Temporary Clerk? Pros/cons? Forum

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dothewhirlwind

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Temporary Clerk? Pros/cons?

Post by dothewhirlwind » Thu May 16, 2019 9:43 pm

Thoughts on temporary clerkships? There is one I was just alerted to that opened up and it would be for roughly 6 months, specifically for a 12 week trial. District court in sort of a random area, but the trial is in a subject area that I am interested in/I assume would help me for my career? It sounds like a really cool opportunity. Currently a first year litigation associate V5 new york. I assume that since the clerkship is only 6 months instead of a year I wouldn't get a bonus but I would have to assume that it would still count towards class progression, and I would return in Jan as a second year. Curious if anyone has ever done something like this or has any thoughts about pros/cons. I really do want to clerk, for what that's worth. Had some weird interviews during law school and didn't get one, but was planning to return to it at some point, so I don't know, this seemed like it was worth a shot. Thanks in advance!

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Re: Temporary Clerk? Pros/cons?

Post by Anonymous User » Thu May 16, 2019 10:19 pm

dothewhirlwind wrote:Thoughts on temporary clerkships? There is one I was just alerted to that opened up and it would be for roughly 6 months, specifically for a 12 week trial. District court in sort of a random area, but the trial is in a subject area that I am interested in/I assume would help me for my career? It sounds like a really cool opportunity. Currently a first year litigation associate V5 new york. I assume that since the clerkship is only 6 months instead of a year I wouldn't get a bonus but I would have to assume that it would still count towards class progression, and I would return in Jan as a second year. Curious if anyone has ever done something like this or has any thoughts about pros/cons. I really do want to clerk, for what that's worth. Had some weird interviews during law school and didn't get one, but was planning to return to it at some point, so I don't know, this seemed like it was worth a shot. Thanks in advance!
I’ve not done it but I’ve heard it’s a great way to clerk, especially as a junior associate. A guy at my firm did it for a 5-month trial as a third year and slotted right back into synch with his class at the firm when the trial was over. I’m not sure what he got for a bonus—I’m sure he got one, but I don’t know whether it was the full $50K or a prorated amount.

This sounds like an ideal situation for you too. Not all district clerkships are created equal and guaranteeing yourself a complex trial in an area relevant to your practice is about as good as you can ask for. Working as a clerk on that trial is going to be much, much better training than what you’ll going to get during those 3 months as a first year, even at a V5, and it’s going to be a more enjoyable 3 months for you too. Then you’ll have the clerkship on the resume for the rest of your career without having to spend a full year away from your firm and your $190K salary. Unless moving out of town for a few months would be a problem, I’d say go for it.

wwwcol

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Re: Temporary Clerk? Pros/cons?

Post by wwwcol » Thu May 16, 2019 10:30 pm

Bench or jury trial?

dothewhirlwind

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Re: Temporary Clerk? Pros/cons?

Post by dothewhirlwind » Thu May 16, 2019 11:14 pm

wwwcol wrote:Bench or jury trial?
Jury

justanotherlurker

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Re: Temporary Clerk? Pros/cons?

Post by justanotherlurker » Fri May 17, 2019 4:38 pm

Seems like great experience. My only concern is that if the case settles (which is decently likely), it won't be nearly as interesting. But if you're ok with the chance of a normal 6 month clerkship (without trial), then go for it.
Last edited by QContinuum on Thu May 23, 2019 12:20 pm, edited 1 time in total.
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Auxilio

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Re: Temporary Clerk? Pros/cons?

Post by Auxilio » Fri May 17, 2019 6:48 pm

Anonymous User wrote:Seems like great experience. My only concern is that if the case settles (which is decently likely), it won't be nearly as interesting. But if you're ok with the chance of a normal 6 month clerkship (without trial), then go for it.
He could probably just ask to go back to his firm early.

lavarman84

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Re: Temporary Clerk? Pros/cons?

Post by lavarman84 » Sun May 19, 2019 2:50 am

Will you be the clerk working the trial?

wwwcol

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Re: Temporary Clerk? Pros/cons?

Post by wwwcol » Sun May 19, 2019 8:54 am

IMO you miss out on the major benefits of a d ct clerkship: no opportunity to manage a lawsuit from MTD to discovery motions to MSJ and potentially to trial and probably little/no opportunity to improve your writing (jury trials require little written work except the post-trial motions, which will probably become ripe after your clerkship ends). Federal litigation is all about MTD/MSJ, and you won’t have a chance to learn what makes a good motion if you just sit through a single trial. And long trials are invariably boring, so you’re sitting through weeks of tedium, even if the subject matter interests you in the abstract.

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Re: Temporary Clerk? Pros/cons?

Post by Anonymous User » Sun May 19, 2019 2:28 pm

wwwcol wrote:IMO you miss out on the major benefits of a d ct clerkship: no opportunity to manage a lawsuit from MTD to discovery motions to MSJ and potentially to trial and probably little/no opportunity to improve your writing (jury trials require little written work except the post-trial motions, which will probably become ripe after your clerkship ends). Federal litigation is all about MTD/MSJ, and you won’t have a chance to learn what makes a good motion if you just sit through a single trial. And long trials are invariably boring, so you’re sitting through weeks of tedium, even if the subject matter interests you in the abstract.
I think it depends on how the judge uses clerks for their trials. I assume the only reason OP would be brought on would be specifically to work on the trial itself, and if the judge actively involves their clerks in resolving evidentiary issues, in doing fast turn-around research, and in shaping the jury instructions, it could be very valuable "actual trial" experience. (And theoretically, if OP starts early enough to be involved in resolving pre-trial motions.) But wwwcol is right insofar as more trial level litigation is on the papers, and so if the judge handles most of the mid-trial work him/herself, and you're mostly filling water jugs, tidying the courtroom, and watching the trial, you won't glean all the match. And there's always a risk of last-minute settlement, as someone else said.

All of that said, what I found most valuable from my district court clerkship were the conversations with my judge during breaks in the trial and at the end of the day. Understanding how s/he assessed the efficacy of the lawyers, what s/he thought worked or didn't work, and s/he pointing out things to never do as a lawyer was really, really helpful. A bit like the difference between watching a basketball game on mute versus watching it with the best color commentators in the world. There's just a totally different level of comprehension about what's going on. But that also assumes the judges takes the time to do this with his/her clerks. So that's another thing to consider, and if you can, to find out from a current or past clerk.

However, assuming there's a guaranteed return to your V5 and you wouldn't otherwise clerk for a district court judge, I'd say do it, OP. There is almost no chance you'll regret not having 4 more months of time as a low-level associate in biglaw.

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