Wealthy Applicants Have A Much Easier Time Applying For Clerkships

But there are reforms that should be made to ameliorate the problems faced by less-wealthy clerkship applicants. 

This column has already discussed how wealthier individuals have an easier time getting admitted to top law schools and succeeding as law students.  These articles generated a lot of positive feedback, and I think many people can relate with the struggles that less-wealthy individuals face when they navigate law school and enter the legal field.  Some folks have told me that wealthy individuals have an easier time with pretty much everything in life, so it’s a waste of time to discuss how wealthy people have a leg up in law school and the legal profession.  However, I think it’s important to detail how wealthy individuals have certain advantages in the legal arena so that people can have different perspectives.

Along with enjoying advantages when it comes to applying for law school and succeeding as law students, wealthy applicants also have an easier time applying for prestigious clerkships.  Many people might believe that the clerkship hiring process is pretty meritocratic, and that wealthy folks have the same opportunities as everyone else.  However, there are a number of advantages that wealthy individuals have in the clerkship application process which makes it easier for them to secure top clerkship opportunities.

As many readers of this website likely already know, student loans can make it very difficult to accept a clerkship.  Since law school graduates usually have mountains of debt, many recent graduates feel compelled to work in higher-paying jobs right out of law school rather than accept clerkships.  Indeed, this was the main reason that I did not seriously consider clerking after graduating from law school.  At the time, I had almost $200,000 of student loans, and close to $15,000 in interest would accrue on this debt every year I spent clerking.  Of course, some firms offer clerkship bonuses to associates.  However, unless you secure a top clerkship, and work at a good firm, you will likely receive little or no extra money just because you clerked.

Many less-wealthy clerkship candidates also do not have the funds to travel around the country to interview for clerkship opportunities.  A good clerkship application strategy usually requires that candidates cast a wide net and apply to clerkships in different locations.  However, it can be difficult to pay for travel expenses to interview for multiple clerkships, since airfare, hotels, and other costs can really add up.  In fact, the only clerkship for which I interviewed was for a state supreme court justice that came to my law school to interview clerkship candidates.

Of course, many Biglaw firms reimburse travel expenses for candidates who interview for positions, and this enabled me to take additional Biglaw interview offers that I might not have been able to accept if I had to pay for travel on my own.  However, clerkship candidates usually must cover their own travel expenses when interviewing for clerkships.  The travel expenses associated with interviewing for multiple clerkships across the country can limit the number and quality of clerkship opportunities less-wealthy applicants have.

In addition, from my own personal experience, wealthy individuals usually have more connections that can help them secure clerkship opportunities.  Indeed, I know of several wealthy people who did not have the credentials you would expect of a federal or state appellate clerk, but were offered clerkship since their parents had connections.  Although we sometimes think of the clerkship application process as being relatively meritocratic, wealthy applicants can get a boost because of their contacts.  Indeed, this was a small plot point in the book Supreme Ambitions (affiliate link), written by Above the Law’s David Lat (which everyone should read!).  In any case, wealthy clerkship applicants usually have more connections, which can give them a leg up when applying to clerkships.

Failing to pursue a clerkship can be a huge disadvantage for many lawyers.  Some elite firms usually only hire lateral candidates if they have completed a clerkship.  In addition, it is more difficult to become a judge or enter certain government roles if you have not completed a clerkship.  For instance, much digital ink was spent this past summer discussing how Judge Thomas Hardiman was less of a contender for a coveted Supreme Court nomination because he never completed a clerkship.  Judge Hardiman came from a working-class background, and he was likely pressured to take a firm job right after graduating from law school due to some of the financial pressures he faced.  This and other examples show how the difficulties many less-wealthy applicants face during the clerkship application process can have far-reaching implications on their legal careers.

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There are reforms that institutions within the legal profession can take to ameliorate the problems faced by less-wealthy clerkship applicants.  For instance, more law schools should make funds available to reimburse student for their travel expenses to and from clerkship interviews.  This would also benefit law schools, since some law school rankings (including the Above the Law rankings) consider the number of graduates clerking when ranking law schools.  In addition, institutions within the legal profession should not negatively judge individuals who did not complete clerkships, since they might have had financial pressures that prohibited them from clerking.

All told, wealthy applicants have a much easier time applying for clerkships, just like they have an easier time with other aspects of their legal careers.  Reforms can be implemented to fix this issue, and individuals should keep this information in mind when judging a person’s decision not to pursue clerkships.


Jordan Rothman is the founder of Student Debt Diaries, a personal finance website discussing how he paid off all $197,890.20 of his college and law school student loans over 46 months of his late 20s. You can reach him at Jordan@studentdebtdiaries.com.

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