Listing opinions drafted on CV Forum

[Anonymous User]

I've searched for prior discussions of this topic, which of course exist, but it's an important/controversial topic and I'm thinking of going further with it than usual. I'm a D. Ct. clerk, and I'd like to put on my resume that I drafted (80-95% straight-up wrote) x number of opinions (where x is a large number), and maybe some indication to show that they're long, in-depth opinions (total pages maybe?). Even further out there, I've been thinking about attaching a separate page with the citation to all the opinions I principally drafted.

I know there are those who despise any inkling of a clerk taking credit for opinions, but (1) my judge is a-okay with it (I agree with the haters that this is a necessary condition for putting references to opinion-drafting on a resume), and (2) my judge (i.e., me) writes a lot. This second thing might be something the Circuit clerks take for granted; a lot of district clerks don't write that much at all during their clerkship, so I don't think my putting it on there is a waste of time or doesn't tell prospective employers anything.

Thoughts? Are there really employers (probably former clerks) out there who would angrily garbage a resume from an applicant who "took credit for the judge's work"?

[Nelson]

I think you have more to lose than to gain here. There are almost certainly people who will be offended or at least think it's gauche. There doesn't seem to be a lot of upside for you either.

[A. Nony Mouse]

I would put down numbers but I definitely would not cite the specific opinions. Neither of my judges would have cared but I posted on FB a link to an article about a case I drafted the opinion on, and got blowback from clerk friends who found this completely inappropriate. People who care will really care and it just seems too risky to me. (I have also stalked a lot of resumes and have never seen anyone do this.)

I also think employers will assume that you wrote a lot as a dct clerk. They won't need convincing that you can write in volume.

[Shaggier1]

Are there really employers (probably former clerks) out there who would angrily garbage a resume from an applicant who "took credit for the judge's work"?

There are some, I would think. Even if they are few, I'd bet they outnumber those who would give you additional consideration based on the number of opinions your wrote, or which ones. The clerkship speaks for itself, why take the risk?

[Anonymous User]

OP here. These are fair enough responses; honestly, since I have no visceral aversion to this stuff (nor does my judge), I'm resistant to believing others do. I guess part of being in a profession is respecting conventions you don't personally agree with, though. Would something like this be acceptable?

JUDICIAL CLERKSHIP______________________________________________________

The Honorable Jake J. Jones, 2013-2014
United States District Judge for the District of Minnesota (Active Status)
Principally drafted 16 opinions (totaling over 650 pages). Worked on numerous
legally complex cases and patent cases, and was involved in four civil jury trials.
Judge handled all discovery disputes personally; as a result, developed familiarity
with discovery rules.


Even without an additional page listing named cases, this resume entry strikes me (the person who just wrote it) as a little unseemly. (Okay, maybe even douchey.) Everything listed, though, is something that not every D. Ct. clerk gets to do, so I don't think its unreasonable to want to put that stuff on the resume. Do most people just list the judge and district, or do they expound? Is listing active/senior status normal? The only resumes I really see (other than the 60,000,000 we have lying around from law students) are those from profs, who seem like they're in a separate boat.

[Nelson]

Many judges and clerks strongly believe in the confidentiality of chambers. Claiming to write opinions is breaching that confidentiality.

I still don't get why the number of opinions, let alone the number of pages is relevant.

Also not sure why you think senior vs active status is relevant.

[Shaggier1]

There is just so little upside here...

[Person1111]

.

[Anonymous User]

Many judges and clerks strongly believe in the confidentiality of chambers. Claiming to write opinions is breaching that confidentiality.

I still don't get why the number of opinions, let alone the number of pages is relevant.

Also not sure why you think senior vs active status is relevant.

OP here.

(1) I didn't read this as an accusation, but, just in case, I really think that obtaining the consent of your judge basically absolves you of all the (actual, if not apparent) ethical problems you listed (confidentiality; "claiming" to write opinions).

