by Professor Val Ricks
Clerk for a judge if you possibly can. In Texas, the state supreme court, federal appellate and trial courts, and federal magistrates and bankruptcy courts hire clerks. Federal administrative law and immigration courts also hire clerks. Across the country, federal and state courts (including many state trial courts) together hire thousands of clerks each year. The typical trial judge’s clerk researches and writes for the judge, assists during oral argument or trial, and helps with case management. An appellate judge’s clerk will read the briefs, prepare a bench memo recommending a decision, and in many cases write the first draft of the opinion. A clerk’s term usually lasts one or two years. Any graduate can serve as a clerk (few judges require their clerks to have passed a bar exam), but many judges interview and extend offers to 2Ls and 3Ls, who then wait until after graduation to begin work.
Eleven of us clerked with judges on a U.S. Court of Appeals. Seven of us clerked for federal district courts. One of us clerked for the U.S. Tax Court. Nine of us clerked for state appellate or trial courts. Aside from teaching and certain pro bono representations, working for a judge was the most satisfying and worthwhile thing we have done with our legal education since graduation. The benefits of clerking are many:
First, the judicial law clerk generally apprentices with an excellent lawyer. Most judges are excellent lawyers. No better way exists to learn about lawyering than to spend a year working cases with a great lawyer.
Second, and relatedly, the clerk works with the decision-maker. The clerk sees how attorneys try to persuade the judge; the clerk sees what works and what does not. A clerk might assist the judge in changing the course of a case and, perhaps, the law.
Third, clerks gain confidence. New attorneys fear failure. Cautious ones take too long with assignments; incautious ones finish too soon. The clerk learns by experience when enough is enough, because the clerk watches a judge say daily what is enough. Besides clerking, only years in practice can so educate an attorney.
Fourth, the job builds skills. Our work had to be correct, clear, and concise because, when the judge had finished his or her editing, what had begun as our work became the judge’s opinion. In reading briefs, we learned how to write (and how not to write) a brief. Later, in practice, senior attorneys would ask us for advice and for our work because we had experience they lacked. Our co-clerks were also excellent writers and editors.
Fifth, the work is marvelous. Clerks for appellate judges work on cutting-edge issues of law—only undecided legal issues require an appellate court’s attention. Trial court clerks often work on complex and interesting cases; no other cases require much of the trial court’s time.
Sixth, the job is a reputation-builder. Seeing a judge’s name on a resume impresses hiring partners. In practice, former judicial law clerks have increased credibility with colleagues and judges.
Seventh, clerkships can lead to good jobs. Most judges know their legal community better than anyone else. In fact, most are leaders in that community. No better way exists to break into a job market than to start at the top.
Eighth, clerks have a generally steady workload. Private practice can be grueling. Lawyers in practice often work long hours (in six-minute increments) putting out fires, with little time to sit back and learn from what they are doing. Not so in a judge’s chambers (particularly in an appellate court)—the usually steady flow of cases means that time, including time for reflection, can often be budgeted. New attorneys need that time.
Ninth, judges try to hire people who are pleasant. Judges often employ at least two clerks at a time. Some have three clerks. Our co-clerks were bright, energetic, and entertaining, and the judge’s other staff were helpful. Some courts place judges’ chambers together, and all their clerks meet. Over the course of a year, co-clerks and other co-workers can become good friends.
Tenth, and out of order in importance, clerking is public service. The judiciary remains “of the people” and “for the people.” Spending a year for the people starts a service-oriented career on the right track.
Maybe this picture looks too uniformly rose-colored. In disclaimer, we add these: No two clerkships are exactly the same. Occasionally big cases or caseloads will require the clerk to spend long hours at the courthouse. Also, no two judges will have their clerks work the same hours or do exactly the same work; some clerkships require less writing, or more cite-checking, than others, for instance. Further, no two courts are the same. Clerking for a trial court provides experiences appellate work does not, and vice versa. And the salary is a very livable wage but less than an average new associate’s in a large firm. Federal judicial clerk base pay is JSP-11 step 1 (and the location matters). For Texas appellate court law clerk (formerly “briefing attorney”) salaries, check recent want ads posted at txcourts.gov, under “Careers.” Many firms pay a hiring bonus to former clerks and move them up with their class for pay and promotion purposes. But regardless of the pay, the benefits of clerking more than compensate during the clerkship and for the remainder of a life in the law.
