Types of Clerkships

Two Types of Courts; Two Types of Experience

Most clerkship opportunities are found in the trial and appellate courts. Each offers a different type of experience: 

Trial Court Clerk
Trial court clerks gain broad exposure to attorneys and law firms, a benefit for those who decide to become litigators. Trial court clerks have broader duties than most other judicial clerks and are assigned a greater variety of tasks:

• Drafting opinions, either long or short
• Assisting with discovery meetings and conflicts
• Attending settlement conferences and trials
• Reviewing dispositive motions filed by parties
• Researching issues raised in the motions
• Drafting memoranda for the judge on the issues raised
• Swearing in jurors and witnesses
• Assisting during trial with evidence and exhibits

Appellate Court Clerk
The appellate court clerk's duties include:

• Reviewing briefs filed by the parties
• Reviewing portions of the record
• Researching legal questions
• Drafting bench memoranda
• Assisting the judge in drafting and editing opinions

Appellate clerks may be in the courtroom during oral arguments and discuss cases with their judges before and after argument.

Appellate courts in a few states, such as California, hire staff attorneys, leaving no opportunity for clerkships. Staff attorneys have the same responsibilities as clerks, but work for the entire court, not a specific judge. On the upside, this arrangement creates permanent "quasi-judicial clerkship" positions for graduating law students.

Others

Other courts offer exposure to special practice areas. They include:

• U.S. Bankruptcy Court
• U.S. Court of Federal Claims
• U.S. Tax Court
• U.S. Court of International Trade
• State specialty courts

Clerks in these courts perform duties similar to trial court clerks, while gaining greater understanding of a particular field of law.

Regardless of the level or specialized court, employers value the insights clerks gain about the process, and their association with specific judges, courts, attorneys, and firms.

Top of Page