSJ or response. Not sure any of the pleadings you listed quite fit the bill - maybe the motion in response to plaintiff’s objection?

(C) Something prepared on the job - even better if it’s great work and file-stamped. This shows your ability to prepare quality work under a deadline. In this same vein, avoid using anything you wrote in law school. Many junior associates like to provide samples from law school, but employers know you worked on it forever and had plenty of time and help to edit and make it almost perfect.

Best of luck! 🍀

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What if you feel that your draft of a filed motion is better than what has been heavily edited by others?

Argument section of a MSJ brief

I would not, personally, copy and paste an argument section. Submit the whole thing. I thought of this once in a very different context and was convinced to never submit sections of something as a writing sample.

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