Clerks Taking Questions Forum

[Anonymous User]

Adding a couple of suggestions for interview prep:
1. More common questions you should be prepared to answer are variants of "What is one case you disagree with?" and "What is one case you agree with" either from the past SCOTUS term or from one of your classes (most likely a class you describe as "your favorite").
2. Show that you've done research on the judge and that you want to clerk for them specifically. There's a lot of ways you can do that--maybe there's something about their writing/philosophy/background you want to learn from. Or maybe something about the inner-workings of their chambers that appeals to you. Speak with whatever former clerks you can. Reading opinions can be helpful (particularly if they're a COA judge with dissents and concurrences), but try to track down speeches and law review articles from the judge, too. Those often can give you a better sense of what they're really passionate about.

[Anonymous User]

Thank you for all your tips for interviewing! It went pretty well. No substantive questions about the law, which I was happy about because I could see my brain shutting down on that. Knock on wood I get an offer!

[Anonymous User]

Chances?

UG: State school, 2.9
LS: 1L at TTT, 3.65, LR, FedSoc President; Transferred to lower T14, 3.7, LR, RA, and Lit clinic (+FedSoc E-Board)
Work: DOJ and D.Ct. Internships
Accepted a CoFC clerkship for 2022-23, what do you think my chances are for D.Ct. or COA in 2023 or 2024 if I apply broadly?

Thanks

You should apply, but your resume is sorta confusing (CoFC, no BigLaw 2L SA). Spend some time telling the story in the cover letter.

Thank you! Yeah I struck out at OCI with a 3.8 GPA, I think because I was deadset on litigation but who knows. And I took the CoFC clerkship because I didn't think it was much different from a D.Ct., besides the lack of criminal cases and jury trials which I don't mind because I prefer civil work and bench trials anyway. Also working for a judge in DC seems like a big plus and he offered me the job in my first interview so I couldn't really say no. My hope is that the complexity of the litigation and bench trial experience will sell well to a circuit judge, which is my ultimate goal.

you struck out with a 3.8?? That's so rude

[Anonymous User]

Thank you! Yeah I struck out at OCI with a 3.8 GPA, I think because I was deadset on litigation but who knows. And I took the CoFC clerkship because I didn't think it was much different from a D.Ct., besides the lack of criminal cases and jury trials which I don't mind because I prefer civil work and bench trials anyway. Also working for a judge in DC seems like a big plus and he offered me the job in my first interview so I couldn't really say no. My hope is that the complexity of the litigation and bench trial experience will sell well to a circuit judge, which is my ultimate goal.

you struck out with a 3.8?? That's so rude

It's still confusing because if it's ordinary OCI (after 1L), they wouldn't have any grades from the T14 yet, so I'm assuming it would depend a lot on what the TTT was and how they bid (and they say they had a 3.65 at the TTT, not a 3.8?). And then they said they had a 3.7 not a 3.8? If the strikeout was 3L OCI, that's never guaranteed, especially without a 2L SA.

That said, transfer OP, getting that clerkship experience is helpful even if it's slightly different, so I agree, apply broadly and come up with a good story to explain your trajectory. (Although I wouldn't talk up preferring to avoid jury trials if you want to do lit, unless you're aiming for a particular niche where bench trials are the standard I guess.)

[Anonymous User]

Obviously every judge is different, but would it make sense to have my current supervisor reach out to a judge for whom I recently interviewed to express additional support for me? I work for a legal nonprofit, and the judge is pretty into applicants with a public interest focus. Plus, my letters of recommendations, while well-received by him, were only from law professors. My supervisor offered to email the judge a nice paragraph or two detailing why I'd be a great clerk based on his experiences working with me, though said he'd only do so if I thought it'd be helpful. I'm just unsure if it'd matter at all; at the very least, I don't want it to be poorly received and viewed as annoying/pestering. The judge is making a decision next week.

[Anonymous User]

I don’t think it could hurt, assuming that your supervisor didn’t already write a letter of recommendation. It may not make much difference at this point bc judges usually decide based on their opinion of the interview, but it might help.

[lawstudent0070]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

What would qualify as a semi-feeder? Someone like Jones or Smith on the 5th Cir.? Seems like they feed one or two every couple years

[lawstudent0070]

Sorry, accidental anon

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

What would qualify as a semi-feeder? Someone like Jones or Smith on the 5th Cir.? Seems like they feed one or two every couple years

Probably Jones more than Smith, as I think most of Smith's run through O'Scannlain. But the category of semi-feeder is a bit hard to define.

