How Necessary Is A COA Clerkship For Appellate Litigation? Forum

[Anonymous User]

I'm asking this because my ultimate dream is to be an appellate litigator, but after not getting any bites this week from any federal appellate judges, I'm feeling pretty down about the chances of this ever happening. For appellate litigation at a respected boutique or Biglaw firm, how necessary is a COA clerkship? Would I be considered if I had a clerkship but it was at the district court level?

FWIW, I'm at HYS, on track to graduate with honors (though probably not top of my class) on LR, and SCOTUS clinic + a different appellate clinic. If I don't land a COA clerkship this round, I plan to reapply next year, but after that am worried it will be too late because I'm going to a firm and they've indicated they prefer associates to clerk either straight out or within their first or second year.

[Anonymous User]

Current COA clerk. I’ll leave it to the practicing lawyers to answer your specific question, but I just want to point out that not succeeding on the first attempt does not mean you’ve missed out for good. Did you apply for district court clerkships? That can be a good springboard to COA. Were you geographically flexible? Next year maybe consider applying a little more broadly. Don’t worry about your firm’s preferences. It’s not unusual to leave for a clerkship after a couple of years at a firm and then go to a different firm.

[Anonymous User]

I'm asking this because my ultimate dream is to be an appellate litigator, but after not getting any bites this week from any federal appellate judges, I'm feeling pretty down about the chances of this ever happening. For appellate litigation at a respected boutique or Biglaw firm, how necessary is a COA clerkship? Would I be considered if I had a clerkship but it was at the district court level?

FWIW, I'm at HYS, on track to graduate with honors (though probably not top of my class) on LR, and SCOTUS clinic + a different appellate clinic. If I don't land a COA clerkship this round, I plan to reapply next year, but after that am worried it will be too late because I'm going to a firm and they've indicated they prefer associates to clerk either straight out or within their first or second year.

You're most likely going to need a COA clerkship if you want to join the appellate lit practice at a major firm. But it's okay if you don't get it right out of law school. It's becoming more common for appellate judges to want a year of post-law school experience before a clerkship. With your stats + softs, you should have no issue getting a COA clerkship within the next year or two. Make sure you have solid letters of rec and have one or two profs put in calls fro you. Also keep in mind that this year's cycle is absolutely nuts, both because of the idiosyncrasies of the hiring plan, and the COVID-19 induced delays in hiring. If you're finding that you're not getting any bites from COA judges now, look into district court judges too, because those can pretty easily set you up for a COA clerkship the following term.

[cheaptilts]

Current COA clerk. I’ll leave it to the practicing lawyers to answer your specific question, but I just want to point out that not succeeding on the first attempt does not mean you’ve missed out for good. Did you apply for district court clerkships? That can be a good springboard to COA. Were you geographically flexible? Next year maybe consider applying a little more broadly. Don’t worry about your firm’s preferences. It’s not unusual to leave for a clerkship after a couple of years at a firm and then go to a different firm.

Co-signing in full. Not to belittle your feelings here, OP, but your post is really, really, really, really premature here. With your stats, I’d bet dollars to donuts that you’ll land a CoA either this cycle or the next, should you apply (and apply broadly).

[hdr]

If you want a career in appellate lit you generally need either a SCOTUS clerkship or experience in the SG's office, preferably both. Maybe you can join an appellate lit practice as an associate with just an ordinary COA clerkship, which is fine if you want to do biglaw for no more than 3-4 years. But it's not a great long-term career path for those without the strongest credentials.

[kovdak02]

If you want a career in appellate lit you generally need either a SCOTUS clerkship or experience in the SG's office, preferably both. Maybe you can join an appellate lit practice as an associate with just an ordinary COA clerkship, which is fine if you want to do biglaw for no more than 3-4 years. But it's not a great long-term career path for those without the strongest credentials.

This may be true of biglaw appellate shops (which I recognize OP mentioned), but just to clarify generally, there are plenty of appellate-focused practitioners who don't have SCOTUS clerkships or Bristol fellowships. I clerked on a COA and encountered many of them arguing in front of my judge.

If you clerk on the 6th or the 11th (for example), you'll come across smaller-firm appellate lawyers who are usually pretty talented and based in Cincinnati or Nashville or Atlanta or Miami. You can make a good living doing this in what is going to be essentially a career-long extension of the tasks you did as a COA clerk, if that sounds good to you.

[Sackboy]

If you want a career in appellate lit you generally need either a SCOTUS clerkship or experience in the SG's office, preferably both. Maybe you can join an appellate lit practice as an associate with just an ordinary COA clerkship, which is fine if you want to do biglaw for no more than 3-4 years. But it's not a great long-term career path for those without the strongest credentials.

