Comments on: How much should I redact a writing sample to a prospective employer?

Question: How much should I redact a writing sample to a prospective employer?

Anonymous — Fri, 12 May 2006 13:07:18 -0800

How much do I need to redact my writing sample?

I am an attorney applying for new a position, outside of my current market. One of the firms I've applied to has asked for a current writing sample. I have only one good piece of recent writing that was non-collaborative, but it's on an active case. The brief I'd be sending as my sample has already been filed with the court, been heard, and is a matter of record. The case, however, is still pending.

I'm planning to use false names for the entities/individuals involved as a safeguard. Does anyone have any additional insight?

(FWIW, my potential employers are all out of state and have no connection to the area)

By: KRS

KRS — Fri, 12 May 2006 13:31:23 -0800

Since the brief is a matter of public record, I see no ethical problem in using it.

However, some bar associations (e.g., Nassau County, New York) have issued opinions stating that when an attorney sends a writing sample, the parties and case should not be identifiable. I would therefore do as you suggest, changing the names of the parties and the action. I would also change the name of the court in which the case pending and facts that might identify those involved.

Avoid silly names, though, and after the revision, proofread it at least five times.

Good luck.

By: reverendX

reverendX — Fri, 12 May 2006 13:35:31 -0800

If a brief has been filed with the court, and its a matter of public record, I don't see the problem with using it.

By: MeetMegan

MeetMegan — Fri, 12 May 2006 16:21:55 -0800

According to Will Hornsby, the ABA Ethics Guru, even if something is a matter of public record, client permission still must be obtained so as to not violate the "informed consent" rule 1.6.

If you redact the client's name and any identifying information about the client, you should be OK.