Last month, Student Lawyer offered rules for applying for a judicial clerkship. Now it's time to pay attention to the clerkship interview process

by Debra M. Strauss*

You've mailed your judicial clerkship applications and are waiting for a reply. Before the judge's chambers calls, it's a good idea to start thinking about the next step in your clerkship search—the interview.

As you do so, remember this: The world of judges is different from the world of other employers. When preparing for a judicial clerkship interview, you'll need to follow special etiquette rules and avoid pitfalls unique to the clerkship hiring process.

The first thing to note is that the seeds of success already have been sown. The judge's decision to grant you an interview will depend on factors such as your academic record and past experience. His or her decision to hire you, however, usually rests on chemistry, personality, and how well you get along with the judge and others in chambers.

Ideally, as you prepared your applications you researched and selected only those judges for whom you would want to clerk. This groundwork will prevent you from getting trapped in the awkward (and potentially disastrous) position of turning down an offer from a judge. We’ll discuss that more later in this article.

In last month's Student Lawyer (September 2003), a career judicial clerk offered his "Ten Simple Rules for Applying for a Judicial Clerkship." Here, I offer rules for conducting yourself in the clerkship interview process.

RULE 1: Schedule your interviews promptly and strategically

Once you've mailed your applications, you may hear from a judge at any time thereafter, depending on the judge. If you do receive a message from a judge's chambers, call back promptly. Failure to do so carries the risk that the best interview slots will be taken. And there's a chance that later interviews may be cancelled if the judge decides to give an offer to one of the earlier interviewees. To maximize your chances of an offer, a wise strategy is to try to accept the first interview slot offered, even if it's inconvenient.

If you'll be traveling to a distant location for an interview, you can seize the opportunity to parlay interviews with other judges you've applied to who are nearby. Most judges are aware of the tremendous costs students incur with long-distance travel, and they'll understand your attempt to limit your expenses and maximize your trip by doubling up on interviews. Doing so also provides a convenient reason for the judge or staff to pull your application from a large pile for review. Regardless of whether this strategy works for you in every case, it generally will not be held against you. Just be sure to inquire politely.

RULE 2: Build relationships with chambers staff

When scheduling your interview, try to elicit information from the law clerk or secretary, such as the expected length of the interview, its general format, or other people you'll be interviewing with. Always be courteous and deferential to the secretary and law clerks—they'll be interviewing you too and may have significant weight in the judge's decision. Be sensitive to the egalitarian nature of a judge's chambers and the critical importance of being a team player.

Some judges will include their secretary or law clerks in the actual interview. Others will encourage such participation less formally through your overall interactions with chambers staff. You should assume that even casual conversations and reports of chemistry (good or bad) will funnel directly to the judge, who will evaluate your ability to get along with his or her colleagues.

RULE 3: Prepare thoroughly

Before your interview, conduct research about the judge in addition to what you learned in the application process. The first thing to find out is the mechanics of the interview. Since the style, format, and substance of clerkship interviews vary so greatly, this is valuable knowledge. As mentioned in Rule 2, you can try to get a sense of the judge's interview format and approach in your initial phone conversation with chambers staff to schedule the interview. It's especially helpful to talk with former law clerks or other students who have interviewed with the judge. Your school's career services office may be able to help you identify these people.

This is a good time to read some of the judge's published opinions, particularly any prominent or recent ones. One or more of these cases or related issues may come up in your interview. If nothing else, you'll enter the interview with more confidence because you've prepared to the fullest extent you can.

It's also wise to do advance background reading or informational interviewing with former clerks to gain a flavor of the atmosphere, ethics, and protocol in a judge's chambers, as well as some of the general tasks of a law clerk. Check with your career services office for reading materials on this topic and other sources of insight.

Make a packet of all the information you've gathered on the judge, including biographical and background particulars. Insert additional copies of your application materials, which you should review, and be ready to provide details. If you have any updated elements such as new grades, activities, or honors, bring them, along with a list of references and phone numbers.

RULE 4: Know what to expect

There's no standard format or uniformity in the content of a clerkship interview. Depending on the judge, the length of the interview may range from 15 minutes to two or more hours. Most of the tips you've already learned about job interviewing in general apply. In a clerkship interview, however, two adages hold especially true: "know thyself" and "know thy judge"—and be prepared to discuss both.

An important feature that shapes a clerkship interview is the highly personalized nature of the relationship between a judge and law clerk, which may be reflected in the interview. For this reason, don't be surprised if the judge asks you a personal question that might be improper for a law firm or other employer to ask. It's perfectly acceptable for a judge to ask what your father does for a living or other questions about your family. He or she merely wants to get to know you better on a personal level, look for a common interest, or even determine whether a conflict of interest may arise.

Asking about your political views or some other topic usually avoided is fair game in a judge's chambers. Standard job interview questions about your interests, hobbies, and activities are likely to be discussed. But unlike other employers where your answers may serve merely to keep the dialogue going, the judge will be truly interested in your responses to see if one of these interests sparks a common ground. You'll therefore give yourself an advantage if you know about your mutual interests going into the interview.

