As many people within the legal profession know from firsthand experience, clerkships with state and federal judges can be a great opportunity for recent law school graduates and others to acquire valuable skills. Clerkships can also be a solid way to build one’s resume and set up a foundation for future opportunities. As mentioned in a few prior articles, I was not able to seriously pursue a clerkship because I wanted to pay off my student loans as soon as possible, and I wanted to enter Biglaw after graduating law school to have the biggest impact on my student debt. However, I wish I had completed a clerkship, and more people should consider forgoing higher-paying jobs to pursue clerkships in many circumstances.
After leaving Biglaw, I worked for a few years at a “street law” shop where I gained practical experience in litigating by going to court, arguing motions, and taking depositions frequently. I consider this time to be the best experience I had in learning the practical nuts and bolts of litigation. Nevertheless, I have come to realize that this experience only taught me one side of litigation. Indeed, I only learned how lawyers managed, handled, and processed litigation matters.
However, I never ascertained how judges and courts manage, handle, and process litigation matters. I never learned which types of arguments might be most persuasive and how to break down an argument in a way that was most likely to be easily digested by a court. I generally was unable to get into the psyche of judges and court officers and understand how they processed matters and how to be the best advocate for my clients.
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However, people who clerk for judges might have perspective on such matters. In fact, people who clerked are always talking about how they handled similar situations on the other side of the equation and which practices they liked and other practices that were not that persuasive. This perspective is extremely valuable and is very difficult to obtain outside of clerking. Of course, the longer I litigate, the more perspective I gain about judges, courts, and the judicial process. However, nothing compares to peaking around the curtain and actually witnessing how the judicial sausage is made.
Another reason why I wish I clerked is because of the opportunities this credential could have had on my career. Of course, everyone understands how clerking can be an impressive experience that can be helpful on job applications since legal professionals understand the solid training that clerks usually receive. However, becoming a clerk also often means that individuals are part of a network of people who also clerked for the same judge.
People who clerk for a judge usually find kinship with other people who also clerked for that same judge. In this way, clerking is similar to a fraternity or sorority since all of the people who clerked for a judge have a connection to the same person. For some judges who have been on the bench for a long time, this “alumni” network can be substantial. Indeed, one of my first bosses, who was in his early 60s, clerked for the same judge that my classmate from college was clerking for and they shared a common bond. Of course, the network established by clerking for a judge varies from judge to judge, but the benefits of this connection can be substantial.
I also wish I completed a clerkship for the practical skills that clerks learn from the tasks they complete while working for judges. Clerks are often tasked with drafting opinions and orders for judges, which seems like an interesting process. While reading briefs and papers needed to decide motions, clerks likely can see all types of lawyering and can adopt the best methods they see for their own practice when they work for other legal organizations. In addition, the process of writing a decision or order must sharpen one’s ability to distill information and convey those details efficiently.
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Moreover, having an inside perspective of the internal politics involved in the judicial process must be eye-opening. Appellate judges often need to convince their colleagues to make decisions, just like the advocates before them need to persuade the judges to side with their position. Understanding how decisions are made in this environment can be enriching for practitioners once they leave their clerkship. Moreover, getting inside the mind of a judge is critical to good advocacy, and clerks are far more likely to have this understanding. For instance, I have a friend who clerked who told me how judges often frame their decisions on strong technical grounds so they can make decisions with the least amount of work possible and that judges try above many other goals to avoid being overturned on appeal. This former clerk also suggested ways to litigate with these considerations in mind, which enriched our client’s chances in front of the tribunal.
All told, clerkships are a valuable opportunity that can enrich one’s career and offer substantial perspective. Individuals should try not to let financial considerations get in the way of completing a clerkship, and I can say from firsthand experience that I regret never completing a clerkship.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at [email protected].