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

What would qualify as a semi-feeder? Someone like Jones or Smith on the 5th Cir.? Seems like they feed one or two every couple years

Probably Jones more than Smith, as I think most of Smith's run through O'Scannlain. But the category of semi-feeder is a bit hard to define.

Yeah I guess that's what I was getting at. Doesn't seem like there's a predictable pattern to CADC hiring for non-SCOTUS hopefuls, so maybe the best approach is just to get the best COA clerkship you can and go from there. I also wonder how much demonstrated interest/experience in admin law would help... which I believe would cut in favor of CA4, given how many federal agencies are in the DMV area.

[lawstudent0070]

Accidental anon again. Sorry, computer must be glitching a bit

[Anonymous User]

Yeah I guess that's what I was getting at. Doesn't seem like there's a predictable pattern to CADC hiring for non-SCOTUS hopefuls, so maybe the best approach is just to get the best COA clerkship you can and go from there. I also wonder how much demonstrated interest/experience in admin law would help... which I believe would cut in favor of CA4, given how many federal agencies are in the DMV area.

DC Circuit clerkships are best thought of as mini-SCTOUS clerkships, and accordingly, a few of the judges have similar screening committees. Professor connections/calls matter a lot.

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

What would qualify as a semi-feeder? Someone like Jones or Smith on the 5th Cir.? Seems like they feed one or two every couple years

Probably Jones more than Smith, as I think most of Smith's run through O'Scannlain. But the category of semi-feeder is a bit hard to define.

Yeah I guess that's what I was getting at. Doesn't seem like there's a predictable pattern to CADC hiring for non-SCOTUS hopefuls, so maybe the best approach is just to get the best COA clerkship you can and go from there. I also wonder how much demonstrated interest/experience in admin law would help... which I believe would cut in favor of CA4, given how many federal agencies are in the DMV area.

There's a pretty small number of students who can realistically target a particular circuit period, let alone target the DC Circuit. People who can be picky on COAs will generally have credentials that put them in the SCOTUS ballpark (e.g. top 10% at HYSC) and/or unique connections or geographical hooks (the latter of which obviously doesn't apply to DC).

[Anonymous User]

Is there any particular clerkship or set of clerkships that tend to feed into the D.C. Circuit?

Semi-feeder to DC Circuit is pretty common, if not easy to achieve by any means

That seems to be the route these days, especially on the conservative side. Some people will even do Major Feeder to DC Cir., especially if they want admin experience.

What would qualify as a semi-feeder? Someone like Jones or Smith on the 5th Cir.? Seems like they feed one or two every couple years

Probably Jones more than Smith, as I think most of Smith's run through O'Scannlain. But the category of semi-feeder is a bit hard to define.

Yeah I guess that's what I was getting at. Doesn't seem like there's a predictable pattern to CADC hiring for non-SCOTUS hopefuls, so maybe the best approach is just to get the best COA clerkship you can and go from there. I also wonder how much demonstrated interest/experience in admin law would help... which I believe would cut in favor of CA4, given how many federal agencies are in the DMV area.

I've floated the idea of CA4 being heavier on admin to people who have clerked or practiced there and have gotten fairly puzzled reactions. I don't know the numerical breakdown but I think it's not substantially higher than the average regional circuit. In fact, it seems plausible that [insert very conservative circuit] might have more admin cases for the next few years, given that most challenges of this administration's actions are going to come from the right.

[Anonymous User]

A judge for whom I interviewed said he'd get back to me within two weeks. It's been almost three weeks. When would be an appropriate time to follow up? Should I assume I've been passed over?

[Anonymous User]

Sorry if this has been answered before, but I couldn't find a response in the forum. How exactly do folks get professors to call for them? I'm a 2L who'll be applying on plan, and I've got three professors who have agreed to write LORs (one is a judge who's teaching a seminar I'm a part of, and the other two are standard tenured professors.) Clerkships office told me that it's not really proper to ask a professor to make calls, and it's just something I've got to hope they bring up. I've got good grades so far (top 10-ish percent at my HYS) and I think my recommenders will write good letters, but I'm also planning to apply to hypercompetitive districts/circuits and hear all the time that professor calls are a difference-maker.

