The All-Inclusive Guide to Judicial Clerking
Author:
Perdue, Abigail
Edition:
1st
Copyright Date:
2017
21 chapters
have results for Mock Trial
Chapter 4. Applying to Clerk 6 results (showing 5 best matches)
- Aside from thorough research, practice makes perfect. After conducting your research and preparing adequate talking points, ask a trusted advisor, such as your career counselor, to conduct a mock interview with you. The interview should closely mirror the format and time of the actual interview. For example, if the interview will occur via videoconferencing technology or over the telephone, use that format for the mock interview. If the actual interview will last only 30 minutes, then limit the mock interview to 30 minutes. Ask the interviewer to provide feedback regarding your interview skills and incorporate that feedback. Practice multiple times. Record yourself if possible and view the recording. This will enable you to discern bad habits, such as distracting hand gestures or facial expressions, of which you are unaware. For more information on successful interviewing, consult your Career Counselor.
- 16. Exhibit appropriate emotional responses. Feel free to smile when speaking about light-hearted topics or things about which you are passionate; do not smile or laugh, however, when discussing something more serious, such as a vaccine case in which a petitioner died. The latter can be difficult for individuals who laugh or smile unintentionally whenever nervous, but recording yourself during a mock interview will make you aware of whether you fall into that category so you can preempt that kind of unintentional reaction.
- Everyone gets nervous, and interviews are especially prone to create anxiety. However, manifestations of nervousness whether in the form of excessive sweating, shaky hands, distracting facial or hand gestures, nervous laughter, or stammering, can undermine your interview and make you appear less confident and competent than you actually are. To overcome such anxiety, complete mock interviews as often as possible, particularly with individuals whom you do not know well. Record the interviews if possible so you can diagnose and correct any problems.
- • Served as second chair at hearings, oral arguments, and trials
- which provides contact information for state appellate, trial, and county clerkships as well as statistics and trends involving state court litigation.
- Open Chapter
Chapter 17. Drafting Judicial Opinions 25 results (showing 5 best matches)
- For the most part, the general principles of opinion drafting discussed in this chapter apply with equal force to trial and appellate opinions at both the state and federal levels. However, some distinctions do exist when drafting a trial court opinion or an appellate opinion. For example, trial courts typically include similar information in the caption, but only one judge—the author—is listed since trial court cases are not resolved by panels. As such, there is never a dissent, concurrence, or dubitante opinion. Nor do trial courts hear cases en banc.
- Trial court opinions typically use headings, such as “Opinion and Order,” whereas most appellate opinions do not. Like appellate opinions, they may also include subheadings as appropriate. Trial court opinions typically refer to the analytical portion of the opinion as the “Discussion” and again use subheadings to denote why the court has jurisdiction in the first instance. In other instances, however, the trial court may refer to its legal conclusions as “Conclusions of Law.” Furthermore, in trial court opinions, the standard of review is not typically included in a separate section as in some appellate opinions. However, the same general principles of drafting, organization, and citation still apply in the Discussion. Finally, trial court opinions usually conclude with an Order, as shown below:
- The purpose of a trial court opinion also differs from the purpose of an appellate opinion. As the court of first instance, the trial court will typically explain all reasons for its disposition so that if the case is appealed, the appellate court can hopefully find at least one reason to affirm. In addition, the trial court will typically go into much greater detail in discussing the facts and law. As such, trial court opinions are often much longer and more detailed than appellate court opinions. They often resolve a whole host of complex issues, whereas parties generally raise a smaller subset of issues on appeal. Indeed, is a trial court tax opinion that exceeds seventy pages! The trial court will likely issue many opinions and orders in the litigation, some on simple issues such as a discovery motion or motion ...on the Administrative Record or a Motion for Summary Judgment. Trial courts also handle the day-to-day management of a litigation, such as issuing scheduling...
- Both trial court and appellate opinions usually include an Introduction that contains similar information, but when trial court opinions involve fact-findings, the factual background is usually referred to as “Findings of Fact.” The factual background will still be called “Background” when a court resolves motions to dismiss or other issues where factual findings have not yet been made.
- A draft trial court opinion is typically reserved for your judge and/or co-clerk(s). In some Chambers, clerks exchange and spade drafts before issuance. At the appellate level, your judge is the primary audience for your draft opinion, but it will also be circulated to the other panel members and in some instances, to the entire court for review before issuance.
