While an increasing number of attorneys are taking clerkships after a few years in practice, the traditional model has been for law students to apply for clerkships beginning at various points in their law school careers. The last decade has seen considerable flux in this area. Many federal judges banded together to establish a unified law clerk hiring plan and then abandoned the system. The turbulence in the clerkship application process is really a function of competition.
As you can imagine, federal judges tend to be high-achieving, type-A personalities who want to hire the best possible candidates. This impulse has pushed the application time frame up to even the first year of law school. I’m not kidding.
These judges are jockeying for the best candidates because the position of law clerk is no small thing. The title sounds ministerial, but the position isn’t. Think of it more like one of the few modern apprenticeships. A judicial clerkship is a close, mentoring relationship between an experienced, respected judge and a young law school graduate. In some cases, the law clerk is brought into the judge’s inner circle of colleagues. This allows one to make relationships that last throughout the clerk’s legal career.
Admittedly, at its worst, a clerkship can be 1-2 years of indentured servitude to a tyrannical overlord. But those circumstances are rare. We’ll be focusing on the vast majority of cases in which a clerkship is a rewarding and enjoyable experience.
Judicial Clerkship
The Supreme Court of the United States (SCOTUS) garner the most attention. This is the rarefied air of judicial clerkships. It’s nearly impossible to obtain, but pure gold in terms of experience and career making status. If you’re likely to reach this level of clerkship, you probably already know it. There is a lot of information about these clerks, we’ll let Google be your guide there.
Trial Court Level
At the trial court level, what you learn is a mixture of procedure and people. An experienced law clerk plays a significant gate-keeping role to the office of a trial judge. Often, the clerk will be a first point of contact for attorneys with issues or requests for the judge. They’re also in charge of scouring through incoming filings for procedural errors to flag for the judge’s attention. This can be boring, but it drills into the clerk an understanding of court procedure that’s invaluable. So long as the clerk is not a boor, this part of the job gives the clerk the greatest opportunity to get to know the local attorneys and gain a solid reputation for competence and a collegian disposition.
It’s through these interactions that a law clerk ultimately gains post-clerkship employment. The law firms know that they’re getting a broken-in, hard-working attorney that can do billable work right away, which is good for a firm’s bottom line. Assuming the law clerk isn’t a jerk, the former clerk will have developed strong relationships with the court clerk’s office. These relationships are absolutely invaluable. Although the pay is very little at the state level, you’re continuing your legal education outside the classroom. You’ll also get to experience priceless interactions with some excellent attorneys at work. The law clerk also has the benefit of being nearly invisible at time. This allows a clerk to observe and digest interactions, arguments, strategy, and tactics that you can’t learn in law school.
Appellate Level
At the appellate level, the pace and tone of the position are very different. The role of the law clerk is primarily research and writing. You can expect to be groomed to become a well-equipped attorney for a law firm. It’s likely that you will learn by spending time with a judge about cases coming before them. They might use this time to test arguments and brainstorm different outcomes of a case. In contrast with a firm, you could end up developing your critical thinking, writing skills, and the practice of law itself with a judge that is experienced with teaching concepts.
Hopefully you’ll consider a judicial clerkship after law school. Although it may seem awfully early to be thinking about this option, remember that some judges are starting to interview first year law students for post-law school clerkships. Come out of the gate strong in your first year. You won’t have the luxury of starting off slow or finding your bearings later on. Getting good grades, especially a strong writing GPA (if your school breaks out a writing GPA), and admission to the school’s law review are even more important for you than for those who plan to head straight to private practice.
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