clerking for a judge doesn't teach a person how to be a lawyer

by Dr. Everett Langosh 6 min read

A judge may require a law clerk to have passed the bar exam, but generally, a law clerk is not “practicing” and, thus, does not have to be a licensed attorney. There are two types of clerkships: term clerks and career clerks. Term clerks often serve in the position for 1 to 3 years.

Full Answer

What is it like to be a judicial law clerk?

It’s especially prestigious to serve as a clerk for a high-level judge such as a Justice of the Supreme Court. “Clerking” is just legal jargon for “serving as a clerk”; an example of “verbing.” Further to John Greyson’s excellent answer, in Canada judicial law clerks are normally students, not licensed lawyers.

Should you clerk or not?

To Clerk Or Not To Clerk… It’s Actually Not Much Of A Question The reason to clerk is that you will learn more during that year than you will during the same period of time in any other sort of legal job.

Can a law clerk be a mentor to a judge?

While this does not happen between every law clerk and judge, the possibility of having such a sage voice, who also happens to have life tenure, in both your ear and corner should be remarkably appealing. A note of caution though as sometimes this mentor/mentee relationship can veer too far into a deity/worshiper relationship.

Should clerks meet governmental attorneys?

Again, if your clerkship is at the trial level, you should have ample opportunity to meet and impress these governmental attorneys, especially if you are handling a substantial criminal docket.

What does clerking for a federal judge mean?

The judicial clerk is a full-time assistant to the judge and usually performs a wide range of tasks, including legal research, drafting of memoranda and court opinions, proofreading, and cite checking.

Why are judicial clerkships good?

A judicial clerkship provides the opportunity to hone research and writing skills while being exposed to a wide variety of legal issues. Furthermore, a clerkship offers insight into the judicial process and provides practical familiarity with the litigation process.

Is judicial clerkship hard?

It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges.

Can a judge write a letter of recommendation for a clerkship?

This does not reflect your performance, just the fact that judges don't always feel comfortable recommending a student to their peers. However, the judge may agree to have their clerk write a letter for you, as long as the judge is given an opportunity to approve the content.

What are clerkships like law?

A judicial clerkship is a position a pre-law student obtains in the chamber of a judge. Clerkships may be state court clerkships or federal court clerkships. Clerkships, which usually last from one to two years, give the pre-law student the opportunity to serve as a judge's personal attorney.

How important is a law clerkship?

Most lawyers change jobs during their career, and having a clerkship shows that you are a highly capable lawyer, improving your value regardless of the type of work you do. And, you will be more competitive for postgraduate fellowships, scholarships, internships, and government honors programs.

Is being a judge prestigious?

Working as a judge is a lucrative and prestigious calling that usually offers extensive insurance benefits, sick leave, vacation time, and a pension after retirement. The federal and state government offer their elected and appointed judges immunity protection to avoid facing civil lawsuits for official conduct.

What grades do you need for a clerkship?

What kinda grades are competitive for an appellate clerkship? It's going to depend on school to a certain extent, but generally you're going to want to be in the top ten percent of your class or so to get interviews. Most successful candidates will be towards the top of that range.

Why are clerkships important?

A clerkship allows you to experience a variety of cases with different substantive law and procedural issues that ultimately improves your general knowledge of law and its application. A clerkship will help you decide which practice area is right for you.

Can a judge give a reference?

There is no objection in principle to a judge giving references for character or professional competence for people whom he or she knows well.

What do judges look for in clerkships?

It varies. Some judges place great emphasis on grades, and grades are important, but they are not the most important factor for all judges. "I always make a Final decision after a personal interview, and, on balance, I prefer applicants who are well-rounded and have the ability to get along with other people.

How do you address a judge in an interview?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”

How to become a federal judicial clerk?

In order to become a federal judicial clerk, an applicant must have completed his or her J.D. degree and be a U.S. citizen. A non-citizen of the United States may be employed by the federal judiciary to work for courts located in Puerto Rico, Guam, the Virgin Islands, Northern Mariana Islands, and Hawaii.

What is a judicial clerk?

A judicial clerk is often responsible for various administrative tasks such as maintenance of the docket and library, assembling documents, or other administrative tasks necessary to meet the many obligations of the judge.