- Open Chapter
Chapter 19. Life After Clerking 2 results
- Without running afoul of your ethical obligations, share the important lessons learned from your clerkship with others. Indeed, it was my strong desire to inspire my students to clerk that prompted me to develop my judicial externship program, my clerkship course, and ultimately to write this book. Upon joining the faculty at my law school, I also volunteered for the Clerkship Committee and in my efforts to assist others in obtaining clerkships, I frequently review clerkship applications, conduct mock interviews, and draft recommendation letters for former students.
- You need not be a law school professor to assist others in obtaining a clerkship. To the contrary, there are countless ways to mentor the next generation of law clerks. First, contact your alma mater to alert them of your clerkship and willingness to speak to prospective clerks, conduct mock
- Open Chapter
- The same cannot be said of clerks to trial court judges. As discussed in , the role of a trial court clerk is quite distinct from that of an appellate clerk. A trial court clerk will often speak directly to counsel on a pending matter to schedule hearings and status conferences, answer questions, etc. For this reason, it is critical that trial court clerks understand the scope and contours of their communications with attorneys.
- In addition, not all filings are public, even if they are not marked confidential. For example, a trial court clerk may work on an ex parte motion or a motion filed under seal.
- Open Chapter
Chapter 3. Preparing to Clerk 6 results (showing 5 best matches)
- Trial Practice
- • Trial Practice
- .... Before your externship concludes, ask your supervising clerk to review your resume and if possible, conduct a mock interview. With your judge’s permission, keep a conflicts list from your externship to avoid potential conflicts of interest during subsequent positions, including a post-graduate clerkship. Send a handwritten thank you note to your judge and each member of Chambers, including the judicial assistant, at the conclusion of your externship to express your gratitude for their mentorship and kindness. In post-externship interviews, emphasize the lessons learned from your externship in your cover letter and other application materials. Yet always maintain Chambers confidentiality. After your externship concludes, make a concerted effort to maintain good relationships with Chambers, through sending occasional emails when a case you worked on is issued or affirmed, mailing holiday or birthday cards, and scheduling visits or coffees with your supervising clerk or judge...
- • Advanced Trial Practice
- • Pre-Trial Practice and Procedure
- Open Chapter
Chapter 5. Knowing Your Role 1 result
- A law clerk plays a pivotal role in Chambers. Trial court clerks do a little bit of everything from managing the docket to drafting opinions. Among other things, they often handle attorneys’ calls, draft letters, speeches, jury instructions, orders, and opinions, input minute entries, prepare the judge for status conferences, hearings, trials, and oral arguments, file opinions, review and edit opinions drafted by other clerks, conduct discrete legal research, schedule status conferences and other hearings, and even perform purely administrative tasks. In sum, a trial court clerk must do a vast array of things in a diverse array of cases and must do all of them well. The trial court clerk’s days are typically very fast-paced, requiring him or her to move quickly and strategically from one task to another. For this reason, trial court clerks must have excellent time management, stress management, and organizational skills. They must also work well under pressure. Yet they play an...
- Open Chapter
Chapter 2. An Overview of the American Judiciary 10 results (showing 5 best matches)
- As in the federal judiciary, state trial courts handle jury trials and litigation-related motions. Like the federal circuit courts, in most states losing parties at the trial level may appeal to state intermediate appellate courts. State appellate judges typically hear cases in three-judge panels. The panels do not fact-find or have trials; as noted earlier, they only engage in error correction. As with the U.S. Supreme Court, state courts of last resort usually decide which cases to hear and sit en banc, meaning that the entire court hears and decides each case. The court of last resort often decides complex and novel issues. Occasionally a federal court will certify a novel question of state law to the appropriate state court for resolution.
- In addition, specialty courts, such as the United States Court of Federal Claims and United States Court of International Trade, exist as well as federal magistrate and bankruptcy courts. Specialty courts usually function as trial courts, but losing parties may appeal as of right to the appropriate appellate court, often the Federal Circuit. Some specialty courts also serve an appellate function. For instance, parties seeking money damages against the United States for breach of a government contract may seek a bench trial—one without a jury—in the United States Court of Federal Claims and appeal the decision to the Federal Circuit. However, petitioners alleging vaccine-related injuries file petitions with the Office of Special Masters, which decides the case in the first instance without a jury; a losing party may seek review from the U.S. Court of Federal Claims and then the Federal Circuit.
- Notably, federal circuit courts engage in error correction; they do not hear witnesses or hold trials. As such, the workflow is typically more predictable than at the trial level, and clerks spend the vast majority of their time assisting their judges in preparing for oral argument and drafting opinions. Circuit judges are usually permitted to hire up to four clerks per Chambers, and these positions are highly competitive in part because circuit clerkships are so prestigious. In fact, some circuit courts, such as the D.C. Circuit Court, are considered “feeders” to the U.S. Supreme Court.
