Writing Test During Clerkship Interview Process Forum

[Anonymous User]

I am currently under consideration for a clerkship in CDCA. Before moving onto the final round, I need to complete a three hour writing test. In the past two months, I've made it to the final round with 3 other judges and none used a writing test. I have no idea what to expect; I was just told that it would test my legal research and writing skills and that I needed access to Westlaw.

To clerks and/or others interviewing who have gone through a writing test, what should I expect? Should I expect to be asked to draft a section of a judicial order? Is there anything I can/should do to prepare?

[Anonymous User]

Some judges do it and I personally find it very annoying, but I guess I get why they do it. If I had to guess since this is a district judge they may present you with some small briefs on a legal issues and ask you to basically draft something like a motion on how to rule or a memo to the judge on how they should rule. Since this seems pretty time-limited, to prepare I'd make sure you know how to use the Westlaw search function quickly and efficiently.

[Anonymous User]

I agree that for non-clerkship job opportunities, it is somewhat absurd to demand a writing test when you are not getting paid. However, I think it is a bit different with clerkships. And overall, this judge seems really great and it is a great district to clerk in. I would take a clerkship with this judge in a heartbeat.

My fear is that I will freeze due to nerves or something and I will not do as well as I would under normal circumstances. I am typically the type of person who can overcome those concerns if I prepare enough. It would just be helpful if I knew more about what to expect.

[Anonymous User]

I'm just a lowly law student applying for clerkships, but if I were in your shoes, I'd do the following:

• Review some of the judge's past orders and opinions to get an idea of their preferred structure and writing style

• Check their page on the court's website to see if they post a style guide or a list of things to do/not do

• Brush up on your Westlaw research skills

• Brush up on your bluebook skills

Is your law school able to connect you with past clerks? Perhaps they could give you some other advice.

[Anonymous User]

I'm just a lowly law student applying for clerkships, but if I were in your shoes, I'd do the following:

• Review some of the judge's past orders and opinions to get an idea of their preferred structure and writing style

• Check their page on the court's website to see if they post a style guide or a list of things to do/not do

• Brush up on your Westlaw research skills

• Brush up on your bluebook skills

Is your law school able to connect you with past clerks? Perhaps they could give you some other advice.

Former DCt clerk here who had friends go through similar tests. With no specific knowledge of your situation, I’d imagine you’d be asked to draft a portion of an order or memo ruling on a Rule 12 motion or similar.

I agree with the suggestions above. If you’re truly worried about timing and freezing up, and have the time, I might suggest doing a mock before you do the real deal. You could find a recent order from that judge and pull the briefs on that order from Bloomberg, so that you can draft either a memo or order ruling on those briefs as a practice run.

[Anonymous User]

I would also suggest reading some Ross Guberman or some text on quality legal writing. I would think a district court judge would be understanding if you didn't know how to properly format an order or cite to a record, but would be looking for just a general ability to convey ideas clearly.