Originally published in Student Lawyer , November 2002 (Vol. 31, No. 3)

There’s still time to apply if you want the unparalleled experience of clerking for a judge, but you may have to look in places that aren’t obvious

by Donna Gerson

Clerking for a judge full time after graduation can be a wonderful career opportunity. For many students, however, finding a clerkship can be a daunting prospect. This is especially true if you limit yourself to the 1,200 or so trial and appellate judges on the federal bench.

You’re likely to be more successful if you broaden your clerkship search to the approximately 29,000 state and local judges throughout the United States, many of whom hire law graduates to work full time. State and local clerkships offer outstanding practical experience with more flexible application criteria than those of their federal counterparts.

Many students who think about judicial clerkships focus solely on federal clerkships. But the availability of those positions is limited, and early application deadlines and strict credentials requirements rule out most students.

This isn’t usually the case with state and local clerkships. Judges on those benches often review applications and conduct interviews when candidates are well into their final year of law school. So if you’re graduating this year and looking for job opportunities, it’s still a good time to research state and local clerkship positions. If you’re a first- or second-year student contemplating your options, you can begin thinking about clerkships, how they work, and when to apply.

What exactly does a judicial clerk do? Pittsburgh bankruptcy lawyer Pamela Royesky knows. After graduating from Capital University Law School in 1996, she clerked for Washington County, Pa., Judge Debbie O’Dell.

"I learned local procedural rules—the practical, day-to-day information they don’t teach you in law school—observed dozens of trials and hearings, and developed an ongoing mentor relationship with my judge," Royesky recalls. Based on her clerkship experience and the role it played in landing her current job, she says she "would absolutely recommend this experience to any law student."

Although job descriptions and expectations vary from judge to judge, law clerks typically perform legal research and write summaries of briefs and motions. They also draft bench memoranda, the internal reports that explain the causes of action and legal precedents for making a decision in a particular case. In some instances, clerks write draft opinions. Some judicial clerks are responsible for maintaining the law library and related duties to ensure the smooth running of the courtroom.

The durations of clerkships vary. Most positions last one or two years, and some provide the option to renew based on the clerk’s performance and the court’s need. In addition, some state courts have permanent clerk positions. These clerks often serve many judges from a central office, handling overflow work and special assignments.

Pros and cons of clerking

Clerking for a judge can produce many benefits for your short- and long-term career prospects. First, you’ll obtain in-depth legal research and writing experience. You’ll spend most of your day researching cases, learning to distinguish fact patterns, making decisions, and communicating with the judge about your conclusions. As a result, your writing and research skills will improve.

Second, you’ll gain knowledge of practical lawyering skills, such as local procedure and how to file pleadings and present motions. This will help you stand out from the pack when you apply for future legal jobs.

Third, you’ll learn how to be an effective advocate by observing trials and arguments on a regular basis. This enables law clerks to study different styles and tactics and to use that knowledge in their future practice. Spending time in court also means you’ll meet members of the bar who may be in a position to hire you after your clerkship ends.

Fourth, if you’re fortunate to develop a close relationship with a judge who’s interested in your professional development, you can build a mentoring relationship that will outlast the term of your clerkship.

Finally, clerkship hours tend to be regular, with scheduled lunch breaks and vacations. This may appeal to those who seek interesting work but want time for other interests. Clerking for a judge usually means you can develop solid professional skills while enjoying a life outside the office.

Although clerking has its advantages, there are some drawbacks. Chief among them are clerkship salaries, which typically range from the low 20s to the high 40s. Moreover, courts don’t offer the perks that many law firms offer, such as stipends for bar exam prep courses, moving expenses, and signing bonuses. Thus, it’s wise to determine your post-graduation financial obligations before pursuing a clerkship. Keep in mind, however, that although clerkship salaries are relatively low, you might look at the arrangement as a short-term investment in your long-term career development.

Finding clerkships

How do you learn about judges who are hiring? Many judges advertise clerkship openings through law school career services offices. Check your school’s career services postings regularly, whether through the bulletin board, weekly newsletter, or e-mail distribution list.

If you’re looking for an out-of-town clerkship position, you can request career services reciprocity from law schools in the location that interests you. To learn about clerkship openings, you may be able to check these schools’ career services web sites or stop by their offices in person during a break or on vacation. Ask your school’s career services office to explain their reciprocity policies and procedures to you.