[Anonymous User]

Sorry if this has been answered before, but I couldn't find a response in the forum. How exactly do folks get professors to call for them? I'm a 2L who'll be applying on plan, and I've got three professors who have agreed to write LORs (one is a judge who's teaching a seminar I'm a part of, and the other two are standard tenured professors.) Clerkships office told me that it's not really proper to ask a professor to make calls, and it's just something I've got to hope they bring up. I've got good grades so far (top 10-ish percent at my HYS) and I think my recommenders will write good letters, but I'm also planning to apply to hypercompetitive districts/circuits and hear all the time that professor calls are a difference-maker.

With all due respect to your clerkship office, that is BS. This is part of your professors’ job. If they agreed to write for you they should be prepared to make calls. Whether they’ll be willing to call your highly selective judges is a different story, because sometimes professors have only a few connections to judges and they already have students in mind for these judges. But you 100% need to disregard the clerkship office’s advice and talk to your professors about which judges they’d be open to reaching out to on your behalf.

[nixy]

Sorry if this has been answered before, but I couldn't find a response in the forum. How exactly do folks get professors to call for them? I'm a 2L who'll be applying on plan, and I've got three professors who have agreed to write LORs (one is a judge who's teaching a seminar I'm a part of, and the other two are standard tenured professors.) Clerkships office told me that it's not really proper to ask a professor to make calls, and it's just something I've got to hope they bring up. I've got good grades so far (top 10-ish percent at my HYS) and I think my recommenders will write good letters, but I'm also planning to apply to hypercompetitive districts/circuits and hear all the time that professor calls are a difference-maker.

With all due respect to your clerkship office, that is BS. This is part of your professors’ job. If they agreed to write for you they should be prepared to make calls. Whether they’ll be willing to call your highly selective judges is a different story, because sometimes professors have only a few connections to judges and they already have students in mind for these judges. But you 100% need to disregard the clerkship office’s advice and talk to your professors about which judges they’d be open to reaching out to on your behalf.

I agree with this. Although I don’t know if I’d directly ask the judge to make calls - there are judges would find that inappropriate and might not like the suggestion. (I know that appearing to influence other judges isn’t really the same thing as appearing to influence firms, but I’m still not sure all judges would want/expect to make calls.)

[Anonymous User]

I would talk to some 3Ls about their experiences, but my intuition is that unless your school is quite unusual, it's always somewhat awkward but not unheard of at all to discuss calls with professors.

Ditto that I maybe wouldn't ask a judge to call, especially if you just had them for class, versus an internship. A judge (especially a nationally prominent one) going to bat is a very powerful weapon on the clerkship market, and because of that it's a big ask. Maybe ask if there are any judges they think would be particularly good fits for you--that should get their mental wheels spinning, at least.

[Anonymous User]

A judge for whom I interviewed said he'd get back to me within two weeks. It's been almost three weeks. When would be an appropriate time to follow up? Should I assume I've been passed over?

Bumping this question. Still haven't heard anything but the position isn't filled based on OSCAR.

[Anonymous User]

A judge for whom I interviewed said he'd get back to me within two weeks. It's been almost three weeks. When would be an appropriate time to follow up? Should I assume I've been passed over?

Bumping this question. Still haven't heard anything but the position isn't filled based on OSCAR.

My general take is that unless you have another offer that means you need an answer, there’s no good reason to follow up. The judge knows you’re interested and they’re going to get back to you when they get back to you. Sadly, that might be never, although I think most judges will at least let you know at some point. Until you are offered a job (any job), you should operate on the assumption that you didn’t get it.

That said, since they gave you a specific timeline (within two weeks) I don’t think it would be inappropriate to reach out at this point (although also: did they say they’d definitely get back to you in two weeks, or did they say they intend/plan/hope to do so?). I just don’t think anyone ever gets good news from following up, but that could just be me.

I do think it’s too early to say for certain that you’ve been passed over, because lots of things can interfere with a schedule that’s determined by nothing but when the judge sits down to make a decision, though it’s of course a possibility.

[Anonymous User]

What is the true value of a feeder/semi-feeder clerkship on its own? I've been told by my professors that I'm competitive for feeder judges and that they will help me make a big push for those judges. However, I don't really have SCOTUS ambitions—I obviously think it would be cool but am not willing to kill myself going for something that is unlikely to happen, especially because I am liberal.

So, I'm wondering if the benefits of clerking for an especially "prestigious judge" are really worth me focusing my energies on assembling a really killer application by pushing for feeders when I can kick back a little more and presumably still get a clerkship that will give me a great experience. Are feeders generally intrinsically a better, more interesting clerkship experience (e.g., because feeder judges are especially smart or something) or is there a very helpful signaling value? My goals are of the impact lit/elite government/litigation boutique variety.