Question regarding a potential writing sample for a lateral real estate associate position - I have a memo I drafted for a client discussing development options for a property based on analysis of city zoning ordinances. Can I use this without my current firm’s approval if I modify information related to the client and the property? And should I also modify the city name and zoning ordinance citations as well for confidentiality purposes? Thanks!

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I have not been in this position so take this with a grain of salt. But if it were me, I would probably not use anything firm related because of exactly your concern- getting in trouble for using it without their permission, and second you don’t want to new firm think you are stupid by using samples that you should not have shared. Can you draft up an example from scratch and use that? Make up a hypothetical case?

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I always try to use publicly filed documents to avoid any issues. But, I think you would be fine heavily redacting and/or changing the name to John Doe/ABC Corp. etc. Just be sure to look it over 1,000 times to avoid inadvertently including any PII! Good luck!

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Following as another land use associate with no writing samples besides zoning analysis 🥴

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There should be no issue if you modify all of the identifying information. I would also include a short cover page explaining the steps you took to change identifying info -which should alleviate all concerns.

I wouldn't feel comfortable using it in its current state. My reasoning is that your analysis is work that belongs to your firm/ your client. In a worst case scenario I could see your client taking some course of action based on your memo, getting sued, and then having someone bring up in discovery your memo showing your entire analysis for the issue. Even if the names are changed, the analysis would remain the same.

I would either change all of the citations and city names so that they could no longer be applied to your clients situation, or I would change some of the key facts and rewrite the memo, as was suggested.

I'm a non real estate litigator though, so I don't really know how groundbreaking your analysis was.

There was a time I was applying for engineering positions while I was an intern. I brought some CAD prints that I created during my internship to an interview to impress the hiring team. They point blank asked “are you supposed to be showing us these?” I didn’t get the job. Don’t make that mistake. Be very careful with this. I would sure on the side of making something up.

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