Top Ten Tips To The Judicial Clerkship Interview
The clerkship interview is itself a prize. Getting yourself out of the box of applicants is the biggest challenge in applying for a judicial clerkship.
The clerkship interview is itself a prize. Getting yourself out of the box of applicants is the biggest challenge in applying for a judicial clerkship. Once you are selected for an interview from among the hundreds of applicants, you are now in the minority of a dozen or so (or perhaps even less, depending on the judge) who actually have a fairly good shot at the ultimate prize. Yet the clerkship interview is a fine art, for you are about to enter the world of the judges—a world unlike that of any other employer. At this point, your academic record or other factors may have gotten you to the interview, and now for many judges it is mostly a matter of chemistry, personality, and how well you get along with the judge and others in chambers. What are the pitfalls to avoid and the etiquette to immerse yourself in before you knock on that door of incredible opportunity? I will share with you here my ten top tips for the clerkship interview.
Tip #1: Entering Wisely from Your Application Process
Preparation for the judicial clerkship interview starts before that first phone call. You need to lay the groundwork well in your application process. For guidance see my previous article in this series, “Strategies for Success – The Quest for Your Judicial Clerkship”.
What Do Millennials Think Of Law Firm Life?
A critical component will be the golden rule—never apply to a judge for whom you would not want to clerk. Research thoroughly in advance. If you have done your initial research and selected only those judges who most interest you and are logistically appropriate, you will have prevented problems that can occur in the interview phase, as will be explained below.
Tip #2: Scheduling Your Interviews Strategically
Once you have submitted your applications for a clerkship, you may be hearing from a judge at any time. Check your messages frequently and call back the judge promptly—before the best interview slots are taken. Beware of the risk that the later interviews may be cancelled if the judge gives an offer to one of the earlier interviewees. As a consequence, a wise strategy is to try to accept the first interview slot offered, even if it involves some inconvenience, short notice, or other difficulties for you to arrange.
Although you should not pass up on a chance to interview with the thought of waiting for another judge to call, you can seize the opportunity to parlay additional interviews with other judges in that area, particularly if you will be traveling far away. Most judges are cognizant of the tremendous cost to a student associated with such long distance travel, and will be understanding your attempt to limit your expenses and optimize your trip. There may also be a benefit simply in providing a reason for the judge or staff to pull your application out of a large pile for review. Regardless of whether this strategy works in every case, it should not be held against you as long as you inquire politely.
Sponsored
Stuck Drafting A Tough Brief? This Tool Can Help.
What Do Millennials Think Of Law Firm Life?
Legal Knowledge Management To Drive Dealmaking
Tip #3: Channeling Your Communications with Chambers
When calling the judge’s chambers to schedule your interview, consider this contact to be a special preview. In all your contacts with chambers, be careful to be courteous and deferential to the secretary and law clerks—they are interviewing you too and may have considerable weight in the judge’s decision. Try to elicit further information from the law clerk or secretary, such as the expected length of the interview, general format, or other people with whom you will be interviewing. Stay sensitive to the egalitarian nature of a judge’s chambers and the critical importance of being a “team player.”
Some judges will include the secretary or law clerks in the actual interview, while others will have this process occur less formally through your interactions with them in chambers. Even apparently casual conversation and chemistry (whether good or bad) will relayed to the judge as an indicator of your ability to get along with these colleagues. If you remember that every member of the chambers staff is an extension of the judge and act appropriately—with neither arrogance nor over familiarity—this approach should help you develop a rapport with them and, ultimately, the judge.
Tip #4: Preparing for the Precious Interview
In your preparation for the interview, you should undergo another round of research and information gathering for this judge. The first type of information to determine concerns the mechanics of the interview. Since the style, format, and substance of the interview vary so greatly, this is valuable knowledge to have if at all possible in advance. You may be able to get a sense of the format and approach of this judge in your initial scheduling conversation with chambers staff. In addition, talk to former law clerks if you can, or other students who have been through the process of interviewing with the judge. To that end, consult whatever resources may be available in your law school regarding this judge and past interviews.
Sponsored
The Global Legal News You Need, When You Need It
Now is the time to read up on some of the judge’s cases, particularly the prominent past or recent ones, including published decisions. One of these cases or issues may be raised in the interview. Moreover, the style of the judge will be somewhat instilled in your thoughts by reading his or her opinions and you will enter the interview with more confidence. Include in your information-gathering biographical and background reading on the atmosphere, protocol, and style of the judge’s chambers, as well as the role of the law clerk.
Bring to the interview additional copies of your own application materials, which you should review and be ready to discuss. If you have any updated items such as new grades, honors, or activities, provide them, along with a list of references and their phone numbers. This packet can include your published law review article or an additional writing sample, which you may have held back or not written until now; you may decide to offer it to the judge and possibly address it in the interview.
Tip #5: Knowing What to Expect in the Main Event
The content of the clerkship interview is characterized by its lack of a standard format or uniformity. Depending on the judge, the length of the interview may range from fifteen minutes to two or more hours. Most general tips as to job interviewing techniques do apply. Two distinctive adages hold true in this situation—“know thyself” and “know thy judge”—and be prepared to demonstrate both.
One important feature that distinguishes a clerkship interview is the highly personalized nature of the relationship between a judge and law clerk, which may shape the interview. For this reason, do not be surprised if the judge asks you a question of a personal nature that might be improper coming from a law firm or other potential employer. The judge’s inquiry may include what your father does for a living or other questions about your family, to get to know you better on a personal level, look for a common connection, or even a conflict of interest.
