Becoming A Judicial Law Clerk: A Step-By-Step Guide

Becoming a judicial law clerk is a highly competitive process, with most federal judges receiving hundreds of applications for just one or two open positions. In the US, judicial clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. The role involves supporting judges by conducting legal research, drafting documents, and assisting in decision-making processes across various levels of courts.

To become a judicial law clerk, one typically needs a bachelor's degree in law and relevant work experience, which can be gained through internships at law firms or courtrooms during studies. A master's degree in law, a specialised legal master's degree, or a Juris Doctor (JD) degree are also beneficial. Strong organisational, legal, communication, and research skills are essential for the role.

Education: Earn a bachelor's degree and a law degree

A bachelor's degree is the first step towards becoming a judicial law clerk. Although there is no general requirement to become one, individual judges may set their own criteria. Most judges require their clerks to have a bachelor's degree in a relevant field, such as law, political science, or communications. This educational background provides a solid foundation of knowledge and skills that are essential for the role.

During their undergraduate studies, aspiring judicial law clerks can consider gaining practical experience through internships or work placements in legal settings, such as law firms or courtrooms. This not only enhances their resumes but also allows them to apply their theoretical knowledge to real-world situations. It also helps them build a network of connections within the legal industry, which can be beneficial for their future careers.

After completing their bachelor's degree, individuals aiming to become judicial law clerks typically pursue a law degree. A Juris Doctor (JD) degree, a master's degree in law, or a specialised legal master's degree in areas like public policy or international law are common choices. These programmes provide advanced knowledge of the legal system, court procedures, and jurisdictional rules, which are crucial for effectively supporting judges in their work.

The competition for judicial clerk positions, especially in higher courts, is intense. Therefore, it is advantageous for candidates to excel academically and graduate at or near the top of their class from highly ranked law schools. This increases their chances of being selected for these coveted roles.

Experience: Gain legal experience through internships

Judicial internships are volunteer positions that offer law students the opportunity to learn about the judicial world before graduating. They are a great way to gain legal experience and develop skills such as legal research and writing. Interns work closely with judges and Chambers' staff, including law clerks, and perform tasks such as legal research, written memoranda, updating judicial resources, hearing preparation, and observing trials or court proceedings. These internships can be full or part-time and usually take place during the summer or academic year.

Judicial internships provide valuable experience and insights into the work of a chambers, and help students gain an understanding of how judicial decisions are made. They also allow interns to develop relationships with judges, who may later act as references or provide recommendations for judicial clerkship applications.

At Cornell, for example, students often take up judicial internships during the summer following their first year of law school, or during their second summer or term. Columbia Law School also offers summer judicial internships, where students can explore what it's like to be a judicial law clerk.

While judges differ in their policies regarding the hiring of former interns, many do hire their former interns and may even have a preference for them. Judicial internships can, therefore, be a great stepping stone to a judicial clerkship and provide an advantage in the highly competitive application process.

Application: Prepare application materials, including a cover letter, resume, and writing sample

Cover Letter

The cover letter is the first opportunity for a judge to evaluate your writing ability. It should be no longer than one page and be flawless—no typos, grammatical errors, or citation errors. It should include:

• Your interest in a judicial clerkship during a specific hiring cycle, including the month and year you are available to begin work.
• Academic success, including your research and writing skills.
• Interest in or connection to a particular geographic area.
• Availability for interviews, including any trips planned to the area.

Focus on why you are interested in the specific court, judge, geographic area, or area of law, and what attributes make you a good fit for the role.

Resume

Your resume should be conservative in style, error-free, and no longer than two pages. It should list your education and experience in reverse chronological order and include:

• Experiences that illustrate research and writing skills, such as a law review note being selected for publication.
• Jobs, pro bono experience, and internships where you conducted research, wrote legal memoranda, or prepared legal documents.
• Community service, interests, and activities that give a sense of who you are as a person.

Writing Sample

Your writing sample should be 5-10 pages long and reflect the functions of a judicial clerk, such as evaluating a factual and legal situation, researching applicable law, analysing the situation in light of the law, and reaching a conclusion. Appropriate writing samples include:

• A law review article.
• A moot court brief.
• A paper written for a law school course.
• A memorandum from a summer clerkship.

Interview: Be ready to answer questions about your experience and skills

Judicial clerks work closely with judges, supporting them in various tasks, including legal research, drafting documents, and assisting in decision-making processes. The role is highly competitive, so it's important to be well-prepared for the interview. Here are some common questions you may encounter during a judicial clerkship interview:

Experience and Background

• How would you rate your writing skills?
• What past experiences have prepared you to be a judicial clerk?
• Do you have experience working in a court or legal setting?
• How much research experience do you have?
• What inspired the answer provided in your writing sample?
• Can you describe a project that involved extensive research?

Education

• Why did you decide to go to law school?
• What was your favourite course in law school and why?
• What was your least favourite course in law school and why?
• What level of education have you completed?

Career Goals and Aspirations

• What are your short-term and long-term career goals?
• How does a clerkship fit into your long-term career plans?
• Why do you want to work as a judicial clerk?
• What courts interest you the most?
• Do you have an interest in becoming a judge?
• How would completing a judicial clerkship help you meet your career goals?

Skills and Abilities

• What are your greatest strengths and weaknesses?
• How would you describe your work style?
• How would you describe your writing style?
• How would you describe yourself as an employee?
• How do you manage your time when faced with multiple tasks and tight deadlines?
• How do you ensure impartiality and avoid mistakes when researching cases and analyzing issues?
• What personal qualities do you have that would enhance your performance as a law clerk?

Acceptance: Decide quickly as offers are often immediate

Judicial clerkship positions are highly competitive and highly sought-after, so it is important to be prepared to make a decision quickly if you are offered a position. Many judges expect an answer on the spot or, at most, within 24 hours. This is because of the competitive nature of judicial clerk hiring; if you are not interested, they want to know right away so they can move on to the next top candidate.

If you are offered a position and need time to consider it, you may request an extension, but be aware that this might not be looked upon favorably by the judge. If you are not interested in accepting an offer, it is important to call or write to have your name removed from consideration, rather than waiting until an offer is accepted and then declining.

Once you have accepted an offer, you have made a commitment that must be honored. It is unprofessional and detrimental to your reputation, as well as that of your law school, to back out of an accepted offer to pursue another opportunity. Therefore, it is important to carefully consider your options and be prepared to make a decision quickly if you are offered a judicial clerkship position.

Frequently asked questions