How to Succeed in Your Clerking Job

Law Clerk (defined): A student of law working under the supervision of a or in order to learn law or gain experience.

Law clerk positions are an excellent way for students to find out about different practice areas or different types of employers. As a law clerk, you want a meaningful work experience and to learn what it’s like to be a lawyer. On the flip side, employers want hardworking clerks who will do excellent, timely work on behalf of their clients. What do you need to do to succeed as a law clerk? What Employers Look For In Law Clerks: • Excellent work product, whether it is in writing, dealing with clients or oral advocacy in . • Good judgment, which covers a myriad of issues. Dress appropriately. Treat other attorneys, staff and clients with respect. Exercise common sense! • Enthusiasm for the projects assigned and for the employer. Not every work assignment will be exciting or fun but remember, attorneys want to hire people that want to work for them. • Flexibility, in dealing with different work styles, personalities and assignments. • Appreciation of the employer and the opportunity you were given to work for them. • The ability to “fit in” and get along with others, both attorneys and staff. • An understanding of the organization and its goals. • Realistic expectations of the work and what you can expect from your clerking experience.

Things To Do Before You Begin Your Clerkship: • Think about what you want to learn from your clerkship this summer. Considering making a list. Making a list will help you to identify different types of experiences you want and will help you to help your employer. These could include different topical issues, different types of assignments or different types of research. Many employers will try to give you work assignments accordingly. • Say “yes” to the experience during your time as a law clerk. If the employer invites you to shadow, tag along, sit-in or participate in other aspects of the office’s work (substantive or administrative) take the opportunity whenever possible, regardless of your level of interest in the specifics. • If you know another student who previously worked for the office, talk with them about their experience. Seek insight about the day-to-day of the employer and how you can be successful in your clerkship. • Get the administrative details straight. Call the office manager/ coordinator and make sure you know the following before your first day of work:

• Clarify your start date and the time you should arrive at work. • Make sure you know how to get to the office and where you should park. • If in doubt, ask about the dress code.

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• Ask what you should bring on your first day (Social Security card, etc.) You will probably need to fill out some paperwork. • Your salary or hourly rate and how you will get paid (weekly? monthly?).

• Bring a pen and legal pad with you on your first day. You will want to be able to take notes. • When changing jobs, make sure you have alerted your new employer to any potential conflicts of interest. • On your first day, INTRODUCE YOURSELF around to everyone - attorneys and staff. Depending on the size of the office it may be important to work with as many people as possible. • Get yourself and your space ORGANIZED - make sure you have the basic office supplies. Set up a filing system that will work for you.

Getting Started: • If you will be working for more than one attorney, clarify how you will be given your assignments. Consider using a version of the Project Assignment Checklist (attached) when taking notes or receiving an assignment from an attorney. • Know the rules of the office. How should you record and report your time on cases? What are the rules on reimbursement for expenses and where do you turn in your receipts? Where are client files kept (centrally or in individual attorney offices)? Are you expected to do your own word processing or to utilize the attorney’s staff? • When you get your first assignment, consider using the Project Assignment Checklist as a guideline for understanding the project. If you have any doubt about what you need to be doing, repeat the information back to the attorney and clarify as needed. Make sure you know the deadline, an estimate of how much time they expect you to spend on this, and what product they expect to receive from you. • Never assume it is ok to do all your RESEARCH on-line - it's expensive and generally you will need to start with books and (maybe) end with on-line research. Think through the project and plan a research strategy. • Know your "audience" - recognize that different attorneys may have different work styles and expectations; ask for an example of memos the attorney thinks are well drafted - this will give you a clue as to the style, approach and formality the attorney prefers. • A common complaint by students is lack of feedback. Remember, attorneys are busy people – that’s why they hired a law clerk! To make sure you’re on the right track, after your first couple of assignments, if you don’t receive any feedback, check in with the assigning attorney. Tell them that, because this is your first clerkship (or because you’re new to the office) you would like some feedback on the assignment you did for them. Was it done to their satisfaction? Are there any areas that need improvement in future assignments? • Take advantage of other professional opportunities. Are the attorneys in your office willing to let you tag along to a deposition or hearing? Can you sit in on a client interview for a case you’ve been doing research on? How about opportunities outside the office - if an attorney you work with is attending (or better yet speaking at) a Continuing (CLE) seminar, ask if you can attend. If the attorneys are active in Bar activities, ask if you can attend an event or meeting with them.

Wrapping Up: • References. Who will you ask to serve as a reference? Does the office have a policy about giving references? Choose a reference who can speak knowledgeably about your work product as well as your personality and work habits. Choose someone who will say nice things about your work, and will do so enthusiastically. When asking someone to be a reference for you, begin by sharing how much you have enjoyed working for the reference and for this employer. Ask if you may list them as one of your references for a future job search.

Project Assignment Checklist* Date:

Project:

Final Due Date:

Interim Deadlines:

Format/Output Requested:

Assigning Attorney: Phone: Email:

Others working on the project:

Client/File Name: Billing Code:

Adverse Parties/Other Potential Parties:

Questions to ask assigning attorney: 1. How will this information/document be used? Who is the audience?

2. In what format do you want the information (memo/draft pleading; hard copy/email)? Do you have a good sample that you can show me of what you want the final product to look like?

3. Where is the client file located? Is there any existing research or preliminary information I should

consult before starting this project? Do you have any suggested primary/secondary research tools I should start with?

4. Do you have an estimate for how much time I should spend on this project? Is there a point at which I should plan to check back with you? (After initial research, after x number of hours).

5. What is the deadline for this project?