Asking about your political views or some other topic usually avoided will be fair game here. Of course, the standard questions about your interests, hobbies, and activities will likely be discussed, but unlike other employers where your answers may merely be keeping the dialogue going, the judge will truly be interested in your responses to see if one of these interests sparks a common ground. Knowing these mutual interests first from your research on the judge will be an advantage.
At this point, the judge will almost certainly be looking for personality and fit—someone who will be comfortable to get along with and interesting to have in chambers, rather than just a brainy law student. Unlike other employers, practically anything could come up in an interview, within reason, and you will react with more poise if you are aware of this unique nature.
On the other hand, the interview may hold a very legal, substantive discussion. It is typical for a judge to ask you which of his or her opinions you found most interesting. The interview dialogue could include anything from your courses in law school or your law review topic, to controversial events in the news or important legal precedents. Keep in mind that the judge may be looking for someone who is not afraid to challenge him or her on these issues; this type of intellectual honesty may make you stand out of the crowd of the overly obsequious. Depending on the judge, the legal rigors of the interview could also involve a writing exercise or some other test of your critical reasoning and writing skills.
Tip #6: Opening Your Mind to an On-the-Spot Offer
Finally, be prepared when you go into that interview to accept an offer if you are fortunate enough to have one extended to you. If you have done the necessary research before this point, you should be walking into an interview with a judge for whom you would be happy to clerk. Do all weighing of your personal life and logistical aspects (e.g., location, time, commitments) in advance.
If something unusual or offensive does arise in the interview and you suddenly discover you do not want to clerk for that judge, the protocol you must follow is to withdraw your application promptly with a tactful phone call to the judge’s chambers.
Tip #7: Realizing the Risk of “Exploding” Offers
Offers and acceptances may occur very quickly, depending on the judge. Some judges will present an offer to an applicant on the spot at the interview or call soon thereafter. Others will wait until they have interviewed the other candidates first. They may give you an idea of their procedure and expected timeframe at your interview. In any case, the judge will usually call you personally to make the offer.
Most importantly, know that this is not like any other process you have ever experienced. It is not like applying for a position at a law firm, for instance, where you collect up your offers, make inquiries or go back for more information, and then make your decision.
Judges vary as to the timeframe they will allow for your response to their offer for a clerkship. Most judges to expect you to give an immediate, enthusiastic acceptance. Some will be more sensitive to your need to run this by a spouse or significant other, and perhaps give you twenty-four hours or more to decide.
However, you should be forewarned that many judges give what has been called an “exploding offer.” If one of these judges perceives hesitancy or reluctance on your part instead of an immediate acceptance, the judge may be offended and rescind the offer forthwith. Unfortunately, this puts a great deal of pressure on the applicant who may have some other personal factors to consider; plan to do so before the interview.
You may be able to determine through your earlier research the practices of a judge in this regard, or may gauge a sense of the judge’s attitude at the time the offer is presented. In any event, being educated on this possibility and prepared to give your response will save you from potential disaster.
Tip #8: Accepting the Etiquette of Acceptances
Most law school career counselors will instruct you not to turn down a clerkship offer from a judge, and this is generally sound advice. There is an institutional reason for this policy as well, because your actions may jeopardize the chances of other students from your law school. One can never tell how far the wrath of a judge scorned will extend and exactly what the consequences will be, for you or for others. Word travels quickly among the judges, and many judges would not risk offending one of their own by hiring that candidate as a law clerk.
If you do find yourself in an untenable position and need to decline the offer, do so with extreme care and hope for the best. But do not take this action without due consideration or merely as a matter of strategy with the expectation of receiving an offer from another judge.
Tip #9: Following up with the Proper Formality
As a practical matter, the timing of the process may not give you the opportunity to send a thank you note or letter before the judge has made a decision. However, if at all possible, you should adhere to the etiquette of sending a brief letter immediately after the interview.
Since judges typically do not send you a formal letter on the status of your application, you may need to make a follow-up call to the chambers staff a week or two later to inquire. As part of this renewed contact, be sure to take this opportunity for a casual chat to reiterate your interest in the judge and your pleasure in meeting the secretary or law clerk. You never know whether this potential ally may be able to tip the scale in your direction with the judge.
Of course, if you do have the good fortune to receive and accept an offer, you must send a letter to each of the other judges respectfully withdrawing your application for a clerkship in their chambers and providing this reason.
Tip #10: Considering Some Cautious Optimism
You should enter the process knowing that it is unlike any other you have experienced. A clerkship interview and offer are much more personal and seldom bestowed. As a consequence, this situation requires more forethought and care. Hopefully, you will have avoided any problems by following this advice and doing your research well.*
Some element of fate will do the rest and bring you to this moment. If so, you should be thrilled to receive an offer to work for this judge. Plus you have now set the stage for a positive clerkship experience!
* For more on the clerkship interview, including lists of sample questions a judge may ask you and questions to ask the judge and staff, see Behind the Bench: The Guide to Judicial Clerkships. The book provides background on the courts and the clerkship experience, resources to consult in your research, and advice on all aspects of the application process, including what to do if you do not receive an offer the first time around and other long-term strategies for success.
Debra M. Strauss is Professor of Business Law at Charles F. Dolan School of Business, Fairfield University; B.A., Cornell University; J.D., Yale Law School. A former federal law clerk for the Chief Judge of the U.S. District Court for the S.D.N.Y. as well as a frequent speaker at law schools and judicial conferences, she is the author of the book, Behind the Bench: The Guide to Judicial Clerkships (affiliate link), 2nd edition (West Academic Publishing 2017), and the website, www.judicialclerkships.com.
