Tips for incoming AUSAs Forum

[Anonymous User]

I'm starting as a new AUSA in a few months. Is there any substantive prep any current/former AUSAs would recommend before starting (e.g., brushing up on evidence, crim pro, etc.)? Thanks to all. I vaguely remember there being a thread about this but can't find it.

[Anonymous User]

I'm starting as a new AUSA in a few months. Is there any substantive prep any current/former AUSAs would recommend before starting (e.g., brushing up on evidence, crim pro, etc.)? Thanks to all. I vaguely remember there being a thread about this but can't find it.

Seconding because this would be beyond helpful!

[Anonymous User]

What kind of experience do you currently have (are you going from biglaw litigation and have you done much/any criminal work)?

[Anonymous User]

What kind of experience do you currently have (are you going from biglaw litigation and have you done much/any criminal work)?

I’m not OP but as for me, I’m starting right after spending two years clerking for a federal district court judge.

[Anonymous User]

Following up on my anon post above - I asked b/c what you should do to prepare depends on what you already know. Someone who's done tons of biglaw lit will need different advice than someone coming off a clerkship, for instance.

One boring but semi-useful thing is to review your district's local rules, not to memorize them or anything, but to know where to look to keep track of things like which stuff is due at what date before a trial.

I do think brushing up on the rules of crim pro and evidence would be helpful, depending on how familiar you are with them at this point.

If you're new to criminal law, maybe find a couple of cases in the district and look them up on PACER just to see what the general procedure is, what does an indictment look like, that kind of thing.

Honestly, though, it's not that easy to prepare - the stuff you don't already know makes much less sense in a vacuum and can be hard to remember/parse based only on reading it without the context of an actual case.

[Anonymous User]

Following up on my anon post above - I asked b/c what you should do to prepare depends on what you already know. Someone who's done tons of biglaw lit will need different advice than someone coming off a clerkship, for instance.

One boring but semi-useful thing is to review your district's local rules, not to memorize them or anything, but to know where to look to keep track of things like which stuff is due at what date before a trial.

I do think brushing up on the rules of crim pro and evidence would be helpful, depending on how familiar you are with them at this point.

If you're new to criminal law, maybe find a couple of cases in the district and look them up on PACER just to see what the general procedure is, what does an indictment look like, that kind of thing.

Honestly, though, it's not that easy to prepare - the stuff you don't already know makes much less sense in a vacuum and can be hard to remember/parse based only on reading it without the context of an actual case.

I'm the original OP - thanks and point taken on brushing up on crim pro and evidence! Without being too specific, I'm coming from a few years of big law lit and a district court clerkship in the district whose office I'm joining. I've done some federal criminal pro bono in big law and helped with a few criminal trials while clerking.

[Anonymous User]

Which district will hire someone out of clerking?

[Anonymous User]

Which district will hire someone out of clerking?

Multiple districts participate in Honors Program hiring (it differs year to year) and those districts only hire HP candidates with clerking experience. DC USAO will also hire right out of clerkships and I know some Main Justice HP attorneys are required to do a detail with DC USAO.

[Anonymous User]

Which district will hire someone out of clerking?

You can do it through DOJ Honors. I at least know SDNY takes Honors people and I'm sure other districts do as well, though there are not a ton of spots.

[Anonymous User]

Border districts will sometimes hire out of a clerkship, but I was thinking mostly of the Honors Program.

[Anonymous User]

Great question, OP! I’d say the most practical things you can look to right away are the local rules and the rules you need to know for initial appearances and detention hearings.

Many offices start newer AUSAs in duty court, appearing before MJs for the hearings that occur at the start of a case. Knowing the standards for detention under 18 U.S.C. § 3142, and what factors the court looks to (ie what you’re arguing) is important.

Also, if the DOJ blue books (no, not THAT Blue Book) aren’t waiting in your office, ask where the office library is so that you can get your hands on them. There is a book for virtually every kind of legal area you’ll be dealing with, and they are a phenomenal starting resource as you learn this trade.

[Anonymous User]

Great question, OP! I’d say the most practical things you can look to right away are the local rules and the rules you need to know for initial appearances and detention hearings.

Many offices start newer AUSAs in duty court, appearing before MJs for the hearings that occur at the start of a case. Knowing the standards for detention under 18 U.S.C. § 3142, and what factors the court looks to (ie what you’re arguing) is important.

Also, if the DOJ blue books (no, not THAT Blue Book) aren’t waiting in your office, ask where the office library is so that you can get your hands on them. There is a book for virtually every kind of legal area you’ll be dealing with, and they are a phenomenal starting resource as you learn this trade.

This is a great recommendation. Also, while it’s nice to have hard copies, DOJBook is also entirely online, so a fabulous resource easily consulted. (There’s a link somewhere on DOJBook to order physical copies of the blue books.)

This is more helpful once you’re on the job than now, but explore everything you can in the document management system and look for go-bys and checklists/cheat sheets for things like detention hearings and so on. Your office should tell you about them, but rummaging about can still be really helpful.

[Anonymous User]

Great question, OP! I’d say the most practical things you can look to right away are the local rules and the rules you need to know for initial appearances and detention hearings.

Many offices start newer AUSAs in duty court, appearing before MJs for the hearings that occur at the start of a case. Knowing the standards for detention under 18 U.S.C. § 3142, and what factors the court looks to (ie what you’re arguing) is important.

Also, if the DOJ blue books (no, not THAT Blue Book) aren’t waiting in your office, ask where the office library is so that you can get your hands on them. There is a book for virtually every kind of legal area you’ll be dealing with, and they are a phenomenal starting resource as you learn this trade.

This is a great recommendation. Also, while it’s nice to have hard copies, DOJBook is also entirely online, so a fabulous resource easily consulted. (There’s a link somewhere on DOJBook to order physical copies of the blue books.)

This is more helpful once you’re on the job than now, but explore everything you can in the document management system and look for go-bys and checklists/cheat sheets for things like detention hearings and so on. Your office should tell you about them, but rummaging about can still be really helpful.

I’m the initial anon poster above. Great rec to find the books online, too. I’m just partial to hard copies I can earmark and highlight.

Since OP isn’t starting for several weeks, and those materials aren’t available to folks on the outside, I thought of another place to read up: your circuit’s weekly opinions. Published or not, being up in recent criminal cases can help you know what the latest developments are, plus, you’ll learn a ton about relevant fed crim standards and procedures as the panel lays out their opinion.

It wouldn’t hurt to find a good book on advocacy and brush up on courtroom skills. If you want more enjoyable reading, I’d recommend former USA Bahara’s book “Doing Justice.”