This may be true of biglaw appellate shops (which I recognize OP mentioned), but just to clarify generally, there are plenty of appellate-focused practitioners who don't have SCOTUS clerkships or Bristol fellowships. I clerked on a COA and encountered many of them arguing in front of my judge.

If you clerk on the 6th or the 11th (for example), you'll come across smaller-firm appellate lawyers who are usually pretty talented and based in Cincinnati or Nashville or Atlanta or Miami. You can make a good living doing this in what is going to be essentially a career-long extension of the tasks you did as a COA clerk, if that sounds good to you.

hdr's advice isn't even true for biglaw. There are plenty of biglaw appellate practices that have associates who have only done COA, or even less. These people aren't necessarily the most commonly found credentialed individuals in appellate lit practices, but they're not rare either. Regardless, OP can always work at the middle-market appellate firms you've alluded to or head to a State SG with just a COA too, both of which are probably exactly what OP is looking for in terms of substance.

[Anonymous User]

Also want to add that apps have been open for less than a week so just because you don't have something now doesn't mean you won't get something this week. HYS top third + LR is usually COA-secure if such a concept exists, so I think you are prematurely throwing in the towel on this cycle unless you did something dumb and only applied to DC and NYC circuit judges.

[lavarman84]

It has been a week. Be patient. Keep applying. And see what happens. Consider doing a D. Ct. clerkship and then a COA one too. There are a lot of benefits to that, even if it costs you some money. But no, it's not strictly necessary to have a COA clerkship. However, it's going to be much, much harder without one.

If you want a career in appellate lit you generally need either a SCOTUS clerkship or experience in the SG's office, preferably both. Maybe you can join an appellate lit practice as an associate with just an ordinary COA clerkship, which is fine if you want to do biglaw for no more than 3-4 years. But it's not a great long-term career path for those without the strongest credentials.

This post isn't accurate. Although, I guess the bold is more opinion than anything.

[Anonymous User]

If you have a gap year before you leave to clerk would a firm let you work on appellate matters then? Or only after you come back post clerkship?

[cheaptilts]

If you have a gap year before you leave to clerk would a firm let you work on appellate matters then? Or only after you come back post clerkship?

Most firms won’t have juniors/non-former clerks working on appellate matters absent the appeal arising out of the case on which the junior/non-clerk was already staffed. So the whole gap year thing doesn’t even enter the equation.

[Anonymous User]

If you want a career in appellate lit you generally need either a SCOTUS clerkship or experience in the SG's office, preferably both. Maybe you can join an appellate lit practice as an associate with just an ordinary COA clerkship, which is fine if you want to do biglaw for no more than 3-4 years. But it's not a great long-term career path for those without the strongest credentials.

This may be true of biglaw appellate shops (which I recognize OP mentioned), but just to clarify generally, there are plenty of appellate-focused practitioners who don't have SCOTUS clerkships or Bristol fellowships. I clerked on a COA and encountered many of them arguing in front of my judge.

If you clerk on the 6th or the 11th (for example), you'll come across smaller-firm appellate lawyers who are usually pretty talented and based in Cincinnati or Nashville or Atlanta or Miami. You can make a good living doing this in what is going to be essentially a career-long extension of the tasks you did as a COA clerk, if that sounds good to you.

hdr's advice isn't even true for biglaw. There are plenty of biglaw appellate practices that have associates who have only done COA, or even less. These people aren't necessarily the most commonly found credentialed individuals in appellate lit practices, but they're not rare either. Regardless, OP can always work at the middle-market appellate firms you've alluded to or head to a State SG with just a COA too, both of which are probably exactly what OP is looking for in terms of substance.

Agree. I work at a firm with a robust appellate practice (Chambers ranked, appellate hot list, etc.) and the majority of the associates in our appellate group did not clerk for SCOTUS - or even a feeder judge. We're still pretty snobby, but HYS + LR + good grades + a COA clerkship at least puts you in the conversation.

[hdivschool]

A COA clerkship is pretty much a requirement. You can get appellate work here and there without one, but you won't get it regularly unless you have a clerkship or have demonstrated that you are an excellent writer.

[Sackboy]

A COA clerkship is pretty much a requirement. You can get appellate work here and there without one, but you won't get it regularly unless you have a clerkship or have demonstrated that you are an excellent writer.

There are plenty of folks with less than a COA who demonstrate that they are excellent writers to their firms. A COA clerkship makes things much easier and is probably de facto required for the tippy-top jobs, but I know several folks who are at good appellate shops without COA (and a couple without clerkships).