Biglaw Writing Sample Guide: What to Submit for Lateral Positions

When applying for lateral associate positions at AM 100 firms, V100 firms, or Am Law 200 practices, your writing sample is often the most critical component of your application package. It demonstrates your analytical thinking, legal research capabilities, drafting skills, and attention to detail—all qualities that partners evaluate when considering lateral associates.

What is a Legal Writing Sample?

A legal writing sample is a document that showcases your ability to research, analyze, and communicate complex legal issues in writing. For lateral associates, it serves as proof of your substantive legal skills and writing ability. Partners use writing samples to assess whether you can produce work at the quality and sophistication level their clients expect.

Writing Samples for Litigation Positions

Litigation roles almost universally require writing samples, and partners evaluate them closely. Your writing sample demonstrates your ability to draft persuasive briefs, analyze complex legal issues, and communicate clearly to courts and clients.

Best Types of Writing Samples for Litigators

1. Motion to Dismiss or Motion for Summary Judgment

These are ideal because they demonstrate:

• Legal research and analysis
• Ability to identify and argue key legal issues
• Persuasive writing skills
• Understanding of procedural rules
• Strategic thinking about case positioning

2. Appellate Briefs

Excellent choices because they show:

• Complex legal analysis
• Ability to synthesize multiple authorities
• Persuasive advocacy skills
• Understanding of appellate standards
• Sophisticated legal reasoning

3. Legal Memoranda

Strong options that demonstrate:

• Research capabilities
• Analytical thinking
• Ability to explain complex legal concepts
• Client communication skills
• Risk assessment and judgment

4. Discovery Motions

Good alternatives that show:

• Understanding of procedural rules
• Ability to argue technical issues
• Practical litigation experience
• Attention to detail

What to Avoid for Litigation Writing Samples

• Internal emails or correspondence: Too informal and don't demonstrate formal legal writing
• Redacted documents with excessive blackouts: Makes it difficult to evaluate your work
• Documents heavily edited by partners: Doesn't reflect your actual writing ability
• Very old samples: Should be from the last 2-3 years to reflect current skills
• Samples unrelated to the practice area: If applying for commercial litigation, don't submit a criminal law brief

Formatting Your Litigation Writing Sample

• Length: 5-15 pages is ideal. Partners want to see substantial analysis, but also respect for their time
• Redaction: Remove all client names, case names, and confidential information. Use generic placeholders like "ABC Corporation" or "Plaintiff"
• Cover sheet: Include a brief note explaining the context: what type of document it is, your role in drafting it, whether it was edited by others, and the outcome if known
• Clean copy: Ensure the document is error-free and professionally formatted
• Relevance: If possible, choose a sample that relates to the type of work the firm handles

Writing Samples for Transactional Positions

While transactional roles place greater emphasis on Deal Sheets, some firms—particularly those handling complex M&A, securities, or regulatory work—may request writing samples to assess your drafting and analytical skills.

Best Types of Writing Samples for Transactional Associates

1. Transactional Memoranda

These demonstrate:

• Understanding of deal structures
• Ability to analyze legal risks
• Client communication skills
• Regulatory knowledge
• Business judgment

2. Due Diligence Reports

Strong options showing:

• Analytical thinking
• Attention to detail
• Ability to identify and explain risks
• Client communication
• Understanding of business transactions

3. Contract Provisions with Explanatory Memos

Good alternatives that show:

• Drafting skills
• Ability to explain complex provisions
• Understanding of deal terms
• Risk assessment
• Client counseling

4. Regulatory Analysis Memos

Excellent for regulatory-focused practices:

• Understanding of regulatory frameworks
• Analytical skills
• Ability to explain complex regulations
• Strategic thinking
• Client communication

What to Avoid for Transactional Writing Samples

• Unredacted contracts: Never submit actual client contracts—too much confidential information
• Internal deal documents: Often too context-specific and confidential
• Emails: Too informal and don't demonstrate formal legal writing
• Documents you didn't draft: Must be your own work
• Outdated samples: Should reflect current skills and knowledge

Formatting Your Transactional Writing Sample

• Length: 3-10 pages is typically sufficient for transactional samples
• Redaction: Remove all client names, deal names, and confidential information
• Context: Include a cover sheet explaining the document type, your role, and the transaction context (without revealing confidential details)
• Relevance: Choose samples that relate to the type of transactions the firm handles

Redaction Best Practices

Proper redaction is critical to protect client confidentiality while allowing partners to evaluate your work:

What to Redact:

