'Want me to work for my "interview"? Will do': Job candidate discovers their free writing sample was used in court case, sues the company that interviewed them

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    Font - Want me to work for my 'interview'? Will do! M OC Disclaimer: Nothing in this post is legal advice. I'm a lawyer but not your lawyer. Please do not take legal advice from internet randos.
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    Font - Background: I mostly work in a niche-ish area of law called discovery. Basically when someone starts a legal proceeding each party gets to ask other parties for certain documents relevant to the case. Sometimes parties refuse to produce certain documents because of reasons like attorney- client privilege. I argue why my clients' documents are properly withheld or the other sides' documents are improperly withheld.
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    Font - One day I see a job board post from a local law firm looking for a research/writing position with required experience in discovery disputes. This raises a red flag for two reasons. First, local law firms normally do not need to hire full time R&W people because >95% of that firms cases are very similar (i.e. a personal injury firm normally only handles personal injury cases, so keeping a full time researcher is not worthwhile when all your cases are basically the same). When these local f
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    Font - Second, this local firm hired a friend of mine by telling them "start here, work hard, and move up to senior associate in a few years" before promptly letting them go after a few busy months.
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    Font - I go ahead and send my resume over and get scheduled for an interview pretty quickly. During the interview I gave them a fairly high salary ask which they agreed to almost instantly (itsatrap.jpg). Then the partner hits me with the following
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    Font - Partner: "We ask all candidates to provide a writing sample before the final interview." Me: "Sure thing. I thought I attached one to the application, but let me grab my phone and double check."
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    Font - P: "Oh not that writing sample, that is too generic for evaluation. Here is a legal question that we want you to research." M: "I see. More than happy to do that at an hourly rate."
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    Font - P: "It should be fairly quick work. No other candidate has asked us for writing-sample-compensation, and this makes it seem like you won't be a team player. If you aren't interested in the position just tell us." M: "Let me think about it."
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    Font - So I go home and search a couple of local court dockets and wouldn't you know it this firm is involved in a case with a hearing set on exactly the discovery question they want me to produce a free 'writing sample' on. hehehelizard.gif.
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    Font - I send an email back saying sure thing I will make the writing sample, as long as it guarantees consideration for the R&W position. They say yes. I write a fantastic memo and send it in.
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    Font - A few weeks go by and I email asking for an update on the final interview. No response. Then I check that court docket and wouldn't you know it they straight up copy/pasted parts of my memo in the response. alwaysunnyyoudumbbi h.jpg.
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    Font - I send a demand letter for payment + fees. No response. I file a lawsuit for fraud. Oh baby THEN I got a response. A frothy, salty response. Frothaltly. I got called some names. They went on and on about how I was going to lose AND after I lost how they were going to counter sue me.
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    Font - I said "sounds good, can't wait to lose. I guess you did hire a full time R&W attorney. I mean, it would be like baby-town frolics easy to win if you never hired for that position. Actually, it would be even easier if you never even had a final interview for the spot. I'm sure you aren't that dumb though." Got the check 30 days later.
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    Font - Im_your_life +3. I like your style. The only interview I had that asked me to do some work actually presented me with a long closed case, and the work they asked for was simply to determine if I actually knew the matter or if I claimed I knew it well but actually had to spend hours researching just to be able to argue simple points about it. It didn't take me more than a page to complete it. Your story is the legal version of "enter this contest, submit your idea of our logo! We will use
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    Font - I don't understand how LAWYERS think that they could trick another LAWYER by BREAKING THE LAW. I mean, I know idiots can become lawyers, but d
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    Font - Plannerer That is shady as h can imagine some people would be intimidated by the bluster, but another I lawyer would be used to pressing 'hold' on the panic button and thinking through it. What are the chances that the smoke & mirrors will cut it then? Pure lunacy.
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    Font - BigRiverHome +1. That is freakin' hilarious! And it isn't like you even have to go to the trouble of hiring an attorney to represent you. Obviously, you may if you're not a litigator and depending on how challenging it would be, but you don't HAVE to hire one.
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    Font - MeowSchwitzInThere OP Even for lawyers the phrase "A person who represents themselves has a fool for a client" applies. I know I'm dumb, but I figured they were more dumber so I rolled the dice =D
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    Font - Jthundercleese Tell me you hiked the S out of your rates just especially for them 253 Reply Share MeowSchwitzInThere OP My good Sir/Ma'am/Non- binary pal, that would be unethical. But I absolutely charged them for all the time spent for emailing/interviewing /filing suit.
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    Font - ceebs87 I love the ever so lawery disclaimer at the beginning!! And your whole post was both fun and informative.... Funformative!! 80 Reply Share MeowSchwitzInThere OP I've never been called that before #winning
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    Font - The-Sidequester "Never deal with a devil --they're in the details and you're not." That part about "not being a team player" is rich. My guess is that they were the kids in school who let the other people in their group do the project and got the grade for nothing. I love everything about this post. Bravo sir. 38 Reply Share MeowSchwitzInThere OP Glad you liked it!
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    Font - DaoNayt P: "Oh not that writing sample, that is too generic for evaluation. Here is a legal question that we want you to research." M: "I see. More than happy to do that at an hourly rate." This right here is how you reply every time a business asks you to do real work as a test for eployment. Businesses will absolutely exploit applicants like this to get what is basically a large pool of free labor.
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    Product - throwawayshirt Was there a settlement agreement including no bar complaint against them? 25 Reply Share MeowSchwitzInThere OP I guess someone forgot to include that in the settlement, which was a real whoopsie-doodle. Cuz I sent the state bar some info.
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    Font - kumama07 This was a great read! People over at r/antiwork often talk about "employers" requesting free work (i.e. trial days, writing samples, etc) before hiring. It's definitely a trap when they ask for these things 82 Reply Share MeowSchwitzInThere OP I really wish we had better rules AND enforcement for worker's rights.
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    Font - nutterbutter1 The last time I interviewed someone for a job, I had her do some work for me so that we could both get a better idea of whether or not it was a good fit. But get this, you'll never guess what I did afterward... I paid her for the time.
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    Font - bg-j38 Totally different industry but I work in telecom. I got referred by a friend of mine to a very large and well known company that was looking to build a call center. I spent some time talking with the director over there who was looking to find someone to run that project for them. She said OK before we bring you in for in person interviews, we have a writing assignment that we want you to do. Not unheard of for this type of project so I said OK send it over.
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    Font - She sends over this 10 page packet of questions that were basically like come up with a full project plan and implementation guidelines for building out a massive call center. This is stuff that I'd put at least 40 hours of work into just a preliminary analysis. Basically asking for a ton of free work that at contractor prices would be hundreds of dollars an hour. I wrote back that I didn't think I was a good fit but thanks for the consideration. I do wonder if they ever found a sucker to

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