Job Responsibilities
1. Deciding motions to dismiss and motions for summary
judgment: Once a motion becomes ripe for decision, the Judge
will typically scan the briefs and give you his initial
impression of the disposition of the motions. I will then read
the briefs carefully and research the law. I then decide the
outcome of the motion and write a draft of the order or opinion
and submit it to the Judge. The Judge will generally proofread
the order, make some minor changes and sign it. This is the key
responsibility of the position and makes up about 75% of my
duties. The remainder of the duties take up a roughly
proportionate amount of the remaining 25% of my time.
2. Communicate with counsel: I also have contact with counsel
representing litigants before this court relating to several
issues -
a) when counsel fails to file or improperly files documents in
the court: I will call the lawyer and remind him or her to comply
with the rule or provision that has been violated;
b) when counsel cannot resolve conflicts over the meaning of
procedural rules in this court: I will advise the lawyer the best
way to comply with such rules;
c) when counsel needs general housekeeping matters resolved: I
will communicate with counsel about scheduling issues and, for
example, where counsel may set up AV equipment.
3. Trials: I am present during some trials or portions thereof
to assist the Judge -
a) bench trials: these are trials before the judge without a
jury. I will attend these in their entirety so that I can draft
the findings of fact and conclusions of law that the Judge will
sign;
b) jury trials: I will be present for voir dire and during the
last day or two of trial. The most important duty I have is to
draft the jury charge that instructs the jury as to their job and
asks them the questions that make up thier verdict.
4. Filing: I file the Judge's copies of all filings made with
the clerk's office in the Judge's filing cabinets so that the
Judge has his own copy of all documents filed with the court.
5 Other duties: first and foremost, my job is to assist the
Judge in his duties. If the Judge asks, I do it.
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Job Requirements
To be a law clerk, the person must have graduated from an ABA
accredited law school. To graduate from law school, the
prospective clerk must first have a bachelor's degree. This is a
basic requirement of law school, in addition to taking the LSAT.
The clerk need not be a licensed attorney, although licensing
will increase the clerk's salary. For many law clerks, clerking
is the first post-graduation job a law school graduate will
work. There are a few, however, who become clerks later in their
careers - often after disillusionment with working in large civil
litigation firms.
Most Federal Judges require exceptional credentials before they
will hire a candidate. First, a Judge will look at the
reputation and quality of the law school the canidate attended.
The school should be in the "top tier" of the annual US News and
World Report Law School Rankings. Next, the Judge will look at
the grades earned in law school. Even candidates from highly-
ranked law schools are unlikely to get much attention without
exceptional grades - at least being in the top 25% of the class.
The Judge will next look at any exceptional extracurricular
activities. Most important among these activities is law review
or journal work - showing that the candidate has good writing
skills. Many Judges will also consider moot court and mock trial
experience. Finally, a Judge will look at undergraduate quality
of education and grades. While no one factor is dispositive, a
Judge is unlikely to consider a candidate who is missing more
than one of these basic factors. Furthermore, a Judge will have
many more candidates who meet these requirements than he has
vacancies to fill.
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Uppers
The best parts of the job are:
1. the prestige associated with the position: other attorneys give you a lot
of respect while you are in this position.
2. the workload: many Judges do not make their clerks work the long hours that
are expected at large law firms. Often, clerks have weekends off.
3. the access: the clerk gets to know (and hopefully befriend) the Judge for
whom he works as well as other Judges working in the same building.
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Downers
The worst parts of the job are:
1. the pay: recent law school graduates with comparable resumes
are able to immediately earn 2-3 times what a law clerk does.
2. the occasional tedium: most duties are reading and writing
intensive. The filing duties and large amounts of time spent
behind a desk are not tempered by getting to appear in court.
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Lifestyle
1. Work hours: as indicated in the section about the "uppers," the hours are
great. Most Judges require only an Monday - Friday, 8a-6p job with little or no
weekend work.
2. Business travel: travel is rare. When travel is required, it is unlikely
to be very far - certainly not outside the Federal Circuit in which the Judge
sits. Often, travel will be required for interesting duties such as sensational
trials that must be held in other districts for avoidance of publicity purposes
or when the Judge sits for a Circuit Appeals Court panel by designation.
3. Social events: this varies wildly with the crop of new clerks. If the
group is a social bunch, the clerks will spend time together. The various
chambers will often have lunch together, but most of the social activity depends
on the initiative of the clerks themselves.
4. Dress code: many clerks try to get away with business casual. However,
since a clerk may need to be in court at any given time, the clerk must come
prepared to wear a coat and tie on very short notice.
5. Diversity: this varies wildly with the nature of the applicants. Judges
are always interested in hiring qualified minorities.
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Compensation
Compensation is a base of about $45,000 per year with location
adjustments of up to $5,000. Clerks also qualify for higher
salaries if they are licensed attorneys, have previous clerking
experience or have previous law practice experience. More
information on compensation is available from the Federal Law
Clerk Information System online. As federal employees, clerks
also receive periodic cost of living adjustments. There are no
bonuses or stock options for this position. There are decent
medical benefits as well as life and disability insurance
available. Unfortunately, there are no dental or vision
insurance benefits available.
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Advice to Jobseekers
My basic advice is to work hard in law school. That may sound
trite, but there is simply no substitute for good grades in law
school. Many qualified candidates from exceptional law schools
are passed over because the hiring is so competitive.
There is no danger of this job ever going away. Every year there
is a new crop of law clerks. If anything, these positions as law
clerks are likely to move from a 1 year appointment to a 2 year
or even longer appointment in the near future.
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