Clerkships, Job Searches

10 Things To Know About Clerking In The Federal District

Federal district court clerks must be prepared to see the best and worst of lawyering.

By Kate Bally  
on

Ed. note: Welcome to the latest installment of Better Know A Practice Area, a series introducing readers to different practice areas. Each post is written by an editor at Practical Law who previously practiced in that area and currently writes about it. Prior columns have covered capital markets and corporate governance, securities litigation and enforcement, patent litigation, executive compensation, commercial transactions, labor and employment, real estate, startup law, bankruptcy, antitrust, being an in-house generalist, employee benefits law, entertainment law, tax, working overseas, and consumer financial regulatory practice.

Today’s topic: clerking in a federal district court.

  1. What do you do in a typical day?

Read, research, write and repeat is a pretty typical day clerking in the federal district court system. Federal district court clerks find themselves surrounded by some of the smartest people and tackling some of the most interesting legal conundrums. Issues may run the gamut from squabbles over names of commercial products to high-stakes criminal activity. Oral argument may range from the eloquent delivery of thoughtful experts to the over-the-top rantings of frustrated lawyers. Every day brings something new.

Because a judge’s caseload can be overwhelming and there are so many issues to consider, the clerk plays the vital roles of researcher, issue spotter and sanity checker. A judge receives a lot of briefs on many different arguments, and one of a clerk’s most important jobs is to gain a full understanding of that intellectual volley. Perhaps a case doesn’t really stand for the proposition presented. Perhaps a poorly delivered argument really does have legs (they are just hard to see). Some judges are intellectual giants or even Rhodes scholars, so their clerks know they have already considered every angle. Still, a clerk’s highest calling is to make double sure nothing slips through the cracks. A good clerk takes the privilege of that responsibility seriously.

  1. Who do you work with?

Federal district court clerks work with everyone who sets foot in a courtroom. This includes lawyers of all stripes, paralegals, experts, criminal and civil litigants (including pro se litigants), witnesses, court reporters, courtroom deputies, bailiffs, police officers, other judges, other clerks, probation officers, and anyone else who has reason to appear before the judge. The people clerks see most often are the judge, fellow clerks and whoever the judge has staffed to assist in chambers. Clerks may work collaboratively with a court reporter, courtroom deputy, judicial assistant or career law clerk. No matter who the judge sees fit to assist him or her on a permanent basis, it is crucial to know that those are some of the people the judge trusts most in the world, and it is in the clerks’ best interest to listen and learn from them.

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  1. What does a common career path look like?

Most clerks join chambers right out of law school, but others come from the real world of legal practice. One little known fact is that the folks joining up after starting their career enjoy a heftier paycheck than the newbies. Clerking after starting legal practice can be a compelling option for smart, driven lawyers looking for a new intellectual challenge or a change of pace. Clerkships generally last either one or two years, so they are often an introduction to or a slight diversion from a straight shot career path.

  1. If variety is the spice of life, how spicy is this practice area?

Variety is always on the menu for the federal district court clerk. The cavalcade of cases coming down the pike can include constitutional law, intellectual property, federal criminal law, claims against federal agencies, claims involving ambassadors or other international actors, securities law, claims brought in diversity on a variety of topics, and a variety of other allegations. Because there are so many different issues to consider, it is a perfect fit for a curious mind.

  1. How much wear and tear?

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There is a lot of work, and quite enough to keep anyone busy, but clerks can certainly still have a life. The pace is fast, but reasonable. Expectations are very high. Federal district court clerks have competed with some of the best and brightest for this spot, and edged them out. Those in the role must prove they deserve it.

  1. Of the people in this practice group who hate it, what exactly do they hate about it?

Most smart, driven people genuinely like clerking at the federal district court. Some clerks find the experience a bit lonely since it is largely devoted to researching and writing, done solo. However, clerks who make a point of engaging the judge and fellow clerks can make the job more interactive. Clerkships also may not be a fit for those focused on filling a piggy bank. Although clerks will not get rich, they will be set up for success in any future litigation-oriented position by becoming more impressive and knowledgeable candidates. They may even be eligible for a clerkship bonus at their next gig!

  1. Of the people in this practice group who love it, what exactly do they love about it?

They love the intellectual challenges, weighing in on real-world matters and making a connection with someone who may be a life-long friend and mentor.

  1. Are there common avenues out of this practice area?

District court clerks sometimes go on to clerk at the circuit court level. For others, really anything (particularly anything involving litigation) is possible. Clerks have gone on to firms, academia, government, in-house, legal publishing, judiciary and any other career open to lawyers.

  1. What are some market trends that impact this practice area?

Although federal budgets ebb and flow (mostly ebb …), judges will always need clerks, and that does not depend on the market. Even if it did, a clerk’s brief tenure will come and go before the trend has anything to say about it.

  1. If you had to recommend one candidate from a room crowded with recent bar exam graduates, what specific qualities would he or she have that would ensure success in this practice area?

Federal district court clerks must be hard workers with an eye toward detail and an eagerness to learn. Not one candidate comes into the role knowing everything they need to know, so being a quick study and a strong researcher is key. Good clerks are inquisitive. Taking all briefs and arguments at face value will never result in the right decision since all parties are rigorously advocating on behalf of their client. The clerk’s job is to sort the wheat from the chaff to home in on the best and most legally sound result.

Clerks should also adhere to the highest ethical standards. The decisions clerks help judges make have meaningful consequences, and a strong moral compass is necessary to inform judgment calls about the law, the facts and the best possible outcome.

Finally, take good notes! Clerks will see the very best and the very worst of lawyering, and both of those present opportunities to learn.

Kate Bally

Kate Bally joined Practical Law from Littler Mendelson P.C., where she practiced management-side employment law. Previously, she worked at Day Pitney LLP and served as a law clerk to the Honorable Stefan R. Underhill, US District Court, District of Connecticut. Kate is the Director of Practical Law’s Labor & Employment Service.

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