We encounter many candidates who express an interest in pursuing a judicial clerkship.  This article is the first in a series of articles about the clerkship experience, intended to provide helpful information for lawyers and law students considering the clerkship (or judicial internship) path.  Subsequent articles in this series will cover related topics like whether a clerkship is right for you, the application process, and the important distinctions between a District Court clerkship and a Circuit Court clerkship.

The reasons for seeking this kind of opportunity are as wide-ranging as the kinds of candidates we represent.  In many cases, young associates will seek a judicial clerkship one or more years into practice as a way to “reset” their careers, ensure a graceful exit from a firm / practice where they are not fulfilled and to seek a new opportunity – either in the public sector or in a new firm practice.  Clerkships allow young lawyers to gain valuable experience under the tutelage of a judge and his / her staff.  Furthermore, at the conclusion of the clerkship, a successful and bright clerk may find it useful to have the backing of their respective judge in the subsequent interview process.

The scope of these articles will be limited to United States District Court and United States Court of Appeals term and career clerkships, internships and the associated application processes.

While it’s clear that there is a considerable diversity of applicants for judicial clerkships in this market, it is also true that both historically and currently, the great majority of clerks are new law school graduates who enter and leave those clerkships with the offer of an associate position at a law firm.  However, the gyrations in the job market combined with recent, economic market conditions have resulted in a marked increase in clerkship applications from associates with one or more years of experience after law school.  This fact, coupled with increased competition from applicants still in law school caused by the contraction of law firm hiring, is a factor to weigh heavily when considering whether pursuing a clerkship is worth your time and effort.

While judicial clerkships are valuable and can help young lawyers develop a substantive  skill set that may not be attainable within the first few years of a law firm practice, undertaking a clerkship as a law firm associate is not without some risk.  To avoid any appearance of impropriety or bias, law firms must completely terminate the employment of an associate-turned-clerk before the clerkship begins.  It is our experience that law firms typically informally hold the door open for the associate to return at the conclusion of the clerkship, however these offers are typically subject to change or withdrawal, based on alterations of agiven law firm’s practice groups, a contraction in business or for no reason at all.

Even assuming the risks are tolerable for you, associates contemplating a judicial clerkship should carefully weigh the advantages and risks of this kind of career move based on their particular circumstances, their individual academic and professional credentials, and their desired career path.  As we dig more deeply into these topics in future articles, we will endeavor to address as many questions as possible but feel free to email us if you would like to have an individual discussion based on your situation.

The next articles in this series will cover the following topics:

  • U.S. District Court Judicial Clerkships
  • U.S. District Court Judicial Internships
  • U.S. Circuit Court Clerkships
  • The Application Process, Details and Timing

 

 

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One Response to “Judicial Clerkship Series: Introduction”

  1. Chris Miller says:

    A quick read, today’s New York Times article on the competitive universe of Federal Judicial Clerkships has similar themes to our article from earlier this week. Future articles will cover the application process and how to stay in front of the pack.
    http://www.nytimes.com/2011/09/24/business/judges-compete-for-law-clerks-on-a-lawless-terrain.html?_r=1&hp&gwh=DD8F911FB3FFD4BBDB02E19AD078F2FA

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