Why there are likely to be jobs in Judicial Clerkship during this recession

COVID-19, Recession, & Legal Recruiting—Oh My!
 

 

With COVID-19 impacting all 50 states requiring self-quarantine, a possible (to some and definite to others) economic recession, and law school graduation and legal recruiting season on seemingly unsteady ground, it's understandable why no one in the legal industry appears to be prepared to take on the daily changes, let alone plan for the future. If you're a law student considering the future, with dreams of BigLaw that you're worried might not come true, you're probably wondering how COVID-19 and a potential recession could affect legal recruiting for your summer and your first year as a lawyer. We have an alternate plan of action that could help you land a job and help set you up for a brighter future: apply for a judicial clerkship.

Why Consider a Judicial Clerkship for Your First Legal Position

While many state and federal clerks are temporarily closed because of COVID-19, at some point the courts will reopen to the public. Jury trials will resume. Courtrooms will be abuzz with activity once more. We know many law firms, including BigLaw firms, are struggling to embrace remote work options for their experienced lawyers. COVID-19 is something none of us could have expected.


However, an economic recession is something that we have discussed for a good long while. According to some, it's already here (and not because of COVID-19; a recession is part of the economic cycle except, apparently, for Australia since they're 28 years strong into an era of economic growth). There are a lot of economic truths related to business in a recession. You can read several of ours here, but we will boil it down to two principles.
 

1. All businesses that have debt, including law firms, must find ways to either drop their extra expenses or risk going out of business.
2. The first people to get laid off are those with the least experience. For law firms, that means those who were just hired right out of law school and who have little experience.

And if you have little experience? That makes it difficult to find, let alone get hired for, another legal job opening at a law firm. Oh, and even if lenders give you a break during COVID about repaying your student loans, that break doesn't always exist during a recession. Just ask anyone who lived through The Great Recession when the housing bubble burst.

Judicial clerkships are places of safety during a recession because the judicial branch promises job security. It's not going anywhere even during a recession. If you're chosen to develop your legal skills as a judicial clerk, you'll enjoy the relative safety of having a job for the next year because you likely will not lose your position because of the recession. You'll have an entire year to gain experience and prepare for the legal hiring process. And employers will most likely view you as top legal talent, especially when compared with laid-off entry-level attorneys who could not find a job during the recession.

Real-World Legal Experience, No Paper Shuffling

For the law firms embracing remote work during COVID-19, it will be important that you stay up-to-date on how to use legal tech that allows you to manage your documents and engage with clients and potential clients online using law practice management software. The good news is that there are a lot of ways to learn how to use legal tech even if you're hired as a judicial clerk… because you won't get that experience as a clerk (although you will learn how to scan documents if you don't know how to do that).

A judicial clerkship thrusts you into real-world legal experience, whereas first-year associate attorneys may only shuffle papers or organize and stamp evidence. They're not doing a lot of substantive work. They may get boring cases they don't want. Many feel like the work they do doesn't matter. Judicial clerks perform legal research, write court opinions, draft memoranda, and will gain broad experience in civil or criminal matters.

Resumes and Future Law Firm Job Openings

A judicial clerkship with real-world experience looks fantastic on a resume. Not only were you able to avoid explaining gaps in history because of a layoff during a recession, but you are now an experienced attorney. A lateral hire of an experienced attorney is more likely to happen even during a recession than the hiring of an associate attorney with little to no experience. Besides the experience you gain both in legal research and writing, as well as experience in certain legal practice areas, the judge for whom you clerked could also make a positive impact on your future legal recruiting experience. If the law firm you're interested in working for presents their cases regularly in front of the judge you clerked with, you may find that you're the automatic frontrunner for the attorney job opening because of your clerkship experience. And they may also offer you may also a clerkship bonus.

The clerkship bonus isn't a guarantee, but some law firms offer it to new attorneys who complete clerkships. Judicial clerkships don't always pay as much as BigLaw associate positions, even first-year positions that result in very little legal experience. However, because attorneys just like you committed to spending a year devoted to learning the ins and outs of legal research, legal writing, and learning other pertinent legal skills. Some law firms will appreciate that and reward you. Even if they don't offer the clerkship bonus, as we already mentioned, it will look great on your resume and make you a viable candidate for open positions, including some in-house attorney positions.

Because you've completed a judicial clerkship, you're eligible to apply for something that most BigLaw first-year associates one cannot (unless they have an LL.M or other specialized training): the Department of Justice Honors Program. This is a program for entry-level attorneys. Federal benefits include 13 days of earned sick leave each year and those days can accumulate indefinitely. It also includes consideration for the Attorney Student Loan Repayment Program.

The Possibility of Establishing a Lifetime Mentorship

You'll recall that we mention the importance of mentorship for associate attorneys in many of our articles. Completing a judicial clerkship provides you with the possibility of establishing a lifetime mentorship. What would you do if you could establish a lifetime mentorship with someone who reached the top of your chosen industry? In the event of another pandemic such as COVID-19 or another recession (because, again, a recession is a natural part of the economic process), imagine having someone who has experienced these matters and could answer your questions and help provide insight. Imagine having someone willing to tell you about potential legal employment openings they've heard about that they believe would be a good fit for you.

However, it is important to consider that mentorship is only a possibility. It doesn't always happen. It's also important to consider that there is a danger of hero worship. Hero worship could cloud your judgment.

Choosing the Best Judicial Clerkship to Improve Your Future Legal Employment Opportunities

So, you're interested in the judicial clerkship program to help ensure that you're well-skilled and also protected during the recession. Which judicial clerkship option should you apply for: federal or state? Appellate or district? The answer is: consider your future legal employment desires. If you want to work in BigLaw, a federal judicial clerkship may be best unless the BigLaw firm you're interested in handles primarily state-level work. If you're more interested in working for a smaller law firm or eventually opening your practice, consider a judicial clerkship at the state level so you'll learn more about state law and the state court system.

The second part of the question: appellate or district? If you enjoy the process of legal research and writing, an appellate court (whether federal or state) is a good choice. If you're more interested in being a litigator, a judicial clerkship at the district level will put you in the middle of the daily court action. You'll still get plenty of practical legal research and legal writing experience, and you'll also get to involve yourself in the daily life of the court.