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Securing a Legal Clerkship: A Guide for Law Students

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published March 07, 2023

By CEO and Founder - BCG Attorney Search left

BCG Attorney Search is the nation's largest and most geographically diverse recruiting firm specializing exclusively in permanent attorney placements. They currently have more attorney openings, in more practice areas and locations, than any other legal recruiting firm.
 
Summary

Clerkships are important opportunities for law students and recent graduates. It involves working for a judge in a specific court for a set period of time, providing them with the ability to gain valuable experience in the legal field. During a clerkship, students are exposed to the court system and gain first-hand knowledge about how it works.

Clerkships can open the door to a variety of legal careers, such as private practice, government, and public interest jobs. The experience a student gains from a clerkship can help them stand out from the competition in the job market. Clerkships are also an excellent way to make connections in the field and learn more about the industry.

In order to apply for a clerkship, students must make sure that they meet the qualifications and requirements set by the court. Some clerkships require applicants to have a minimum amount of academic experience, and in some cases, applicants may need to pass a written test. It is also essential for applicants to have a strong knowledge of the court system, applicable laws, and court procedures.

Law students, or recent graduates, should also take the time to research and prepare for their application. Before submitting the application, they should carefully read the instructions and ensure that they are submitting a complete packet, which includes a cover letter, resume, law school transcript, and references.

Clerkships are a great opportunity to gain experience in the legal field and make valuable connections. Applying for a clerkship requires knowledge of the court system, as well as meeting the qualifications and submitting a complete packet. But, with proper preparation and research, students can take advantage of this unique and beneficial opportunity.
 

Clerkships Provide Valuable Experience for Attorneys

In the legal profession, it is increasingly difficult to gain experience without a clerkship. Working as a clerk in the judicial system can be a valuable learning experience, as it allows you to observe and participate in the legal process from an entirely different perspective. Clerks are generally able to work with a broad range of legal issues and have the opportunity to observe prominent legal professionals in action.

A clerkship is a powerful and highly sought-after position for many legal professionals. A clerkship will provide hands-on experience in a courtroom, allowing the clerk to gain firsthand knowledge and insight into the legal system. Judicial clerks are often recommended for their professional qualities such as their ability to handle complex matters quickly, their persuasive writing skills, and their strong work ethic.

The duties of a clerk vary depending on the type of clerkship they have. Clerks may be responsible for preparing legal documents, writing legal briefs, and conducting legal research. Clerkships are often a great opportunity for lawyers to gain experience and hone their legal skills. Clerkships are typically unpaid, but they provide invaluable experience that is highly sought after by law firms and corporations.

Clerkships are available in a variety of fields including criminal law, civil law, corporate law, and tax law. Experienced attorneys can also pursue clerkships in specialized areas such as international law, immigration law, or environmental law. Some clerkships require the clerk to serve at the appellate level, while others may be at the trial or district level. No matter what level or field a clerkship is in, it is important to have a strong understanding of the legal system and procedure.
 

Gain Valuable Legal Skills and Experience with a Clerkship

Clerkships have long been used as a way for law students and recent graduates to gain valuable experience in their chosen field. In today's competitive legal market, having a clerkship on your resume is often seen as a valuable asset, as it demonstrates a commitment to the law and a mastery of legal procedures. Participating in a clerkship can help you gain the skills and experience needed to secure more advanced legal positions in the future.

Clerkships can also be invaluable when transitioning from law school to the legal market. Clerkships provide a crash course in a real-world legal environment and allow clerks to gain real-world experience. This is invaluable for lawyers who are attempting to break into certain types of practice or even for those who are considering entering a different area of law.

Question
I have been offered a clerkship with a state court of appeals. Will taking that position enhance my marketability? Currently I am a 2L, top 10%, in a second-tier law school. Thanks for your help.

Answer
It depends. As discussed below, a state court clerkship will generally enhance your marketability if you are planning on working in the state where you are clerking. Nevertheless, the value of a clerkship should not necessarily be something that you view as a tool to make you marketable. Most importantly, the skills and insight you will acquire during your clerkship will be something that should help you throughout your career.

A state court clerkship is likely to make you marketable if you are considering working in the state where you will be clerking. It is useful to examine the different types of clerkships. Each type of clerkship has its advantages and disadvantages. In order to help you understand the role a clerkship will have in your marketability, the differences between federal and state clerkships are analyzed below.

Federal Clerkships. At the Federal level, the order of prestige of clerkships is typically: (1) the Supreme Court, (2) circuit (appellate) clerkships, (3) federal district court (trial court) clerkships, (4) clerkships with United States magistrates (who do a lot of the "grunt work" for federal district court judges). There are also several specialized courts (such as Federal Tax Courts) that are of approximately the same prestige level as federal district court clerkships.
United States

Appellate clerkships involve mainly research and writing about issues the trial court has already ruled upon and reviewing the District Court's errors. Appellate clerkships typically involve more arcane and novel issues of law than are typically litigated at the trial level. In an appellate clerkship you are less likely to get to know the lawyers involved in the underlying litigation.

District court clerkships involve actual issues being litigated at the trial court level and typically have more in-court action. In a district court clerkship you may see many of the same lawyers in court day in and day out. In a circuit court clerkship, you are likely to see the attorneys involved only when they present their appellate arguments in court.

