Advice from Corrine Snow, former President of the Harvard Federalist Society
After meeting with a bunch of people on campus last week, I realized that there are a lot of 1Ls with the same questions about clerkships. In case anyone else has these questions, I thought I’d send this out. I know there are a lot of information gaps in the process; this is meant to help, not to freak you out. It’s totally ok to decide you aren’t going to think about clerkships until (1) next year or (2) never. It’s a cool experience, but it will NOT make or break your legal career. You can delete this email right now without the slightest tinge of guilt if you’re not interested in adding one more stress to your 1L year.
But for people who think they might want to clerk, and are wondering what they should be thinking about now, here’s my two cents. If anyone (alumni, 3Ls, etc.) has other views, or things to add, please chime in!
Q: I’m a 1L and I’m hearing that I need to start thinking about clerkships now. For real?
A: Sadly, yes. The plan is dead, and a small handful of people where hired before 2L year began on this last cycle. Another larger group were hired off of 1L grades by the winter of their 2L year. These tend to be the most competitive candidates, and plenty more people will still get hired over the course of their 2L and 3L years. Some judges only hire people with work experience, so other people will be hired a year or two into practice. If you aren’t super-competitive right now, do not worry! There are a ton of judges, and if you put in the work you will still end up with a clerkship. It may just take longer, and require you to do a little more leg work and networking.
Q: How do I know if I’m competitive?
A: Do you have mainly H’s, and possibly some Deans Prizes? If so, you are very competitive for even the circuit clerkships that are likely to hire up soonest. If not, don’t worry, a lot will change after another semester or two of grades. If you make law review over the summer, you will also be much more competitive.
If you’re interested in clerking, don’t unilaterally decide you aren’t competitive until you talk to people. By “people” I don’t mean OCS. I mean professors and 2Ls/3Ls who you trust. If you have around 50% Hs, and don’t just passively leave things to chance, you will clerk. I promise you are smart enough, and fully capable of doing the work (seriously, if I can do it, anyone can).
Remember when you thought you weren’t qualified to go to HLS? But you sent in an application, and now here you are enjoying a lovely Cambridge winter. Clerkships are no different. You may not get your first choice, and you may not get one the first time around, but if you keep more or less following this advice, you will eventually get a clerkship.
Q: If I’m competitive, what should I be doing this semester?
A: LET PEOPLE KNOW YOU ARE INTERESTED. I know it’s uncomfortable to share you grades, but no one can help you unless they know you want to clerk, and know what your transcript looks like. Each judge has different preferences, working style, and grade requirements, so the more people know about your resume, transcript, career goals, and geographic preferences, the better the chance that you will apply to a chambers that will be the right fit for you.
- Starting talking to 2-3 professors now to let them know you are interested, and find out what you need to do to build a relationship with them over this next semester in case they need to write you a recommendation in the summer or early next fall. We used to have all of 2L year to RA and get to know professors, but now it’s important that they know early if you are thinking about applying.
- Talk to 2Ls and 3Ls in fed soc, ask about judges, and about their experiences. This is your most powerful tool, so don’t be shy about asking around and asking for help. They know the process, they know the judges, and some of them will be working in the chambers when you apply next fall.
- Join JLPP. I know, making binders and finding typos sucks. I know you had to sub-site a speech-turned-article that had no footnotes. But it’s time to join the ranks of many former fed soccers who have lost hours of their youth to the journal. I will openly admit to hating journal work, but I would not have my clerkship if I had not done it. Judges want to see that you did a journal, and a lot view JLPP as the next best thing if you aren’t on law review. If you want to join a second journal on a topic you find more interesting, that’s fine too. You must still join JLPP. Trust me, trust me, trust me.
Oh, and once you join, be diligent about actually doing the work. What could be more awkward than finding out that the 3L who you gave a half-finished assignment is now working for the judge you want to apply to. Law is a very small world, and if a clerk can tell their judge “I have worked with this person before and they did a great job,” that kind of personal recommendation will go a long way.
- Take the law review competition. Read case comments. Immerse yourselves in the arcane rules of journal editing.
- Keep working hard at your classes. Just to state the obvious.
Q: What should I do this summer?
- Ask a few friends to read your writing sample to make sure it it typo-free. It doesn’t haven to be the most brilliant piece of legal work ever written, but it does need to be clearly written and perfectly bluebooked. A second or third set of eyes will really help.
