How much should I redact a writing sample to a prospective employer?
May 12, 2006 1:07 PM Subscribe
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)
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)
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.
posted by reverendX at 1:35 PM on May 12, 2006
posted by reverendX at 1:35 PM on May 12, 2006
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.
posted by MeetMegan at 4:21 PM on May 12, 2006
If you redact the client's name and any identifying information about the client, you should be OK.
posted by MeetMegan at 4:21 PM on May 12, 2006
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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.
posted by KRS at 1:31 PM on May 12, 2006