- Through the years, Congress has also created specialty courts at both the trial and appellate levels. These Article I courts enjoy statutorily vested jurisdiction over a specific subset of cases. Some specialty courts like the Military Appeals Court and U.S. Court of Appeals for Veterans Claims serve an appellate function. Countless specialty trial courts also exist, including the U.S. Court of International Trade and U.S. Tax Court. Several of these courts are described in more detail in the chart below.
- Although these clerkships are somewhat less competitive than federal clerkships, they provide invaluable learning experience. The work of state trial courts is often just as hectic, varied, and unpredictable as that of federal trial courts. By comparison, intermediate appellate courts and state courts of last resort offer clerks a chance to more deeply explore each legal issue. State court clerkships are especially beneficial for individuals who plan to practice in the court’s home state after his or her clerkship concludes.
- Open Chapter
- Significant variation appeared by court type, with the most positive response from law clerks in state trial and local trial courts, followed by federal trial courts, and a moderately positive response in federal appellate and state appellate courts.
- The substantial majority felt that the skills gained in their clerkships met or exceeded their initial expectations. Generally, clerks in trial courts (whether federal or state) ranked their skill development somewhat higher than those in appellate courts. The same pattern holds true with regard to the clerks’ perception of the development of the relationship with their judges; most agreed that the relationship met or exceeded their expectations but trial court clerks ranked this slightly higher than appellate clerks.
- More than one-half of the students looked to the level of the court (trial/appellate), while almost as many focused on the type of court (federal/state/local). The reputation of the judge was also ranked by students as extremely significant in their decision where to apply. Other significant factors included the length of the clerkship term (one year versus two year); the atmosphere in chambers/ working conditions; and that the judge previously hired clerks from their law school.
- Open Chapter
Chapter 1. Deciding Whether to Clerk 9 results (showing 5 best matches)
- Clerks also play a vital role in helping judges prepare for judicial proceedings, such as hearings, trials, or oral argument. After drafting a bench memo and conducting research, the clerk usually meets with the judge to discuss issues raised in the bench memo as well as to address the judge’s lingering questions. In trial courts, a judge may ask a clerk to orally brief him or her on a time-sensitive issue because time does not permit the clerk to draft a lengthy bench memo. As such, a clerk must possess strong oral communication skills and be able to clearly and succinctly articulate his or her ideas and reasoning to the judge both orally and in writing. Moreover, trial court clerks may further assist the judge by scheduling or setting up for judicial proceedings and by drafting orders that clarify the scope and purpose of such proceedings.
- In this regard, clerks are often the first line of defense for the judges they serve. Trial court clerks assess newly assigned cases, communicate with parties, and manage the docket to ensure an expeditious and just resolution of each case. In addition, both appellate and trial court clerks often act as sounding boards for their judges, discussing complex legal issues in pending cases. It is a clerk’s duty to objectively present all sides of an issue to the judge and to perform supplemental research as necessary to answer his or her judge’s lingering questions.
- A clerk’s responsibilities vary significantly based on both the judge and the type of clerkship. However, broadly speaking, clerks generally possess the following responsibilities: (1) judicial drafting; (2) research and verification; (3) preparation for judicial procedures, such as oral argument, trials, and hearings; (4) editing; (5) case management; and (6) administrative duties. Each of these responsibilities will be discussed in more detail below. Trial court clerks may have additional obligations, such as managing the docket, communicating with the parties, and filing orders.
- The most important responsibility of each law clerk is judicial drafting. Law clerks, whether at the trial or appellate level, spend the bulk of their time drafting judicial documents for their judge to review. Then they will expend additional hours incorporating their judge’s suggested revisions. A trial court clerk drafts orders, and judicial opinions. Because appellate courts exclusively handle appeals and have no trial functions, appellate clerks spend the vast majority of their time drafting bench memoranda to prepare their judges for upcoming oral arguments. Appellate clerks also provide critical support during and after oral argument and work collaboratively with their judges to draft opinions. As part of that process, clerks usually convert bench memoranda into draft opinions, although the opinion-drafting process varies by Chambers. ...and trial court clerks will occasionally assist in other less traditional drafting projects, such as speeches, journal articles, or...
