Writing samples. What should I NOT use/do when applying as a lateral? Not big law. Am looking to lateral to a plaintiffs boutique from the defense side. I want to use a motion to compel as a sample but am worried it makes me look more aggressive than I am as a litigator (that specific case warranted a more aggressive approach). But it’s one of the few motions that I signed instead of my supervisor and has good legal analysis. Other tips appreciated.

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Use something substantive that shows strong legal analysis. If it was touched by a supervising attorney, describe the scope of supervision in the cover page. The partner revisions could be limited and those papers could open up a universe of more appropriate samples. Ideally you want something at least somewhat complex to show you work on sophisticated stuff or something very similar to what your prospective employer does. A response to a motion for sanctions may not be the best idea if there was any potential exposure to sanctions. Doesn’t present the best optics. Don’t send exhibits—they won’t care about stuff that isn’t your writing. They just want to give it a scan for quality writing, strong analysis, and (if the interviewer is a former clerk or LR) bluebooking. I’d aim for 8-15 pages but don’t let page numbers cause you to rule out some of your best pieces.

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It was recommended to me. I’m also pretty sure I read that requirement in my old firm’s handbook, but could be wrong. But also it’s nice to avoid someone checking out the docket in that case. Highly unlikely someone would do that but you never know. You don’t necessarily have to change party names but I always have. I’m sure some parties would prefer that you did depending on the nature of the case.

Also considering using a response to motion for sanctions that I wrote.

How long is too long of a writing sample?

Can I send in a court endorsed copy with exhibits or will that look obnoxious?

Help me Trial Lawyer 1, you’re my only hope *transmission cuts off*

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