Playing the waiting game to hear about judges who are hiring is only a small part of a successful clerkship search. To tap into a much wider set of clerkship opportunities, you’ll need to conduct your own research. In many instances, judges who haven’t advertised an opening are, in fact, looking for clerks or plan to hire soon. (See "Student Networks Her Way to a Clerkship," below)

Begin your research by learning the basics of state and local court systems, and how various courts relate to the clerkship experience.

Trial judges hear cases of first impression, along with pretrial and discovery motions (unless one judge is assigned to handle all pretrial matters exclusively). Trial courts tend to be more interactive than appellate courts, with busy dockets and lots of action.

Appellate judges hear appeals from trial courts and, in rare instances, cases of original jurisdiction. As such, appellate courts tend to have more predictable schedules for hearing appeals and fewer opportunities to see lawyers in action.

In smaller court systems, trial judges typically handle all sorts of cases, both civil and criminal. But some local trial judges, particularly in larger metropolitan areas, are organized into divisions specializing in areas such as family law, juvenile law, civil litigation, probate law, or criminal law. Therefore, if you’re interested in becoming, say, a trusts and estates lawyer, you might want to research trial judges who handle probate matters exclusively. Not only will you gain practical, specialized knowledge of the field, but you’ll also be likely to meet local estate lawyers who may be in a position to hire you someday.

That’s the strategy taken by Peter Kaldes, a 2000 graduate of the University of Pittsburgh School of Law. He wanted to learn about complex commercial transactions and litigation, so he applied for and secured a clerkship with the newly created Commerce Program of the Philadelphia County Court of Common Pleas Civil Trial Division.

Once you develop a working knowledge of the types of state and local courts, pay a visit to your career services office. There, you’re likely to find several judicial directories, such as State Court Clerks & County Courthouses (WANT Publishing, 2002), Federal-State Court Directory (WANT Publishing, 2002), and the Judicial Yellow Book (Leadership Directories Inc.). These books list judges by city, state, and county, which is particularly useful if you focus your search geographically.

Judicial clerkship resources also are available online. The National Center for State Courts (www.ncsconline.org) offers links to state, local, and municipal courts on the Internet. Follow the links from "Court Web Sites" to "State Court Web Sites" for detailed information on a state-by-state basis.

In addition, informative judicial clerkship guides can be found on JURIST: The Legal Education Network (www.jurist.law.pitt.edu). Follow the links from "Law School" to the section on "Judicial Clerkships."

Finally, access LexisNexis to find the NALP Judicial Clerkship Directory, which also should be available in print at your career services office.

Directories with judges’ names and addresses are not job postings, however. While it’s easy to identify clerkship positions when a judge advertises a position, a great deal of hiring takes place on a more ad hoc basis. Therefore, if you’re serious about working as a judicial clerk, you’ll need to phone the chambers of individual judges who interest you and ask their secretaries about whether the judge hires law clerks. Perhaps they know if other judges in the court are hiring, as well.

Before applying, talk to your law professors or career services office about the reputation of judges they know. Follow news stories about the judiciary and beware of judges who may have questionable reputations or notoriously difficult personalities. It won’t help your career to clerk for a judge who’s impossible to please or, worse, being investigated for ethical violations.

Network at law school functions where judges may be in attendance. At many schools, moot court competitions are presided over by local judges, some of whom may be in the market for law clerks. Judges have been known to hire promising moot court stars and other standout students who express an interest in clerking.

Applying and interviewing

Once you’ve completed your research and are familiar with the market, you can begin the application process. The typical state or local judicial clerkship application consists of a cover letter and résumé (but be sure to find out from the judge’s chambers if there are other materials the judge wants to see). Cover letters should be sent directly to the judge, who should be addressed as "The Honorable _____________," followed by the court’s official name in the second line.

In your cover letter, clearly state your commitment to serving as a law clerk and explain your motivation for doing so. Highlight research and writing skills, along with your interest in a particular practice area (if the judge serves in a corresponding division). Be sure to emphasize any moot court activities and clinic experiences, along with relevant work experiences such as internships with judges. If you’re applying for an out-of-town clerkship, briefly explain your motivations for wanting to locate in that particular city.

Be sincere and try to connect your interest in clerking with the judge’s needs. Presiding Judge Moshe Jacobius of the Domestic Relations Division, Circuit Court of Cook County, Ill., looks for a demonstrated commitment to family law, as evidenced either through course selections or prior work experience. "I don’t want to hire someone who’s just looking for a job," he says.

After you send your cover letters, it’s time to wait and see. There’s no formula to guarantee that X number of cover letters sent equals Y number of interviews. It depends on the selectivity of the judge and other factors beyond your control. It might be helpful to call the judge’s staff to inquire about your application, so long as you make just one call and keep your request friendly and short.

