What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship interviews? Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about clerkship applications and clerkship hiring. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about clerkship applications and clerkship hiring. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
- Posts: 428520
- Joined: Tue Aug 11, 2009 9:32 am
What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship interviews?
I've read through all the "interview" topics here and couldn't find an answer to this one, specifically for district clerkships (if that makes a difference.)
-
- Posts: 303
- Joined: Sat Jun 13, 2015 10:12 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
There's really just the one right answer. You make your views known assertively and respectfully, but when the rubber hits the road, you're not the judge, you know that and have no problem going with the judge's view.
- rpupkin
- Posts: 5653
- Joined: Mon Dec 09, 2013 10:32 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
Agreed. Most judges want clerks who will: (1) state their views when they disagree with the judge, and will (2) implement their judge's views once the judge has decided what to do.FascinatedWanderer wrote:There's really just the one right answer. You make your views known assertively and respectfully, but when the rubber hits the road, you're not the judge, you know that and have no problem going with the judge's view.
-
- Posts: 1216
- Joined: Tue Nov 16, 2010 2:30 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
Yep. Judges will ask this question in a variety of different ways, ranging from simply a disagreement to, basically, "What would you do if I tell you to draft an order/opinion that's TOTALLY FUCKED UP IN EVERY WAY POSSIBLE?!" The right answer is basically the same.rpupkin wrote:Agreed. Most judges want clerks who will: (1) state their views when they disagree with the judge, and will (2) implement their judge's views once the judge has decided what to do.FascinatedWanderer wrote:There's really just the one right answer. You make your views known assertively and respectfully, but when the rubber hits the road, you're not the judge, you know that and have no problem going with the judge's view.
-
- Posts: 428520
- Joined: Tue Aug 11, 2009 9:32 am
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
- grand inquisitor
- Posts: 3767
- Joined: Thu Mar 26, 2015 11:21 am
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
i usually say something about "ultimately it's the judge's name on the opinion and once you have given all the advice the judge cares to hear, it's time to shut up and color."
-
- Posts: 1381
- Joined: Sat Oct 09, 2010 4:41 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
I don't even know what alternative answer one could conceive of. Leaking to the press that you disagree ?
- ggocat
- Posts: 1825
- Joined: Sat Dec 13, 2008 1:51 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
I had one judge in an interview add the caveat that it would be possible for the other clerk and me to swap a case. I think it was a trap suggestion, and I stuck to my guns with same answer as others have given above. No offer, though.jd20132013 wrote:I don't even know what alternative answer one could conceive of. Leaking to the press that you disagree ?
ETA: the question wasn't just about disagreeing with the judge on the outcome of a case for a legal reason, but it was about disagreeing about the outcome for a moral/social/personal-belief reason.
-
- Posts: 1216
- Joined: Tue Nov 16, 2010 2:30 pm
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
I suppose the idea there is that your work product might not be as good if you disagree with the result. It's inherently more difficult to write something you disagree with. If it were on the fly and I didn't have time to think about it, I might add a statement (to what has already been said above about the right answer) to the effect that "and while I think my work product would be just as strong despite any disagreements I might have with the result, if there is any doubt, maybe we could consider that case swapping suggestion."ggocat wrote:I had one judge in an interview add the caveat that it would be possible for the other clerk and me to swap a case. I think it was a trap suggestion, and I stuck to my guns with same answer as others have given above. No offer, though.jd20132013 wrote:I don't even know what alternative answer one could conceive of. Leaking to the press that you disagree ?
ETA: the question wasn't just about disagreeing with the judge on the outcome of a case for a legal reason, but it was about disagreeing about the outcome for a moral/social/personal-belief reason.
- A. Nony Mouse
- Posts: 29293
- Joined: Tue Sep 25, 2012 11:51 am
Re: What are some good answers to the "how do you handle disagreeing with your judge" question during clerkship intervie
I was asked about the moral/religious thing in the context of death penalty cases. In this instance, I think the judge was trying to give me the opportunity to raise any concerns I might have and talked about a former clerk whose Catholicism led her to be anti-DP. I don't even remember what I said, but it wasn't presented as a trap to see if I could give the right answer - it was simply a "will this job work out for you" thing.
(I'm kind of bemused that I can't remember what I said. I think I said no, because it was couched in terms of religious belief and that's not my situation, but thankfully it didn't come up in practice.)
(I'm kind of bemused that I can't remember what I said. I think I said no, because it was couched in terms of religious belief and that's not my situation, but thankfully it didn't come up in practice.)