Clerkships

1.800. 973. 1177

WEEKLY RECRUITER SPEAK

Clerkships Do clerkships make you more marketable after law school? BCG Attorney Search recruiters tackle that very question in this week’s Recruiter Speak.

Question

the same prestige level as federal district

very aggressively for federal clerkships and

I have been offered a clerkship with a state

court clerkships.

do so more than they do for state judicial

court of appeals. Will taking that position en-

clerkships. Given the prestige of a federal

hance my marketability? Currently I am a 2L,

Appellate clerkships involve mainly research

clerkship, it can often make you marketable

top 10%, in a second-tier law school. Thanks

and writing about issues the trial court has

far beyond the geographic area where you

for your help.

already ruled upon and reviewing the District

are clerking.

Court’s errors. Appellate clerkships typically Answer

involve more arcane and novel issues of law

State Court Clerkships. There are differ-

It depends. As discussed below, a state

than are typically litigated at the trial level.

ent distinctions in the state court system;

court clerkship will generally enhance your

In an appellate clerkship you are less likely

ordinarily, you will also have a supreme

marketability if you are planning on working

to get to know the lawyers involved in the

court, appellate courts and trial courts. The

in the state where you are clerking. Never-

underlying litigation.

same prestige distinctions are also present

theless, the value of a clerkship should not

at the state level, with a state supreme court

necessarily be something that you view as a

District court clerkships involve actual is-

clerkship being the most prestigious. Just

tool to make you marketable. Most impor-

sues being litigated at the trial court level

as certain federal district courts in various

tantly, the skills and insight you will acquire

and typically have more in-court action. In

geographical locations are considered pres-

during your clerkship will be something that

a district court clerkship you may see many

tigious places to clerk, so too are the state

should help you throughout your career.

of the same lawyers in court day in and day

courts in different states. In general, if you

out. In a circuit court clerkship, you are likely

are clerking for an appellate court in a major

A state court clerkship is likely to make you

to see the attorneys involved only when they

state, this will be more prestigious than if

marketable if you are considering working

present their appellate arguments in court.

you are doing the same thing in a smaller

in the state where you will be clerking. It

state.

is useful to examine the different types of

There are also numerous distinctions

clerkships. Each type of clerkship has its

between clerkships at the federal level. For

advantages and disadvantages. In order to

example, clerking for the Chief Justice of the

typically something that is also an advan-

help you understand the role a clerkship will

United States Supreme Court is generally

tage. While a state court clerkship will not

have in your marketability, the differences

considered the most prestigious clerkship

necessarily increase your chances of being

between federal and state clerkships are

there is. Similarly, a clerkship with a federal

marketable anywhere throughout the United

analyzed below.

district judge in the Eastern District of New

States, it can do you a tremendous amount

York is more prestigious than a clerkship

of good in the area where you are clerking.

Federal Clerkships. At the Federal level, the

with a federal district judge in Bay City,

order of prestige of clerkships is typically:

Michigan, for example. Attorneys who clerk

(1) the Supreme Court, (2) circuit (appellate)

for the most prestigious judges are typically

clerkships, (3) federal district court (trial

those whose “marketability” is likely to be

court) clerkships, (4) clerkships with United

increased as a result.

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 clerk-

States magistrates (who do a lot of the “grunt work” for federal district court judges). There

Typically, the most prestigious clerkships

are also several specialized courts (such as

have been those with federal judges. At top

Federal Tax Courts) that are of approximately

national law schools, students compete

PAGE 1

The problem with a state court clerkship is

continued on back

1. 800. 973.1177

WEEKLY RECRUITER SPEAK

process and have the idea of how decisions

look at more sources of information if working

are made and the implications these decisions

in a law firm is something you want to do. If

You need to remember that accepting a clerk-

have on peoples’ lives. Most clerks describe

you are considering accepting a clerkship just

ship is much like the decision of where you

the year they spent clerking as the most

to make yourself more marketable, you are

decided to go to law school. There are major

relaxing, intellectually challenging and inter-

not doing yourself, the judge you will be work-

national law schools that vary in prestige and

esting year of their lives. And this is really the

ing for, or the justice system itself any favors.

there are smaller local law schools that vary

essence of a clerkship. It allows you to see

in prestige. For example, attending a law

the inner workings of the legal system, work

school like Yale is going to give you a serious

closely with a judge and will provide you with

advantage when you are applying to positions

a level of illumination about the legal system

throughout the United States. A law school

itself that you will carry with you throughout

like Yale might be compared to clerking on the

your legal career.

ship should be enormously valuable.

Supreme Court. Conversely, a smaller more local law school like the University of Toledo

My belief is that you should not clerk simply

is not going to give you as much of an advan-

because you think it is something that will get

tage throughout the United States. This school

you a better position. A clerkship is something

will, however, probably give you good options

that you should do because it will add depth

in Toledo, Ohio.

and meaning to your future legal career. I do not believe that a state court clerkship (es-

Accordingly, before you accept your clerkship,

pecially with an appellate judge) can possibly

I would recommend having a good under-

hurt your marketability. Indeed, the skills and

standing of whether or not you want to work in

understanding you pick up during your clerk-

the area where you will be clerking. The clerk-

ship will be something you can carry with you

ship is most likely to make you marketable if

throughout your career.

you are seeking to work in the state where you are clerking. I would also do some research

Conclusions. In order to determine whether

into where the judge’s former clerks ended up

you should take a state court clerkship, it will

working. By learning this you can also get a

be important that you analyze whether or not

decent idea of what your marketability might

you want to work in the area of the country

be following the clerkship.

where you may be clerking. While a state court clerkship is typically not as prestigious

Additionally, you have stated a concern about

as a federal one, it is something that can

being “marketable”; nevertheless, you have

provide you with important local contacts and

not told me where you would like to be mar-

knowledge of state law. More importantly, I

ketable. Do you want to be marketable in the

seriously doubt that a state court clerkship

area you are clerking in? Do you want to be

will hurt you. Instead, a state court clerkship

marketable to a law firm, corporation, public

will provide you with tools and an understand-

interest group, prosecutor’s office? You get

ing of the legal system you can carry with you

the idea. You should also think through the

throughout your career.

answers to these questions as you are deciding whether or not to clerk.

While I have saved this for last, I believe that an important component of your question

The value of your clerkship should not neces-

involves a brief discussion in this conclusion.

sarily be viewed as a tool to make you mar-

You are a second year law student and it is

ketable. Clerking is something that gives you

only December. If your goal is to be market-

tools and memories that most clerks carry

able to a law firm, you may be “barking up the

with them throughout their careers. When you

wrong tree” at this point by simply seeking a

sit on the judge’s side of the bench, you get

clerkship. Instead, you should accelerate your

the feeling that you are really part of the legal

job search and apply to more law firms and

PAGE 2