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Clerking--Talking about cases after disposition

Posted: Sun Jul 22, 2012 8:55 pm
by Anonymous User
I know that there is a strict rule of not discussing cases outside of chambers while they are pending, but what about after the disposition has issued? I assume you still can't talk about internal deliberations and specifics about how the case was resolved, but can you generally talk about the subject matter? i.e., if you are applying for a job and they ask you about your experience on the court, can you mention in general what kind of cases you worked on without being too specific about the facts of the case?

Re: Clerking--Talking about cases after disposition

Posted: Mon Jul 23, 2012 11:12 am
by ggocat
Anonymous User wrote:I know that there is a strict rule of not discussing cases outside of chambers while they are pending, but what about after the disposition has issued? I assume you still can't talk about internal deliberations and specifics about how the case was resolved, but can you generally talk about the subject matter? i.e., if you are applying for a job and they ask you about your experience on the court, can you mention in general what kind of cases you worked on without being too specific about the facts of the case?
First, ask your judge. Most judges probably do not care that you talk about general subject matter of cases (e.g., "I worked on a habeas case involving ineffective assistance," or, "I worked on case involving heightened pleading standards for fraud."). Most judges probably will allow you to accurately describe what you did (e.g., "I wrote memoranda and prepared a draft order.").

Re: Clerking--Talking about cases after disposition

Posted: Mon Jul 23, 2012 11:51 am
by Tyrion Lannister
Anonymous User wrote:I know that there is a strict rule of not discussing cases outside of chambers while they are pending, but what about after the disposition has issued? I assume you still can't talk about internal deliberations and specifics about how the case was resolved, but can you generally talk about the subject matter? i.e., if you are applying for a job and they ask you about your experience on the court, can you mention in general what kind of cases you worked on without being too specific about the facts of the case?
I would ask your judge to be safe. At the district level, though, I think info on which clerk is assigned to a given case is usually quasi-public knowledge - one clerk is usually assigned to even cases and another to odd ones, so it wouldn't take much effort to figure out who is working on which cases.