There are also numerous distinctions between clerkships at the federal level. For example, clerking for the Chief Justice of the United States Supreme Court is generally considered the most prestigious clerkship there is. Similarly, a clerkship with a federal district judge in the Eastern District of New York is more prestigious than a clerkship with a federal district judge in Bay City, Michigan, for example. Attorneys who clerk for the most prestigious judges are typically those whose "marketability" is likely to be increased as a result.

Typically, the most prestigious clerkships have been those with federal judges. At top national law schools, students compete very aggressively for federal clerkships and do so more than they do for state judicial clerkships. Given the prestige of a federal clerkship, it can often make you marketable far beyond the geographic area where you are clerking.

State Court Clerkships. There are different distinctions in the state court system; ordinarily, you will also have a supreme court, appellate courts and trial courts. The same prestige distinctions are also present at the state level, with a state supreme court clerkship being the most prestigious. Just as certain federal district courts in various geographical locations are considered prestigious places to clerk, so too are the state courts in different states. In general, if you are clerking for an appellate court in a major state, this will be more prestigious than if you are doing the same thing in a smaller state.

The problem with a state court clerkship is typically something that is also an advantage. While a state court clerkship will not necessarily increase your chances of being marketable anywhere throughout the United States, it can do you a tremendous amount of good in the area where you are clerking. Clerking for a state court will make you a candidate with important local contacts. The fact of the matter is that most litigation is actually conducted in the state courts. Accordingly, a state court clerkship will provide you with a better understanding of state law than you would ever get as a federal clerk. If you are planning on working in the area where you are clerking, the state court clerkship should be enormously valuable.

You need to remember that accepting a clerkship is much like the decision of where you decided to go to law school. There are major national law schools that vary in prestige and there are smaller local law schools that vary in prestige. For example, attending a law school like Yale is going to give you a serious advantage when you are applying to positions throughout the United States. A law school like Yale might be compared to clerking on the Supreme Court. Conversely, a smaller more local law school like the University of Toledo is not going to give you as much of an advantage throughout the United States. This school will, however, probably give you good options in Toledo, Ohio.

Accordingly, before you accept your clerkship, I would recommend having a good understanding of whether or not you want to work in the area where you will be clerking. The clerkship is most likely to make you marketable if you are seeking to work in the state where you are clerking. I would also do some research into where the judge's former clerks ended up working. By learning this you can also get a decent idea of what your marketability might be following the clerkship.

Additionally, you have stated a concern about being "marketable"; nevertheless, you have not told me where you would like to be marketable. Do you want to be marketable in the area you are clerking in? Do you want to be marketable to a law firm, corporation, public interest group, prosecutor's office? You get the idea. You should also think through the answers to these questions as you are deciding whether or not to clerk.

The value of your clerkship should not necessarily be viewed as a tool to make you marketable. Clerking is something that gives you tools and memories that most clerks carry with them throughout their careers. When you sit on the judge's side of the bench, you get the feeling that you are really part of the legal process and have the idea of how decisions are made and the implications these decisions have on peoples' lives. Most clerks describe the year they spent clerking as the most relaxing, intellectually challenging and interesting year of their lives. And this is really the essence of a clerkship. It allows you to see the inner workings of the legal system, work closely with a judge and will provide you with a level of illumination about the legal system itself that you will carry with you throughout your legal career.

My belief is that you should not clerk simply because you think it is something that will get you a better position. A clerkship is something that you should do because it will add depth and meaning to your future legal career. I do not believe that a state court clerkship (especially with an appellate judge) can possibly hurt your marketability. Indeed, the skills and understanding you pick up during your clerkship will be something you can carry with you throughout your career.

Conclusions. In order to determine whether you should take a state court clerkship, it will be important that you analyze whether or not you want to work in the area of the country where you may be clerking. While a state court clerkship is typically not as prestigious as a federal one, it is something that can provide you with important local contacts and knowledge of state law. More importantly, I seriously doubt that a state court clerkship will hurt you. Instead, a state court clerkship will provide you with tools and an understanding of the legal system you can carry with you throughout your career.

While I have saved this for last, I believe that an important component of your question involves a brief discussion in this conclusion. You are a second year law student and it is only December. If your goal is to be marketable to a law firm, you may be "barking up the wrong tree" at this point by simply seeking a clerkship. Instead, you should accelerate your job search and apply to more law firms and look at more sources of information if working in a law firm is something you want to do. If you are considering accepting a clerkship just to make yourself more marketable, you are not doing yourself, the judge you will be working for, or the justice system itself any favors.
 

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

  • Immigration law
  • Workers’ compensation
  • Insurance defense
  • Family law
  • Trusts & estates
  • Municipal law
  • And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

  • Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
  • Elite boutique firms with specialized practices
  • Mid-sized firms looking to expand their practice areas
  • Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

  • Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
  • Works closely with candidates to ensure their resumes and applications stand out.
  • Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

  • Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
  • Senior attorneys who believed they were “too experienced” to make a move and found better roles with firms eager for their expertise.
  • Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
  • Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

Submit Your Resume Today – Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.

? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

About LawCrossing

LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.
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