Top 5 Do’s and Don’ts for Judicial Clerkship Applications

Most law students know clerkships are excellent platforms for launching a career in litigation. Clerkship opportunities exist in many practice areas, such a criminal law, bankruptcy, family law, and tax, among others, and at the state and federal levels. In addition to putting your best foot forward with error-free clerkship application materials, you should also tailor your documents to the clerkships for which you are applying.

You may be wondering how you can customize your clerkship materials. After all, these applications generally require the same documents—a cover letter, résumé, law school and undergraduate transcripts, letters of recommendation, and writing sample (one or more, depending on the judge). While many law school career services offices have clerkship handbooks offering guidance, the below recommendations provide deeper insight on what you should, and just as importantly, should not, be doing when building your applications.

How to Submit an Effective Clerkship Application

1. Application Strategy

• Don’t Blanket Apply: You are going to waste time and resources if you send the same generic application to hundreds of judges. Instead, create a strategy for choosing the judges to whom you will apply. Take a realistic look at your grades and career interests, and be honest with yourself. If you’re not in the top 10%, it’s unlikely you will land a competitive federal clerkship. Similarly, if you have no interest in practicing criminal law, don’t pursue a clerkship in criminal court. Lastly, but of extreme importance, apply only to those judges you would accept an offer from if given the opportunity. If the judge’s chambers is hours away and commuting would be a logistical nightmare, skip the application.

• Do Research Judges: Start by reading the OSCAR requirements closely for federal judges, or the online postings for state judges (note: if you cannot locate a posting for a judge, call their chambers to get details; these judges are likely hiring, but will receive fewer applications due to the absence of an online posting). Make sure to submit all required documents and in the manner specified by the judge. There’s no point in sending a mailed application if the judge only accepts online submissions. As for research, there are multiple sites where you can conduct in-depth research. Check out the Biographical Directory of Judges on the Federal Judicial Center website. You can search by name or more advanced criteria, such as education. Research where your judge went to law school as well as their undergraduate university—you’d be surprised how many judges take note of a shared alma mater.  

2. Clerkship Résumés and Cover Letters

• Don’t Send Generic Documents: Avoid sending general applications to judges who preside over courts handling only specific types of matters. Submitting a résumé to a family law judge without any coursework in that area probably isn’t worth your time. Instead, select judges who handle matters in practice areas in which you have a demonstrated interest, and make explicit reference to that interest in your documents.

• Do Tailor Your Résumé and Cover Letter: These documents should not only highlight your legal research and writing skills, but also list courses, internships, and activities relevant to the clerkships to which you’re applying. For example, list tax classes for applications to tax courts, or an appellate brief you prepared if applying to appellate level courts. Although clerkship application cover letters should be brief, do state why you are interested in a particular clerkship, or make a connection to the judge. If applicable, indicate you are a resident of the county in which the state judge to whom you are applying sits, that you and the judge attended the same alma mater, or highlight another shared experience.

3. Clerkship Application Timeline

• Don’t Be Late: Waiting until the eleventh hour to apply for clerkships is a bad idea for various reasons. First, these desirable positions fill up fast. Your options lessen as time passes. Aside from a smaller pool of available clerkships, rushed applications mean you will be hurrying your recommenders, which could result in hastily-written letters. Additionally, when you rush to complete documents, you’re more likely to make errors, which can be fatal for a clerkship application.

• Do Start Early: If you are interested in clerking, begin strategizing early, ideally when selecting classes for your second year. Choose relevant courses such as fed courts and advanced research and writing, and pursue judicial internships or research assistant positions. This also gives you time to start building relationships with potential writers of letters of recommendation.

4. Letters of Recommendation

• Don’t Leave Recommenders Guessing: Your letters of recommendation should be tailored as well, detailing the skills, knowledge, and experiences that will make you a great law clerk. Don’t expect your recommenders to read your mind. They are likely law professors or practicing attorneys pressed for time. Provide them with your résumé and all clerkship application materials upfront, and write a blurb about why you are pursuing a clerkship. Detail any attributes that make you diverse or distinctive; perhaps you are a first-generation law student or have unique work experience. Lastly, make an appointment to see your recommenders in person, so you can convey what you hope to highlight in the letters. 

• Do Select Recommenders Strategically: Choose recommenders who know you and your work well. Think twice about choosing a professor merely because you received an “A” in their hundred-person law class—if the faculty member does not know you, how strong of a letter can they write? Select a professor from a smaller or upper-level course that knows your work. A lackluster letter does little to support your application. Additionally, you can also select a recommender that can help explain a blemish in your application, such as a low grade.

5. Writing Samples

• Don’t Use First-year Legal Writing: This is a red flag and may signal to a judge that you have not engaged in much legal writing since first year. Your writing skills should also have progressed since your first year. Make sure to seek out opportunities to write, and if you do not have another piece of writing to use, contact a recommender and ask them to assign you a topic so you can prepare an appropriate writing sample.

• Do Use Tailored Samples: For federal clerkships, an ideal writing sample includes analysis of a federal law issue. In addition to showing you have strong writing skills, the goal is to demonstrate you have the requisite research and writing experience in relevant areas.

Taken all together, the main message is to think strategically about the clerkships to which you will apply. Do your homework and customize your materials. While it may sound time-consuming, it will exponentially increase your likelihood of not only securing a post-graduate clerkship, but also one that is a good fit.