What's the trick to being a good d. court clerk Forum
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Anonymous posting is only appropriate when you are sharing sensitive information about clerkship applications and clerkship hiring. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
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objctnyrhnr
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What's the trick to being a good d. court clerk
I start my clerkship soon, and I am pretty nervous as I have no idea what to expect. I suspect that there might already be a thread on this, but any tips for preparation or just general advice that you wish you had known before your clerkship started would be awesome. Thanks in advance.
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Anonymous User
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Re: What's the trick to being a good d. court clerk
Here are a few quick hits (note that some of this - e.g., how much your Judge cares about the six-month motions report - will vary depending on where you work):
Familiarize yourself with your District's local rules, especially any rules regarding what the parties are supposed to include when they file their motions, deadlines for filing motions, etc. Also, remember that Federal Rule 6(d) tacks on three days for responding to documents served electronically (so a 14-day deadline is really a 17-day deadline, and so on).
Snuggle up with Wright & Miller. Rely on it early and often. Also, know where to find your Circuit's pattern jury instructions.
Establish a system for staying on top of motions as they become ripe. My co-clerk uses a big whiteboard to indicate when responses and replies are due. I just print motions out and lay them on a table in my office with post-it notes indicating the relevant dates. Don't let motions languish for a long time if you can help it.
Monitor your Judge's six-month motions report. Work on the oldest items first. That's typically the best way to prioritize your workload.
Proofread, proofread, proofread. For any large, difficult, or substantive orders, enlist your co-clerk(s) to cross-read them before you hand them to the Judge. Even for orders that I thought were solid, a fresh set of eyes always managed to find areas for improvement.
Try and find previous examples of orders if you can. Often, you can simply copy and paste the legal standard section without making any significant changes (always run a Westlaw search for any recent cases from your Circuit, of course). This will save you an enormous amount of time and stress. There's no need to reinvent the wheel here.
Make friends with clerks in other chambers and don't hesitate to ask them questions; chances are they've worked on whatever it is you're encountering for the first time and can point you in the right direction.
Other than that, it's been a very learn-as-you-go experience. One motion at a time. You'll get it.
Familiarize yourself with your District's local rules, especially any rules regarding what the parties are supposed to include when they file their motions, deadlines for filing motions, etc. Also, remember that Federal Rule 6(d) tacks on three days for responding to documents served electronically (so a 14-day deadline is really a 17-day deadline, and so on).
Snuggle up with Wright & Miller. Rely on it early and often. Also, know where to find your Circuit's pattern jury instructions.
Establish a system for staying on top of motions as they become ripe. My co-clerk uses a big whiteboard to indicate when responses and replies are due. I just print motions out and lay them on a table in my office with post-it notes indicating the relevant dates. Don't let motions languish for a long time if you can help it.
Monitor your Judge's six-month motions report. Work on the oldest items first. That's typically the best way to prioritize your workload.
Proofread, proofread, proofread. For any large, difficult, or substantive orders, enlist your co-clerk(s) to cross-read them before you hand them to the Judge. Even for orders that I thought were solid, a fresh set of eyes always managed to find areas for improvement.
Try and find previous examples of orders if you can. Often, you can simply copy and paste the legal standard section without making any significant changes (always run a Westlaw search for any recent cases from your Circuit, of course). This will save you an enormous amount of time and stress. There's no need to reinvent the wheel here.
Make friends with clerks in other chambers and don't hesitate to ask them questions; chances are they've worked on whatever it is you're encountering for the first time and can point you in the right direction.
Other than that, it's been a very learn-as-you-go experience. One motion at a time. You'll get it.
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Anonymous User
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Re: What's the trick to being a good d. court clerk
I've clerked for 2 different trial judges, so here are my thoughts.
First, every judge runs his/her chambers differently. You will face a huge learning curve no matter what. Just make sure to have some system that lets you stay on top of everything.
Read as many of your judge's opinions as possible. Do this constantly. For the first few weeks, I read my judge's old opinions during down time, and I'll still do it when possible/necessary.
Don't be afraid to ask questions. You will have hundreds for the first few months and it is perfectly acceptable to not know what to do. However, do not ask questions about substantive things unless (1) it requires the judge's call or (2) you are completely and utterly stuck. Try to do everything yourself first, then go to a more senior clerk, then the judge, unless it will undoubtedly require the judge's opinion (e.g., intra-circuit split where courts are irreconcilably in conflict).
Be as thorough as your judge expects. You'll figure out what he/she wants quickly. (E.g., some judges will resolve something on the narrowest grounds possible while others will cover more ground.)
Do not turn in anything you haven't proofed at least a few times. Print it out and go over it. Take as much time as reasonably possible to sit on things and look at them with fresh eyes.
Stay organized. I work for a judge with a much heavier caseload than most, and it's not hard at all to stay on top of things. It just requires a system. I have 10000 alarms on my calendar and a corresponding Word doc with all the deadlines. Every Monday, I go over everything first thing in the morning to make sure I'm on top of everything. I generally do it again on Thursday afternoon if it's been a busy week.
Be honest and decisive. Stick up for yourself, your work, and your opinions. Your job is to give your judge your candid, unbiased, reasoned advice. But, of course, if the judge has made up his/her mind after hearing your thoughts, your job is to support that decision.
First, every judge runs his/her chambers differently. You will face a huge learning curve no matter what. Just make sure to have some system that lets you stay on top of everything.
Read as many of your judge's opinions as possible. Do this constantly. For the first few weeks, I read my judge's old opinions during down time, and I'll still do it when possible/necessary.
Don't be afraid to ask questions. You will have hundreds for the first few months and it is perfectly acceptable to not know what to do. However, do not ask questions about substantive things unless (1) it requires the judge's call or (2) you are completely and utterly stuck. Try to do everything yourself first, then go to a more senior clerk, then the judge, unless it will undoubtedly require the judge's opinion (e.g., intra-circuit split where courts are irreconcilably in conflict).
Be as thorough as your judge expects. You'll figure out what he/she wants quickly. (E.g., some judges will resolve something on the narrowest grounds possible while others will cover more ground.)
Do not turn in anything you haven't proofed at least a few times. Print it out and go over it. Take as much time as reasonably possible to sit on things and look at them with fresh eyes.
Stay organized. I work for a judge with a much heavier caseload than most, and it's not hard at all to stay on top of things. It just requires a system. I have 10000 alarms on my calendar and a corresponding Word doc with all the deadlines. Every Monday, I go over everything first thing in the morning to make sure I'm on top of everything. I generally do it again on Thursday afternoon if it's been a busy week.
Be honest and decisive. Stick up for yourself, your work, and your opinions. Your job is to give your judge your candid, unbiased, reasoned advice. But, of course, if the judge has made up his/her mind after hearing your thoughts, your job is to support that decision.