At this point, the judge almost certainly will be looking for personality and fit—someone who will be comfortable to get along with and interesting to have in chambers, rather than just a brainy law student. Unlike job interviews with other employers, practically anything within reason could come up in a clerkship interview. You'll react with more poise (rather than alarm and defensiveness) if you're prepared for this.

Aside from a discussion of personal interests, the interview may include a legal, substantive dialogue. It's not uncommon in a clerkship interview for the judge to ask you which of his or her opinions you found most interesting. The interview also might include a discussion about your courses in law school or your law review topic, or perhaps controversial events in the news or important legal precedents. Bear in mind that the judge may be looking for someone who's not afraid to challenge him or her on these issues, so intellectual honesty could help you stand out from other students who are overly obsequious. Your background research and informational talks with former clerks and students who have interviewed with the judge should help you determine how best to conduct yourself.

Depending on the judge, the legal rigors of the interview could include a writing exercise or some other on-the-spot test of your critical reasoning and writing skills. Your advance research should alert you to this possibility, but be prepared regardless of whether the judge has a reputation for assigning such tasks.

Finally, as discussed further in Rule 6, plan on accepting an offer immediately if the judge extends one to you. If you've done the necessary research in advance, you should interview only with those judges for whom you'd be happy to clerk. If something unusual or offensive does arise in the interview and you suddenly discover you don't want to clerk for the judge, protocol requires that you withdraw your application promptly. Generally, you do not have to do this directly with the judge on the spot, but should contact chambers immediately upon your return and respectfully indicate that you would like to withdraw your application.

RULE 5: Follow up properly

The timing of the process may not give you the opportunity to send a thank you note or letter before the judge has made a decision. But if at all possible, you should adhere to the etiquette of mailing a brief follow-up letter without delay.

Since judges typically won't send you a formal letter on the status of your application, you may need to make a phone call to chambers a week or so after the interview and ask about it. Take this opportunity to chat casually with the judge's secretary or clerk to reiterate your interest in the judge and your pleasure in meeting the staff. If you do this politely, the secretary or clerk may become an ally and tip the scale in your direction with the judge.

If you receive and accept an offer and had earlier applied for clerkships with other judges, you must send a letter to each of them withdrawing your application. Be sure to explain why you are withdrawing and thank them for their time and consideration.

RULE 6: Follow the etiquette of offers and acceptances

Offers and acceptances may occur very quickly, depending on the judge. Some judges will present an offer on the spot at the interview or call soon after. Others will wait until they've interviewed other candidates first. They may or may not give you an idea of their procedure and expected timeframe at your interview.

In any case, the judge usually will call you personally to make the offer. The process is far different from that of law firms, which normally allow successful applicants to collect their offers, make inquiries or go back for more information, and then make a decision.

Judges, on the other hand, often expect you to accept their offers immediately and enthusiastically. Some will be more sensitive to your need to run this by a spouse or significant other; perhaps they'll give you 24 hours or more to decide.

But be forewarned that many judges give what has been called an "exploding offer." If the judge perceives hesitancy or reluctance on your part instead of an immediate acceptance, he or she may be offended and rescind the offer immediately. This can put a lot of pressure on you if you have other factors to consider, so plan for this possibility in advance.

Not all judges make exploding offers, but you should know going into the interview that it could happen. You may be able to determine, through your earlier research, the judge's practices in this regard. Or perhaps you can get a sense of the judge's attitude when he or she presents the offer. In any event, knowing about this practice, and preparing yourself for the response you intend to give, will save you from an awkward or even damaging situation.

Most career counselors will advise you to avoid turning down a clerkship offer from a judge. This is generally sound advice, unless you're convinced that working for the judge would be impossible for one reason or another. Law schools give this advice in part because your actions may jeopardize the chances of other students from your school. You can never tell how far the wrath of a judge scorned will extend and exactly what the consequences will be, for you or for others. Word travels quickly among judges, and many wouldn't risk offending one of their own by hiring that person as a law clerk.

If you find yourself in an untenable position and must turn down an offer, do so with extreme care and hope for the best. Don't take this action without due consideration or merely as a matter of strategy with the expectation of receiving an offer from another judge.

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As these rules suggest, you need to enter the interview process knowing that it's unlike any other you've experienced. A clerkship interview and offer are much more personal, and less often bestowed, than you'll find with traditional law firm or other positions. As a consequence, the process requires more forethought and care. You should be able to avoid most problems by following this advice and doing your research well.

Some element of fate will do the rest and bring you to this moment. When an offer comes, you should be thrilled to work for the judge and have the stage set for a positive clerkship experience.

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* Debra M. Strauss is a nationally recognized expert on judicial clerkships, providing consulting services to law schools, bar organizations, and the judiciary. She is an adjunct professor at Pace University School of Law, where she directs the Federal Judicial Extern Honors Program. Her book, Behind the Bench: The Guide to Judicial Clerkships (BarBri Group 2002), was reviewed in the September 2003 issue of Student Lawyer. You can contact her through her web site, www.judicialclerkships.com.

Reprinted from: Strauss, Debra M., “Six Simple Rules for Judicial Clerkship Interviewing,” Student Lawyer, Vol. 32, No. 2, pp. 32-36 (American Bar Association Publishing, October 2003), available through the ABA Law Student Division.