Current district court clerk; should I try to double up? Forum

[Anonymous User]

I was a chemistry major in UG, where my grades and school-name were mediocre. (Think: "top 100" school, and a 3.1 GPA.) Went to a T15-17ish law school, did well but not fantastic, made LR, probably top 25% of class (although we don't rank, and it looks higher than that on my resume [using totally ethical means] due to some other awards). Got a federal district court clerkship in ARE country: not a total bottom-of-the-barrel district, but solidly flyover. Ends in mid- to late-2015.

I wouldn't mind doing another clerkship, but I'm inclined to only do it if it's a one-year clerkship that starts in 2015, and it's a CoA judge. I papered the CoA with apps, got one interview, but didn't get the job. I don't have a post-clerkship job lined up. I'm amenable to doing patent lit, but it's by no means my life's one true passion.


What I'm wondering is whether I should be looking at (1) federal circuit spots, which I know are a little less grades/school competitive if you've got the right UG major, because I'm borderline for regular CoA spots (and I'm only borderline b/c of my D. Ct. clerkship), or even (2) high-end (or relatively higher-end) district court clerkships, e.g., S.D.N.Y., E.D.N.Y., N.D. Ill., N.D. Cal., E.D.Va., etc.

Thanks for the help, all.

[Anonymous User]

I wouldn't do a second district court clerkship. Fed Circuit is good if you're interested in doing patent but I think otherwise it's an odd move and won't get the same recognition from non-patent types as regular appellate clerkships will. You can always work for a year and try again for COA. Generally, you only get more competitive with more experience.

[Emma.]

A 2015 clerkship might be tough to find at this point. Many judges are already wrapping up their 2016 hiring.

[Anonymous User]

A 2015 clerkship might be tough to find at this point. Many judges are already wrapping up their 2016 hiring.

Oh yeah, I understand. My attitude with this has always been one of "I'll throw my back into trying to get a CoA, so there's no regret that I didn't try," but I won't be deflated if I don't get one. I'm just wondering if I should extend this attitude to higher-end D. Ct. clerkships (I think they'd pretty much have to be one of the districts I listed) and the Federal Circuit.

[Anonymous User]

I wouldn't do a second district court clerkship. Fed Circuit is good if you're interested in doing patent but I think otherwise it's an odd move and won't get the same recognition from non-patent types as regular appellate clerkships will. You can always work for a year and try again for COA. Generally, you only get more competitive with more experience.

I'd like to do high-end trial work. My dream job (which won't happen; I list these for illustrative purposes) is Barlit Beck / Susman. More realistically, a less-glam place that does "high end" plaintiff-side work. Maybe like a Milberg? No one really knows what it takes to get in the door at those places--way smaller market than biglaw, obviously--so I'm thinking about how to maximize my odds. I've got a very supportive judge, but he's been a federal judge for a long time, and was a high-end partner before that, and a brilliant legal superstar before that. So, with all respect to him, he doesn't really understand the job market for people like me.

I did biglaw during my 2L summer, though, and if I had to go back there I'd probably want to do patent lit.

[Anonymous User]

I wouldn't do a second district court clerkship. Fed Circuit is good if you're interested in doing patent but I think otherwise it's an odd move and won't get the same recognition from non-patent types as regular appellate clerkships will. You can always work for a year and try again for COA. Generally, you only get more competitive with more experience.

I'd like to do high-end trial work. My dream job (which won't happen; I list these for illustrative purposes) is Barlit Beck / Susman. More realistically, a less-glam place that does "high end" plaintiff-side work. Maybe like a Milberg? No one really knows what it takes to get in the door at those places--way smaller market than biglaw, obviously--so I'm thinking about how to maximize my odds. I've got a very supportive judge, but he's been a federal judge for a long time, and was a high-end partner before that, and a brilliant legal superstar before that. So, with all respect to him, he doesn't really understand the job market for people like me.

I did biglaw during my 2L summer, though, and if I had to go back there I'd probably want to do patent lit.

I'd throw apps at Fed Circuit. Patent litigators (as opposed to associates forced to do patent work who lack much background) are pretty valuable and if you develop an expertise in the area you'll be more attractive. But I still don't think another district court clerkship is worth it. If you can get SDNY/DDC or something, by all means, it will open more doors, but I don't think there are major differences in reputation between most other districts, unless you want to try and clerk where you'd like to work/live, since your judge will have local connections.