(2) I guess the idea is that while CoA clerkships tend to be a bit more uniform (I'm told; I haven't done one), different judges use clerks differently at the D. Ct. level, and different judges do stuff differently that has an impact on your experience as a clerk. E.g., some 10-year DJs have written >1,000 opinions while others have written <100. Some judges handle discovery while others outsource to the MJs. Some judges have loads of trials where others don't. Some districts have patent cases and class actions and others not so much. (I might want to know if a district clerk had worked a patent case if I was reading a resume.)

(3) Many senior judges just go senior to free up a spot on the bench for a new appointment, and still hear a full case load. Some take only civil cases, but take a full docket (this can result in a "better" experience than working for an active judge). Some work half-time. Some are basically retired. If a judge is senior, it might be worth expounding. If they're active, then those questions are answered at the threshold.

[A. Nony Mouse]

I would say that active status is presumed, so listing senior status might make sense, but listing active is unnecessary (to the extent it's relevant).

Also, is opinions really the right word? My judge wrote orders (some published, most not) or memoranda rather than opinions, which I associate with appellate.

I wouldn't use "principally" because it sounds like you're unnecessarily trying to bolster your role as clerk.

In fact, overall it sounds like you're trying to puff up what you did. Generally I see either no description of activities, or something brief like "drafted orders [or "helped draft orders"], conducted legal research, assisted at trial" or the like. And even that isn't really necessary because everyone knows (or should know) what a clerk does. When you're applying for jobs, you can talk about the specific experience (eg with civil trials) as pertinent for the particular employer in the cover letter.

Also, it doesn't matter what your judge thinks because you're not applying for a job with him anymore. It's what whoever sees your resume is going to think.

[Nelson]

I second what Nony said. Nothing you're listing here is so unusual as to warrant this and the downside is so great because it's virtually guaranteed to rub some people the wrong way.

I've always seen clerkships listed just as the judges name, court, and term. Everyone knows what a clerkship entails and if they have more questions, it's a natural interview topic.

[Anonymous User]

Seems weird on a resume. But I think it's okay in a CL if you get the judge's approval. As an intern, I drafted 90% of a case of first impression that ended up being kind of important in my jurisdiction. I put that on clerkship CLs (with the judge's consent and encouragement) and was asked about it in 3 of the 4 interviews I've had without any apparent blowback.

[emciosn]

I would say that active status is presumed, so listing senior status might make sense, but listing active is unnecessary (to the extent it's relevant).

Also, is opinions really the right word? My judge wrote orders (some published, most not) or memoranda rather than opinions, which I associate with appellate.

I wouldn't use "principally" because it sounds like you're unnecessarily trying to bolster your role as clerk.

In fact, overall it sounds like you're trying to puff up what you did. Generally I see either no description of activities, or something brief like "drafted orders [or "helped draft orders"], conducted legal research, assisted at trial" or the like. And even that isn't really necessary because everyone knows (or should know) what a clerk does. When you're applying for jobs, you can talk about the specific experience (eg with civil trials) as pertinent for the particular employer in the cover letter.

Also, it doesn't matter what your judge thinks because you're not applying for a job with him anymore. It's what whoever sees your resume is going to think.

^I agree with all of this.

I really don't think the number of opinions/pages has any relevance, nor do I think anyone reviewing your resume will particularly care except to take offense (I probably would). I do not have any description on my resume for my clerkships because generally whoever is reviewing your resume will know what clerks do (if you must something, I suggest something short and sweet like A. Nony suggested). I know its tough after putting so much work into a clerkship for a year to relegate it to a line or two on your resume but that is really the appropriate thing to do here. There is no need to further prove yourself here, the fact that you did the clerkship is proof enough. You can talk about the types of cases you handled in the interview. If I read a resume with what you suggest I would think the applicant lacks self-awareness and/or has an over-inflated sense of self. I don't really think that is the case for you, you just want people to know what kind of stuff you worked on and that you didn't set around twiddling your thumbs for a year, but that is how you would come off.