- To a lesser extent, clerks will sometimes be responsible for performing courtroom duties and administrative tasks. This varies by court and by Chambers. It also hinges in large part upon the type of clerkship you possess; trial court clerks and career clerks tend to bear more administrative responsibilities than appellate clerks. For example, trial court clerks will often answer the phone, update the calendar, upkeep the Chambers’ library, water dispenser, or coffee station, organize records, make the judge’s travel plans, mail packages for Chambers, and schedule appointments for the judge. Some clerks even perform purely personal tasks for the judge, such as picking up the judge’s dry cleaning or lunch. In all things, the clerk serves at the pleasure of the judge and must be willing to help out whenever and however possible, even with unglamorous, non-law-related duties. This is particularly true in the case of a career clerk who is not hired for a set term. Career clerks often...
- Open Chapter
Chapter 15. Drafting 11-Days and PFRs 4 results
- opinion reversed the trial court’s ruling that ABC could allege patent infringement as a Fifth Amendment Taking. On remand, the trial court permitted ABC to amend its complaint to add a claim against 123 for infringement under 35 U.S.C. § 271(g) and to transfer that claim to the Eastern District of Virginia pursuant to 28 U.S.C. § 1631.
- Whether the trial court should have transferred the case and whether the court should have allowed the complaint to be amended to add 123 as a defendant?
- : Under 28 U.S.C. § 1631, transfer is appropriate if (1) the transferor court lacks jurisdiction; (2) the action could have been brought in the transferee court at the time it was filed; and (3) the transfer is in the interest of justice. The court reviews the trial court’s grant of a motion to transfer a claim for an abuse of discretion, but issues of law are reviewed
- ) reversed the trial court’s decision to amend ABC’s complaint and transfer the amended complaint to the district court. The panel remanded the case for further proceedings consistent with this opinion. For the reasons explained below, I recommend that you
- Open Chapter
Chapter 8. Professionalism and Decorum 2 results
- (2) dressing and grooming appropriately and wearing proper business attire during Court Week, hearings, trials, etc.;
- Keep stain remover at your desk in case you accidentally stain your clothes during the workday. It may also be a good idea to keep a suit in your office in case of an unexpected hearing; this is especially true of trial clerks.
- Open Chapter
Chapter 7. Effective Docket and Time Management 6 results (showing 5 best matches)
- Effective time management and good organization are both critical to performing well as a law clerk. Your judge is far too busy to remember filing deadlines or hearing dates. It is up to you and the judicial assistant to know exactly what needs to be done and by when. This is particularly true for trial court clerks for whom each day is fast-paced and often unpredictable.
- The easiest case management tool is the use of electronic case folders and subfolders. At the trial court, one case may have many pending motions, etc. Thus, create a main folder that is labeled with the case name and docket number. Subsumed within the main folder, create a subfolder for each independent matter, such as “Docket,” ...draft of the pending Order and Opinion Granting the Motion. Each version should include a version number and date to better ensure that you are working on the current draft but also so that you can return to older drafts to reinsert previously deleted material. Another folder labeled “Key Cases” might include highlighted versions of the key cases cited in the motions and/or opinion. Create as many folders and subfolders as you need to help you efficiently store and quickly locate materials. Because good organization is critical to successful performance in any type of clerkship, the use of folders and subfolders is equally helpful in appellate and trial...
- On the other hand, some tools, such as the case status charts and status update memos mentioned below, are much more, if not exclusively, beneficial at the trial court level since only law clerks at those courts play a more active role in managing the docket.
- In addition, both appellate and trial court clerks must be able to accurately gauge how much time they may need to adequately assist the judge in preparing for hearings, trials, or oral argument. This involves assessing the complexity of the case, the time needed for drafting a bench memo or performing other preparatory measures, evaluating the impact on the schedule of other professional or personal commitments, and predicting how much time the judge will need to review the materials necessary to prepare. As a good rule of thumb, always assume that any task will take longer than you first expect. By setting a deadline that is more generous than you may need, you will likely preempt the problem of having to request an extension; depending on your Chambers culture and on your judge, requesting an extension may be perceived as inconvenient or unprofessional. Sometimes an extension is impractical or impossible to grant given pressing time considerations. Avoid this issue by asking for...
- If you are a trial court clerk, you will often be involved in scheduling matters. You may conduct conference calls with attorneys to establish a schedule that is mutually acceptable to the parties and the court and then draft a corresponding scheduling order, which establishes filing deadlines and hearing dates in the matter. In so doing, it is very important for you to take into account your judge’s professional and personal commitments. For example, do not schedule a hearing on your judge’s birthday or on the day that his or her son is returning home from being stationed abroad. In both cases, your judge may prefer to take the day off, work from home, or at least have a light caseload that day. Be thoughtful. Just because a party suggests a date or time frame, that does not mean the court must accept it, although the court should work diligently with the parties to establish a mutually convenient schedule.