• Client names and identifying information
• Case names and docket numbers (for litigation)
• Deal names and transaction identifiers (for transactional)
• Specific financial figures or deal values
• Confidential business information
• Personal information of individuals

How to Redact:

• Use black boxes or generic placeholders consistently
• Ensure redactions are complete—partners will notice incomplete redactions
• Use consistent naming conventions (e.g., "ABC Corporation," "XYZ Acquisition Corp.")
• Don't leave clues that could identify parties

What to Keep:

• Legal analysis and reasoning
• Structure and organization
• Writing style and clarity
• Citations and legal authorities
• Your role and contributions

Writing Sample Cover Sheet Template

Include a brief cover sheet with your writing sample:

For Litigation Samples:

[Your Name]
[Date]

Writing Sample Cover Sheet

Document Type: [Motion to Dismiss / Appellate Brief / Legal Memorandum]

Context: This [document type] was prepared in connection with [brief description of case type, e.g., "a commercial breach of contract dispute"]. I was the primary drafter of this document, with partner review and editing. The [motion was granted / brief was successful / case settled favorably].

This sample demonstrates my ability to [key skills relevant to the position, e.g., "analyze complex contract disputes, research and synthesize relevant case law, and draft persuasive legal arguments"].

[Optional: Note if this relates to the type of work the firm handles]

For Transactional Samples:

[Your Name]
[Date]

Writing Sample Cover Sheet

Document Type: [Transaction Memorandum / Due Diligence Report]

Context: This memorandum was prepared in connection with a [type of transaction, e.g., "merger and acquisition transaction in the technology sector"]. I was the primary drafter, with partner review. The transaction [closed successfully / is pending].

This sample demonstrates my ability to [key skills, e.g., "analyze transaction structures, identify legal and regulatory risks, and communicate complex issues to clients"].

[Optional: Note relevance to firm's practice]

Common Mistakes to Avoid

1. Submitting Unedited Partner Work

Partners can tell when a document has been heavily edited. Be honest about your role, but ensure the sample reflects your actual writing ability.

2. Choosing Samples That Don't Match Your Experience Level

If you're a junior associate, don't submit a sample that clearly required senior-level judgment. Partners will question whether it's truly your work.

3. Poor Redaction

Incomplete or sloppy redactions signal poor attention to detail and potential confidentiality concerns.

4. Outdated Samples

Use recent work that reflects your current skills and knowledge. Samples older than 3 years may not accurately represent your abilities.

5. Irrelevant Samples

Choose samples that relate to the type of work the firm handles. A securities litigation sample won't help if you're applying to a commercial litigation practice.

6. Too Long or Too Short

Respect partners' time. 5-15 pages for litigation and 3-10 pages for transactional is typically ideal.

7. No Cover Sheet

Always include context. Partners need to understand what they're reading and your role in creating it.

Frequently Asked Questions

Q: Can I submit a writing sample that was heavily edited by a partner?

A: Yes, but be transparent about it. In your cover sheet, note that the document received partner review and editing. However, ensure the sample still reflects your writing ability and analytical thinking. If the partner rewrote substantial portions, choose a different sample.

Q: How many writing samples should I submit?

A: Most firms request one writing sample. If they ask for multiple, submit 2-3 that demonstrate different skills (e.g., a brief and a memo, or a litigation sample and a transactional sample if you have both types of experience).

Q: Should I submit a published article or blog post?

A: Published work can be excellent writing samples if it demonstrates legal analysis and writing ability. However, ensure it's relevant to the practice area and shows the type of work you'd do at the firm. Academic articles may be less relevant than practice-focused pieces.

Q: What if I don't have a good writing sample from my current firm?

A: You can use samples from:

• Law school (if recent and relevant)
• Clerkships
• Prior firms (if not confidential)
• Pro bono work
• Published articles or blog posts

However, be prepared to explain why you're not submitting work from your current firm if asked.

Q: Should I tailor my writing sample to the specific firm?

A: If you have multiple strong samples, choose the one most relevant to the firm's practice. However, don't submit a weak sample just because it's more relevant. Quality matters more than perfect relevance.

Q: How do I handle confidentiality concerns?

A: Redact thoroughly and use generic placeholders. If you're concerned about confidentiality, consider using a sample from a public case or a pro bono matter. Some associates create "practice" samples based on public cases specifically for job applications.

The Bottom Line

Your writing sample is often the deciding factor in whether you advance to interviews. Choose samples that demonstrate sophisticated legal analysis, clear writing, and relevance to the practice area. Proper redaction and a clear cover sheet show professionalism and attention to detail—qualities partners value in lateral associates.