Just my $.02

[Anonymous User]

JUDICIAL CLERKSHIP______________________________________________________

The Honorable Jake J. Jones, 2013-2014
United States District Judge for the District of Minnesota (Active Status)
Principally drafted 16 opinions (totaling over 650 pages). Assisted in drafting opinions. Worked on numerous legally complex cases and patent cases, and was involved Assisted in four civil jury trials.
Judge handled all discovery disputes personally; as a result, developed familiarity
with discovery rules. Assisted with legal research and writing on issues including: discovery, securities, fraud [etc.]

My version up there isn't perfect, but the general ideas are there. I agree with Nony that you seem like you're trying to puff up what you did which, honestly, isn't necessary. In fact, you could put no description and all and have just as much luck applying for jobs. People know what clerks do. (I guess I'd make an exception for the specialty courts and the like, who may need more explanation.) If you want descriptions, though, I'd keep them general and deferential to the judge's role as the person who officially does everything.

[Anonymous User]

I see a number of problems with listing out opinions on a resume (and agree with other posters that it will hurt far more than help), but just want to focus on one argument OP raises: She has the permission of the Judge to reveal what she worked on. This is not really a valid argument because no one looking at your resume knows the Judge is cool with it. If I saw this on a resume, my initial thought would be that the Judge would be mad if they found out their ex-clerk is claiming credit for opinions.

[Anonymous User]

OP here. I appreciate the responses. The TLS consensus appears to have solidified on this since I've last been here. (Though I used to post mostly in the law student forums. Hmmmmm.) So I'm getting that:

(1) Resume line should be truly no-frills. Judge, district, term.
(2) Things you did of special importance to a particular employer can be mentioned tastefully in the CL. E.g., if applying to a patent lit practice, and not working in an obvious patent district, mention that I worked on a large consolidated patent case.
(3) General descriptions of your clerkship not of specific interest to the employer to which you're applying, e.g., that your judge has you write a ton of opinions, or handles discovery, shouldn't be brought up at all unless they can be brought up naturally in an interview.
(4) I haven't broached this ITT yet, but I assume (3) carries over for bragging about how awesome your judge is, as well. (My judge has extremely impressive credentials even by federal judge standards. Not bragging, just wondering if this can be spun to help me.) I suppose you just have to hope that they look him/her up on Judgeapedia or something?

Seem about right? Also:

(5) Is there a similar consensus on writing samples? I have several of "my own" from law school, but would submission of a draft of 100% my own work (with a short cover page describing what it is, that it was later submitted to my judge and published, etc.) be appropriate? Or would revealing pre-finalized judicial work product be viewed distastefully? Do they want the removal of party-identifying information, or--in the opposite direction--to know the citation of the final case document? In some ways, the liberality of my judge on this stuff makes it tough for me to figure out what other folks expect. To me, this seems similar to a 4th-year lateral applicant using a brief that a partner signed as a writing sample, but if people really hate seeing these things . . .

[Anonymous User]

5) Is there a similar consensus on writing samples? I have several of "my own" from law school, but would submission of a draft of 100% my own work (with a short cover page describing what it is, that it was later submitted to my judge and published, etc.) be appropriate? Or would revealing pre-finalized judicial work product be viewed distastefully? Do they want the removal of party-identifying information, or--in the opposite direction--to know the citation of the final case document? In some ways, the liberality of my judge on this stuff makes it tough for me to figure out what other folks expect. To me, this seems similar to a 4th-year lateral applicant using a brief that a partner signed as a writing sample, but if people really hate seeing these things . . .

Same anon as 1:03 p.m. here. I think using a judicial opinion as a writing sample is actually pretty non-controversial (I did it myself once) because somewhere in the sample you can explain what the sample is, and (critically) that you are using it with the permission of your Judge. I would definitely go this route rather than going into detail in the resume.

[Anonymous User]

OP here. These are fair enough responses; honestly, since I have no visceral aversion to this stuff (nor does my judge), I'm resistant to believing others do. I guess part of being in a profession is respecting conventions you don't personally agree with, though. Would something like this be acceptable?