- Narrow down the list of judges you want to apply to, and keep talking to people. Ask around at your summer employer and talk to former clerks. Go to the fed soc brown bag lunches with judges. If you find out that you’ve had another slam-dunk semester of grades and/or made law review, let your recommenders know so they can help guide your search. If you find out you haven’t done as well, don’t worry, just let people know so that they can help you assess when and where you should apply. The more you know, the more you will increase your odds of getting a clerkship where you’re really happy.
- Find former clerks (OCS should have a pretty comprehensive list), email them and ask to speak briefly about their experience with the judge.
- Help each other: The process is hard enough without everyone trying to do it all on their own. Exchange writing samples and resumes for proof-reading; share information.
You will thank yourself later if you have your materials (writing sample, cover letter, resume) ready to go by the end of the summer. It will prevent you from scrambling mid-semester to get things ready if you suddenly learn that a particular judge has started looking at applications. Plus, there’s rarely a disadvantage to applying earlier when the pile of applications is still relatively small.
Q: What do I do next fall?
- Apply and follow up: check with alumni and friends on the specific hiring schedule for judges you are interested in. As your recommenders to reach out to your top picks.
Before you send out applications, you should know that judges often give exploding offers, and you will likely need to accept the first offer you get. And you may not have much control over which judge calls you and gives you an offer first. So be honest with yourself — don’t send applications to judges in Alaska if you know you have a spouse with a job offer in Florida, and you know you can’t take another winter like this one. It can be cool to live in a random city for a year, but it can also be very isolating. Each clerkship is a unique and judge-dependent experience, so take the time to learn about the judges you are applying to.
On the flip side, don’t narrow your options down too much unless you’ve been told that you are highly competitive. The D.C. Circuit tends to be one of the most competitive. East and west coast circuit clerkships are also very competitive, as are clerkships in major cities. The most competitive clerkships will be with “feeder” judges who routinely send clerks to the Supreme Court.
Just remember that you need to be ready to accept offers from the judges you apply to. Otherwise, you might end up leaving your recommenders in the lurch. Talk to your significant others now, and decide what makes sense for your personal situation.
- Go to Convention: you will spend 2-3 days in a hotel packed with federal judges and current and former clerks. There will be a wealth of information and opportunities to meet people. It’s worth it.
Q: I’ve sent my stuff into OSCAR. Am I done?
No. I know most of us have gotten where we are by being super-qualified and assuming that our qualifications will get us what we want. The truth is that there are 100 qualified people for every clerkship spot, and it’s very difficult to wade through the huge stack of applications that come into chambers. Imagine this from the perspective of a clerk who has just worked a full day and is looking at a monster stack of applications. Do they want to stay up all night reading each and every writing sample to find the most brilliant one? Probably not.
I know it might sound pushy or aggressive, but a lot of people get their interviews because of a personal recommendation to the judge or a clerk. It won’t get you a clerkship if you aren’t otherwise qualified, but it will help guarantee that someone actually looks carefully at your application, and that it doesn’t get lost in the pile.
Q: I sent my stuff out and I haven’t heard back for a few weeks. What’s going on?
A: It may be that the chambers isn’t looking at applications yet, or just hasn’t gotten to yours. Remember, clerkship hiring is something the judge has to do on top of all of their actual court work. If they are busy, they may just not have gotten to it yet. That being said, keep and eye on OSCAR to make sure you haven’t applied to judges who have already filled their spots for your year. Chances are, you will not get a formal rejection letter unless you interviewed with the judge and did not received an offer.
Q: I have an interview, now what?
- Call other chambers in the same city or region where you have applied, let them know you will be in the area, and ask if you could interview with them while you are down there. This is fairly common practice, and most chambers will try to accommodate you if they can.
- Tell your recommenders and anyone else who you spoke to about the judge. They may have advice, or they may decide to make a call on your behalf at that point.
- Do a mock interview. Talk to 2Ls and 3Ls who have gone through the process already. Clerkship interviews can be fairly substantive, and some of the questions might catch you off guard if you haven’t had a chance to prepare. Consider spending 10-15 minutes each morning on legal blogs just to stay current and familiar with the big cases of the term, etc.
I know everyone’s inclination is to keep their application process as private as possible, but the more people know, the more they can help you. If you still aren’t comfortable talking openly about your application process, you are always free to email or call me with questions.