What do judicial clerks do in Indiana?

Each justice has two clerks with the exception of the chief justice who has three. Clerks are primarily responsible for reviewing the trial record, researching the applicable law, and drafting legal memoranda and court opinions. Clerks also attend oral arguments before the court. Students interested in a clerkship opportunity should apply during the fall semester of their second year. Find more information on the Indiana Supreme Court and on the justices.

How long does a judicial clerkship last?

Usually lasting one to two years, a judicial clerkship is an excellent way to bridge the gap between law school and the practice of law. Clerks at all court levels obtain unparalleled access to and knowledge about the judicial process.

What is a clerk in law?

Clerks are primarily responsible for reviewing the trial record, researching the applicable law, and drafting legal memoranda and court opinions. Clerks also attend oral arguments before the court. Students interested in a clerkship opportunity should apply during the fall semester of their second year.

How much does a judicial clerk make?

Yearly salaries usually fall somewhere in the low-$30,000 to mid-$50,000 range. The median salary for judicial clerks is around $54, 000.

How many clerks are there in federal court?

There are two different clerkship options at the federal trial court level. First, there are several hundred active U.S. District judges across the country, most of whom have two law clerks. Second, U.S. District magistrate judges frequently hire judicial clerks.

Description

Clerking for a judge (whether state or federal) right after law school is a coveted position for many reasons: (1) It gives you a birds-eye view of how judges’ decisions are made which can inform your knowledge of the law moving forward; (2) You can watch great lawyers at work (or not so great ones and learn from them); (3) You will be exposed to various practice areas; (4) You’ll improve your writing skills; and (5) You’ll have a mentor for life.

Speakers

Veena A. Iyer, Shareholder, Nilan Johnson Lewis, Minneapolis, MN Clayton LaForge, Associate, Latham Watkins, Washington, D.C.

What is a clerkship in law?

A clerkship will enable a young attorney to become fluent in a jurisdiction's code of civil procedure. Judicial clerks go through a common set of procedural metrics in deciding whether to advise a judge to grant or deny a motion. For example, a motion cannot be granted unless a sufficient amount of time has passed between the service of the motion and the hearing date on the motion for due process to be afforded. This procedural requirement is repeatedly reviewed by a judicial clerk on a daily basis and, thus, the relevant timing and code section quickly becomes memorized.

Why is a clerk a public servant?

A law clerk is a public servant because he or she helps a judge adjudicate disputes between entities and members of the public. Necessarily, law clerks help settle disputes and enable litigants to get past their quarrels.

What is internal pressure in the court system?

The primary internal pressure courts grapple with is their allocation of limited resources to address matters in a timely fashion . Simply put, this means judges have little time to address many matters.

Can a first year associate work with a seasoned attorney?

It is unlikely that a first-year or second-year associate will be able to work directly with a seasoned lawyer unless working at a small or boutique law firm. Rather, such new attorneys would likely work with mid-level or senior associates. This could be a great experience. However, working for a judge who had practiced law for twenty years, or more, will expose a fresh lawyer to a greater pool of knowledge.

How far into the future can a clerkship be?

When the duration of your clerkship extends too far into the future, firms are hesitant to guarantee you a spot, if for no other reason than the fact they cannot project what their needs will be three, four, five, or six years into the future. Sponsored.

Do law firms pay for bar prep?

Law firms are likely to treat you as they would any incoming associate, including paying for items such as a bar prep course, which can get quite expensive. There’s also the piece of mind that comes from being able to focus solely on your clerkship, as opposed to what you are going to do afterwards.

Is a clerkship a finite duration?

By their nature, clerkships are of a finite duration, unless you happen to land a permanent clerkship right out of law school, an event that is highly unlikely unless you happen to share the same family tree as the judge in question. And even if you string together multiple clerkships — back in my summer associate days, ...

The reason to clerk is that you will learn more during that year than you will during the same period of time in any other sort of legal job

Last month, when discussing whether or not rising 2Ls should try to get onto a journal, I said of judicial clerkships “the utility of which will be the subject of a future column, but for now, I will simply say that you should, especially if you have a scintilla of interest in litigation.”

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