If a judge or staff member calls to arrange an interview, schedule one as soon as possible, because hiring often is done on a rolling basis. Courts typically don’t pay job candidates for travel to and from interviews, so keep this in mind when strategizing about your search. If you land an interview in another city, you might call the chambers of other judges in that area to reiterate your interest and try to make your travel more cost-effective by securing other interviews. Widening your job search in this fashion has the added benefit of increasing your odds of being hired.

Prepare carefully for your interview by researching the judge’s most recent opinions. Formulate some thoughtful questions to ask about the scope of your responsibilities or the judge’s judicial philosophy. Be prepared to talk about your credentials and to engage in some hypothetical problem solving with the judge. Some judges are known to give candidates writing tests using hypothetical fact patterns.

Bring several writing samples to your interview and be prepared to discuss them in detail. More than grades, your writing samples and ability to demonstrate your analytical skills will weigh in your favor during the interview process. It’s therefore a good idea to develop excellent writing samples during law school through clinic experiences or judicial internships.

In addition to demonstrating your skills and legal acumen during the interview, you’ll also need to focus on interpersonal skills. Compared to larger law firms, judges’ chambers are small, close-knit enterprises. That means there’s a strong emphasis on collegiality, or, as one former law clerk put it, "clicking" with the judge and staff.

Your interview actually begins before you walk into the judge’s chambers. Be polite to the judge’s secretary and other staff when scheduling your interview date and when presenting yourself for your interview. A judge’s secretary can wield lots of influence, so be considerate at all times. Remember that you’re accountable for everything you say, even when chatting with the current law clerk.

When you interview, observe the working environment in the chambers and determine if the office style meshes with yours. Is the office formal or laid back? Do you like the office staff, or do you feel intimidated? Do you feel comfortable there? Be honest about your feelings, because you may be part of this office for at least a year.

In closing your interview, be prepared for the possibility that the judge may extend an offer on the spot, an experience clerks often report. It therefore can be appropriate to reiterate your sincere interest in the position by saying something like, "I really enjoyed speaking with you about the clerkship position. Clerking is something I’ve always dreamed of doing. When do you need your next clerk to begin work?" This sort of direct closing question helped Pamela Royesky land her clerkship. She interviewed with Judge Seneca on a Friday, secured the offer immediately, and began work on Monday.

If the judge makes an offer on the spot and you want the job, you should accept right then and there. On the other hand, if you’re not feeling sure about the position for whatever reason, it’s appropriate to delay your decision until you’ve had a brief time—24 hours at most—to consider your options. Don’t play hard to get, but don’t accept a job offer under pressure, particularly if you’re having reservations. Once you accept an offer of employment, you are committed to your promise and should not explore other options that may arise.

Clerkships confer many long-term benefits, including the potential to gain a lifelong mentor and segue into the legal profession with confidence. Research the broad variety of options and determine for yourself whether a clerkship is the right career move for you.

Student Lawyer Jobs columnist Donna Gerson clerked for Judge Abraham J. Gafni of the Philadelphia County Court of Common Pleas from 1990 to 1991.

Student Networks Her Way to a Clerkship

Investigating clerkship opportunities on your own, outside the parameters of advertised positions, can produce results. That’s how Tiffany Allen, now a lawyer with the U.S. Department of Labor in Washington, found her clerkship with the District of Columbia Superior Court.

Allen, a 2000 graduate of the Catholic University of America School of Law, knew she wanted to clerk following graduation because of a positive internship experience she had with a local trial judge. She understood that finding a judge with the right personality and work style was essential to a good clerkship experience. "I knew a few law clerks who had difficult clerkship experiences because they didn’t mesh well with their judges," she says.

Allen sought the advice of two former law professors, both of whom served as judges in the D.C. trial court system. The professors gave her the names of several local judges they thought might be well suited to working with Allen. They suggested Allen contact the judges to see if they were hiring and offered to serve as references.

Eventually, Allen landed an interview with Judge Noel Kramer, who hired her in January of her third year. Even though Kramer presided over criminal matters—not Allen’s primary interest—the two clicked in terms of personal style, organizational ability, and midwestern sensibilities. (Allen grew up in Indiana, and Kramer is from Michigan.)

As a result of her independent research, Allen had a "demanding, but wonderful experience" handling matters on the D.C. Superior Court’s Accelerated Felony Trial Calendar.

—Donna Gerson