JUDICIAL CLERKSHIP______________________________________________________

The Honorable Jake J. Jones, 2013-2014
United States District Judge for the District of Minnesota (Active Status)
Principally drafted 16 opinions (totaling over 650 pages). Worked on numerous
legally complex cases and patent cases, and was involved in four civil jury trials.
Judge handled all discovery disputes personally; as a result, developed familiarity
with discovery rules.


Even without an additional page listing named cases, this resume entry strikes me (the person who just wrote it) as a little unseemly. (Okay, maybe even douchey.) Everything listed, though, is something that not every D. Ct. clerk gets to do, so I don't think its unreasonable to want to put that stuff on the resume. Do most people just list the judge and district, or do they expound? Is listing active/senior status normal? The only resumes I really see (other than the 60,000,000 we have lying around from law students) are those from profs, who seem like they're in a separate boat.

D. ct. clerk here.

Our chambers is exceptionally busy compared to most. So, 16 orders/opinions that total 650 pages is really not all that much to have done in a year. I've been here 3 months and I've already done more than that. (Not humblebragging--just trying to give you some perspective.)

Also, what does "involved" in jury trials mean? To be blunt, I think your description section sounds odd, especially that last sentence (judge did all the work with discovery so you became familiar with discovery...?). moreover, it's not necessary. As other people have pointed out, everyone knows what clerks do. Unless there's something really noteworthy (e.g., handled a high-profile case, drafted an important opinion, etc.), I would leave out specifics.

I've interned/clerked for a handful of judges and on my resume I just list the judge, court, timeframe. People know what we do generally, and if they want more specific info, they'll ask.

[Anonymous User]

I definitely would not do this. The closest I'd ever get is "worked on" or "assisted with" rather than "drafted." It's going to be up to your judge, but I think it's plenty to just say clerked for Judge X during this year. I don't even have a description since it's fairly clear what you do as a clerk.

I did use an opinion I drafted as a writing sample, though, after asking my judge. I think that's completely acceptable, if not somewhat expected.

[Anonymous User]

Another clerk chiming in here. Definitely do not do this. CERTAINLY do not cite cases you worked on, but I think even listing page numbers or percentages goes too far. My judge would definitely pass on an applicant that did that. No offense intended, but it might indicate a lack of discretion.

Think of it this way: if they're deciding between you and another applicant who also clerked, none of this stuff will break the tie. You clerked. It's assumed you worked hard and wrote a lot. If your judge has a reputation to that effect, maybe the application reader will know. Either way, you stand to lose way more than you gain.

My prior clerkship takes up two resume lines. I've seen others that take up one. People, and especially other judges and law clerks, know what clerks do.

[BVest]

I am pre-clerkship, but I did do an externship with a state intermediate court. My judge was explicit that we should never disclose what cases we worked on in her chambers because she felt that doing so gave away too much of what goes on in chambers. And she's right, because she's the judge.

[Anonymous User]

"Prepared initial drafts," "assisted in drafting," or even something like "assisted in preparing" are all better than "drafted." You definitely should not say "authored," "principally drafted," or anything like that.

[Anonymous User]

I am pre-clerkship, but I did do an externship with a state intermediate court. My judge was explicit that we should never disclose what cases we worked on in her chambers because she felt that doing so gave away too much of what goes on in chambers. And she's right, because she's the judge.

D. ct. clerk here. I'm on my 2nd clerkship and interned for 3 judges in law school. I think your judge is the exception. None of the judges I've worked for has had any problem with us telling people what we worked on (AFTER the case is over, of course). That's also a little odd of her because everyone knows judges don't do 100% of the work for 100% of the cases.

IMO, there is a delicate and important balance to strike between acknowledging what you worked on and avoiding taking credit for the judge's work. So, for instance, in my chambers, in spite of the fact that I'll often do 100% of an order (my judge is very hands off and defers to us on a lot of things), I would never take full credit for it. I don't think it's wrong to say that you "drafted X, Y, and Z" if that's true.

Ultimately, I think all of this is kind of moot. You can just list "clerked for Judge X" on your resume and you'll have plenty of interest and plenty to talk about.