Thanks for Nothing
I have an interview with a firm on Monday. They want a writing sample. Standard request, I guess. I have the perfect one. I was asked to determine whether a blog post author owned the rights to a blog post published under the author's name. (Short answer: usually yes, as long as the named author wrote it, unless an exception applies.)
Due to the nature of the particular dispute and (more so to) the identities of the interested parties, my memo was vetted by one of the top firms in town. They agreed with my analysis and pronounced it correct. Sounds like a winner, huh?
I can't have it. I can't use a redacted version, no matter who redacts it. The stated problem is that the case is still live. Uh, okay...
I thought we were all lawyers here. Client confidences are one thing, and we have ethical rules and legal obligations to protect those confidences. We also sat through three years of John Doe owns Greenacre/Jane Doe is in control of a vehicle, the trunk of which contains a viable pineal gland anonymized hypotheticals. Plus the bar exam(s). Plus the professional responsibility exam. Plus 15 credit hours of CLE every year, in Arizona. Plus countless client meetings when we explain how the law works using real examples but protecting client confidences. Plus every war story you tell when the spouse or significant other asks about your day.
The point is, with a couple of black boxes over the text and my deft explanation of the fact pattern, all any third party reader/listener would get is the necessary factual bones of an issue and the hopefully brilliant analysis by the lawyer. But not this time.
Que sera, sera.