[Anonymous User]

I wouldn't do a second district court clerkship. Fed Circuit is good if you're interested in doing patent but I think otherwise it's an odd move and won't get the same recognition from non-patent types as regular appellate clerkships will. You can always work for a year and try again for COA. Generally, you only get more competitive with more experience.

I'd like to do high-end trial work. My dream job (which won't happen; I list these for illustrative purposes) is Barlit Beck / Susman. More realistically, a less-glam place that does "high end" plaintiff-side work. Maybe like a Milberg? No one really knows what it takes to get in the door at those places--way smaller market than biglaw, obviously--so I'm thinking about how to maximize my odds. I've got a very supportive judge, but he's been a federal judge for a long time, and was a high-end partner before that, and a brilliant legal superstar before that. So, with all respect to him, he doesn't really understand the job market for people like me.

I did biglaw during my 2L summer, though, and if I had to go back there I'd probably want to do patent lit.

I'd throw apps at Fed Circuit. Patent litigators (as opposed to associates forced to do patent work who lack much background) are pretty valuable and if you develop an expertise in the area you'll be more attractive. But I still don't think another district court clerkship is worth it. If you can get SDNY/DDC or something, by all means, it will open more doors, but I don't think there are major differences in reputation between most other districts, unless you want to try and clerk where you'd like to work/live, since your judge will have local connections.

Interesting. I took a general Patent Law class in LS, and I'm prepping for the patent bar right now (our secret, since I'm posting anonymously: I've taken it once already, with minimal prep, and FAILED THE HELL out of it), but this question will reveal how little I know about the industry: is a fed. cir. clerkship a major asset for patent lit., or is it more of a patent prosecution thing? Because, while I know how valuable being a patent prosecution guy is, I don't think I could do that with my career. Is a Fed. Cir. clerkship viewed as a a more valuable cred for patent lit. than a typical CoA is for ordinary biglaw lit?

So do you think those districts (S.D.N.Y. and D.D.C.) would be worth going to? FWIW--and this will largely go unheralded for job hunt purposes, which I realize--my judge is a truly outstanding judge; it's just that the district is kind of humdrum. He's locally recognized as the best DJ in the district, and additionally has some impressive Wikipedia-level credentials (meaning things that would quickly and objectively identify him as being a top judge, e.g., top law school and clerkships). This might be a moot point, as I imagine those places have mostly filled up by now.


It's funny how I'm less "savvy" about the legal market / credentialing as a federal clerk than I was when I used to post regularly on TLS as a 2L.

[Anonymous User]

Is a Fed. Cir. clerkship viewed as a a more valuable cred for patent lit. than a typical CoA is for ordinary biglaw lit?

OP again. I hope the meaning of this horrendously-worded question can be clarified. What I mean is: I've heard that a Fed. Cir. clerkship is "invaluable," "the best thing you can do," etc., for patent work (assume I'm only interested in lit.). I don't know what that means, if it's hyperbole, or what. But I have a pretty good idea of the value of a 'normal' CoA clerkship in hunting a 'normal' biglaw litigation job. So I'm curious whether it's comparable, or better, or what? Will a California patent lit boutique look at a Fed. Cir. clerkship the way that Sidley Austin D.C. looks at a D.C. Cir. clerkship?

I appreciate the patience with these questions.

[Nelson]

Is a Fed. Cir. clerkship viewed as a a more valuable cred for patent lit. than a typical CoA is for ordinary biglaw lit?

OP again. I hope the meaning of this horrendously-worded question can be clarified. What I mean is: I've heard that a Fed. Cir. clerkship is "invaluable," "the best thing you can do," etc., for patent work (assume I'm only interested in lit.). I don't know what that means, if it's hyperbole, or what. But I have a pretty good idea of the value of a 'normal' CoA clerkship in hunting a 'normal' biglaw litigation job. So I'm curious whether it's comparable, or better, or what? Will a California patent lit boutique look at a Fed. Cir. clerkship the way that Sidley Austin D.C. looks at a D.C. Cir. clerkship?

I appreciate the patience with these questions.

Fed Cir is the most valuable credential for firms other than Supreme Court.

[Tangerine Gleam]

If you want to do IP lit, that is.

EDIT: accidental anon, my bad