Behind the Bench: The Guide to Judicial Clerkships

By Debra M. Strauss, Esq.

TABLE OF CONTENTS (DETAILED)*

About the Author
Dedication
Acknowledgements
Introduction

PART I:
TO CLERK OR NOT TO CLERK

1. The Value of a Judicial Clerkship

• What Exactly is a Judicial Clerkship?
• The Value of a Judicial Clerkship
• A Future Career in Government
• The Appeal for Law Firms
• An Essential Credential for Academia
• The General Effect on a Career
• Possible Disadvantages of a Clerkship
• Some Empirical Support From Your Peers
• To Clerk or Not To Clerk

2. The Keys to Success in Finding a Clerkship

• What Does It Take To Get a Judicial Clerkship?
• Strategies for Success
• Evaluate Your Objectives
• Conduct a Self-Assessment
• Keep an Open Mind
• Remember the Golden Rule
• Do Your Research
• Build a Successful Application
• Understand the History of the Timing
• Master the Timing of Your Applications

PART II:
COURTS AND CLERKSHIPS

3. A Collection of Clerkship Opportunities

• The Judicial Clerkship Experience
• Clerking for a Trial Court
• Clerking for an Appellate Court
• Other Functions of a Law Clerk
• Types of Clerkships
• “Elbow” Law Clerk
• Staff Attorney or Court Clerk
• Pro Se Clerk
• Term versus Permanent (or Career Clerk)
• Temporary Clerkships
• A Judicial Internship or Externship

4. An Overview of the Courts

• Federal Courts
• U.S. Supreme Court
• U.S. Court of Appeals
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Armed Forces
• U.S. District Court
• U.S. Magistrates
• U.S. Bankruptcy Court
• Specialty Courts
• State Courts
• Administrative Agencies
• International Courts / Other

5. Choosing a Court That’s Best for You

• Type of Court – Federal versus State
• Level of Court – Appellate versus Trial Court
• Geographical Location
• Specialized Subject Matter – Types of Cases
• Financial Considerations
• Prestige of Court / Competitiveness
• Some Interesting Statistics From Your Peers
• A Personal Note

6. Choosing a Judge Who’s Best for You

• Ideology and Background
• Judicial Style / Personality / Atmosphere in Chambers
• Types of Cases and Amount of Work / Tasks of the Law Clerk
• Reputation of the Judge / Prestige
• Mentor Relationship
• Demographic Characteristics of the Judge
• Clerkship Term
• Special Status of the Judge
• Chief Judges
• Senior Judges
• New Appointees
• Supreme Court Feeders
• Connection to the Judge
• Connections to Your Law School
• Connections to Your References
• Personal Connection to the Judge
• More Interesting Statistics From Your Peers
• A Final Note on These Criteria

PART III:
THE NUTS AND BOLTS

7. Building a Successful Application

• The Timing of the Application
• The Elements of the Application
• The Number of Applications
• The Cover Letter
• The Resume
• Letters of Recommendation
• The Writing Sample
• The Transcript

8. Interviews, Offers, Acceptances, and Alternate Outcomes

• The Clerkship Interview
• Scheduling the Interviews
• Communications with Chambers
• Preparation for the Interview
• Dress Code
• The Content of the Interview
• Sample Questions a Judge May Ask
• The Importance of Chambers Staff
• Sample Questions to Ask the Judge and Clerks
• Thank You Letters and Follow Up
• Costs of the Application and Interviewing Process
• Offers and Acceptances
• The Risk of “Exploding” Offers
• The Etiquette of Acceptances
• Alternate Outcomes: Encouraging Another Try
• The Evaluation Process
• The Random Factor / Element of Fate
• Changing Your Outcome: Renew Your Strategy and Apply Again
• Clerking a Year or More After Law School

9. What Do Clerks Earn?

• Clerkship Salary
• Federal
• State
• Citizenship Requirement
• Financial Differential
• Financial Assistance and Loan Deferral
• Shorter Clerkship Term
• Working Elsewhere for a Year First
• Clerkship Bonus
• Seniority Credit and Advancement
• Non-Monetary Benefits

10. Preparing for Your Judicial Clerkship

• The Value of Your Clerkship
• Working Relationships, Attitude, and Atmosphere
• The Law Clerk’s Bible
• Ethical Considerations
• Law Firm Offers and Bonuses
• Bar Exam and Graduation Requirements
• Research and Writing Tips
• Feedback for Others

11. The Ultimate Prize: Clerking for the U.S. Supreme Court

• Feeder Judges
• Post-Clerkship Work Before Applying
• Apply More Than Once
• How to Apply
• Comments From a Supreme Court Clerk
• The Role of the Supreme Court Clerk
• A Note on the Judicial Fellows Program
• Information on the Supreme Court and Justices

12. Lessons and Advice Directly from the Judges

• “Lessons from a Clerkship”
• “Clerking in the Chambers of a Magistrate Judge”
• “On the Impact of a Clerkship Experience”

PART IV:
RESOURCES FOR PROSPECTIVE JUDICIAL CLERKS AND THEIR LAW SCHOOLS

13. Tools for Research: Where to Look For Information on Courts, Judges, and the Like

• The Best Resources
• Printed Sources
• Directories of Contact and/or Background Information on the Judges
• Clerkship Availability and Application Information
• Judicial Nominations and Confirmations
• Additional Reading on Courts and Clerkships
• On-line Sources
• Other Computer Resources for Directories, Judicial Opinions, and News
• LEXIS-NEXIS®
• WESTLAW®
• People to Consult
• Conclusion

14. Minorities, Women, and Clerkships

• The Demographic Reality
• Toward the Goal
• Innovative Programs
• Law Schools
• Bar Associations
• The Judiciary
• Specialized Resources
• Organizations to Consult
• Strive for Diversity

APPENDICES

A. Proper Forms of Address
B. The Federal Courts by Circuit, District, and Location
C. Code of Conduct for Judicial Employees
D. The National Judicial Clerkship Study: Executive Summary and Action Plan
E. Data on Minorities, Women, and Clerkships from the National Judicial Clerkship Study
F. Law Schools: The Ways You Can Help Your Students

*For ABBREVIATED TABLE OF CONTENTS, click here.

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