The Writing Sample is an unscored 35-minute writing exercise that’s administered as the last section of the LSAT. You are asked to choose between two plausible alternatives and construct a written argument supporting your choice. There is no right or wrong answer; either option can be plausibly defended. You’ll be judged not on which option you choose but on how well you support your position. No outside knowledge is required to form your response.

Your task is to demonstrate an ability to establish a clear, logical, and persuasive position in writing. Your response will be photocopied and sent to every law school to which you apply as part of your application. You’ll be given scrap paper to plan your response and two sides of paper to write it.

The admissions officers reading these essays understand the time constraints you’re under and do not expect your magnum opus. A well-constructed, well-reasoned first draft is what you’re after.

You may come across Argument prompts in practice tests from test-prep books prior to 2007. This was a format the LSAC tried out in the 2005–2006 period, but it was discontinued in June 2007. Those tests also contain Decision prompts, which is the format that remains on the test and the one treated in this chapter.

Next to reading, writing is the most time-consuming activity in law school, and the law is, of course, codified in written form. Your ability to write is therefore a relevant part of your law school qualifications.

The word unscored makes the Writing Sample the least inspiring section of the LSAT. Faced with the formidable challenges of the multiple-choice sections, why waste valuable prep time on something that doesn’t even count toward your final score?

For one thing, it’s a required part of the test. Moreover, there is evidence that many law schools do actually consider these. A 2006 LSAC survey asked 157 law schools how often they used the Writing Sample to evaluate a candidate’s qualifications for law school. The results belie the popular belief that “no one ever reads these things.” Seventy percent of the schools surveyed reported that they occasionally, frequently, or always read them, while only a paltry 7 percent or so admitted to ignoring them entirely. And it’s well known that those schools that do read the essays often use them to differentiate between two otherwise identical candidates—that is, to tip the scales in borderline cases.

So the bottom line is that you should take the Writing Sample seriously because it could make a difference. In addition, any practice you get arguing for a position is bound to help you down the road at law school, where you’ll be asked to argue countless cases, and where your writing most certainly will be scored.

Enough said. Let’s hit the gameplan.