COA Clerkship for Trial Lawyers? Forum

[Anonymous User]

I'm clerking for a district court judge then going to a local litigation and appellate botique. My goal is high-profile civil lit, trial work, commercial contingency cases, and maybe mass torts and class actions. I have the credentials (law review, published, top 2% of class), so if I apply broadly, I will probably get a circuit court clerkship, but I'm not that interested in appeals and don't really want to postpone my firm salary another year. That said, I know it would be an enjoyable learning experience and valuable credential.

How important is a COA clerkship for my goals? Is it unreasonable to practice for 2-3 years after my district court clerkship and then clerk again?

One thing I'm considering is client generation, especially for sophisticated clients who are reluctant to trust lawyers who want to work on a contingency. Typically, (I think) clients want lawyers with Susman-like credentials for these cases. How easy (or difficult) will it be to build a strong reputation so that the circuit court clerkship isn't necessary?

[Anonymous User]

I'm clerking for a district court judge then going to a local litigation and appellate botique. My goal is high-profile civil lit, trial work, commercial contingency cases, and maybe mass torts and class actions. I have the credentials (law review, published, top 2% of class), so if I apply broadly, I will probably get a circuit court clerkship, but I'm not that interested in appeals and don't really want to postpone my firm salary another year. That said, I know it would be an enjoyable learning experience and valuable credential.

How important is a COA clerkship for my goals? Is it unreasonable to practice for 2-3 years after my district court clerkship and then clerk again?

One thing I'm considering is client generation, especially for sophisticated clients who are reluctant to trust lawyers who want to work on a contingency. Typically, (I think) clients want lawyers with Susman-like credentials for these cases. How easy (or difficult) will it be to build a strong reputation so that the circuit court clerkship isn't necessary?

I clerked on one of 2/9/DC Cirs. and practice at a trial boutique with a very busy trial calendar. My COA clerkship had almost no direct relevance to my practice (although I enjoyed it and learned how to research and write better).

If you've already clerked on a district court and you know you want to do trial work, I don't see a reason for you to clerk on a COA. The marginal value of the credential is, well, marginal. And the experience may be enjoyable, but it also may not be.

It's also less likely that you'll want to clerk again after practicing for 2-3 years. You'll be leaving more money on the table. And if you're a talented trial lawyer, you'll just be starting to gain momentum. Partners will have begun to trust you to take on larger pieces of your cases and allow you to gain standup courtroom experience. I wouldn't want to clerk at that critical juncture and lose momentum.

Finally, when you are senior enough to be generating business, the lack of a COA clerkship on your resume will not matter. By then you'll have developed a reputation for performing excellent legal work (which is necessary anyway to earn the trust of clients).

[Anonymous User]

Thanks for the helpful response. Quick follow up - I'm entering my district court clerkship now and I noticed you emphasized the conditions of completing the clerkship and still wanting to pursue trial work. Why? If I could get a COA clerkship immediately following my term with the district court (rather than taking time off in between), would that change your answer?

[Anonymous User]

Thanks for the helpful response. Quick follow up - I'm entering my district court clerkship now and I noticed you emphasized the conditions of completing the clerkship and still wanting to pursue trial work. Why? If I could get a COA clerkship immediately following my term with the district court (rather than taking time off in between), would that change your answer?

Poster from above.

You should weigh the added value you think the COA clerkship will get you against the opportunity cost (financial and experiential) of not spending that year at a law firm.

The "and" was because my answer was under the assumption that you have the district court credential and you know you exclusively want to do trial work. If you might want to do appellate work, the COA clerkship could be helpful.

Assuming you want to do trial work, a COA clerkship is way less relevant than a district court clerkship. So the added value of a COA clerkship is low. However, if you clerk on a COA right after this clerkship, the opportunity cost will also be lower because you'll only be missing out on junior associate pay rather than mid-level pay.