- Open Chapter
Chapter 16. Drafting Bench Memoranda 5 results
- Before discussing the general format and content of bench memoranda, it is important to note that not all judges require them. Nor do all cases warrant one. Moreover, the format and content of a bench memo may vary significantly by Chambers, court, and the nature of the matter. Thus, it is important to speak with your judge and/or his or her existing clerks at the outset of your clerkship to determine whether and when your judge prefers a bench memo, what it should include, etc. As a general matter, the use of bench memoranda appears to be more prevalent in appellate courts than in trial courts, but many trial judges may still require some sort of written synthesis akin to a bench memo before hearings and oral argument. In appellate courts, law clerks typically draft a bench memo for nearly every argued case.
- issue(s) on appeal. In a trial court, only a portion of the Record will likely be relevant to the issue(s) subject to the upcoming oral argument or hearing. As mentioned earlier, sometimes the parties will work together to create a Joint Appendix, which means that the parties agree that these portions of the Record from the proceedings below are all that the appellate court will require to render a just decision. A Joint Appendix is especially helpful to law clerks and judges as it saves time and expense. To assist the court, attorneys at the trial court may append the relevant portions of the Record to their motions, either separately or jointly.
- While non-exhaustive, the advice contained in this chapter generally applies with equal force to bench memoranda drafted for any judge whether state or federal, trial or appellate. However, as noted above, your judge may require additional information or a unique format not discussed herein. Therefore, it is important that you consult your judge or supervising clerk
- refers to the first week of each month when a federal circuit court hears oral argument on all of the cases to be argued that month. Some circuits, including the Fourth, First, and Federal, hear oral arguments during a monthly Court Week, which is usually held at the beginning of each month with some exceptions. Other circuits hear arguments throughout the month. To determine when your court hears oral argument, consult the court calendar on the court’s official website. By comparison, trial courts schedule oral arguments throughout the month and do not hold an official Court Week. To determine when your court will hear oral argument in a matter, consult the master calendar for Chambers or the docket in the case of interest. The date should be listed on a scheduling order.
- Nor do most judges require a bench memo for argued cases that are ultimately resolved by a per curiam affirmance without an opinion (“PCA”). For example, at the United States Court of Appeals for the Federal Circuit, Rule 36 enables a panel to affirm a lower court without issuing a full opinion, which explains the court’s reasoning. As such, a Rule 36 affirmance lacks precedential authority. Rule 36 is only appropriate where: (1) “the judgment, decision, or order of the trial court appealed from is based on findings that are not clearly erroneous”; (2) “the evidence supporting the jury’s verdict is sufficient”; (3) “the record supports summary judgment, directed verdict, or judgment on the pleadings”; (4) “the decision of an administrative agency warrants affirmance under the standard of review in the statute authorizing the petition for review”; or (5) “a judgment or decision has been entered without an error of law.”
- Open Chapter
- In addition to CM/ECF and email management, some clerks, such as those working at trial courts, will often be tasked with answering the phone. It is important to practice proper etiquette in answering these calls because in so doing, you represent your judge. Your conduct must never reflect adversely on your judge’s dignity and integrity. In particular, learn how to place a call on hold and to transfer a call as you will frequently be required to do so, particularly as a trial court clerk. Losing a call in the process or transferring a party to the wrong individual may not only reflect poorly on Chambers but also may be off-putting or frustrating to the caller.
- Open Chapter
- than half of the districts appoint counsel to represent a pro se litigant for the full case or in limited circumstances (e.g., in mediation or at trial). Most districts help pro se litigants find counsel, pay for counsel, or both. Nearly half the district courts pay costs, and an additional quarter pay costs and some or all attorneys’ fees. Additionally, a majority of district courts have taken steps to encourage attorneys to provide pro bono legal counsel for pro se litigants.
- , the U.S. Supreme Court stated that “there is no meaningful distinction between a rule which would deny the poor the right to defend themselves in a trial court and one which effectively denies the poor an adequate appellate review according to all who have money enough to pay the costs in advance.” 351 U.S. 12, 18 (1956).
- (Sept. 19, 2011), http://trial-technology.blogspot.com/2011/09/he-who-is-his-own-lawyer-has-fool-for.html.
- The origins of pro se representation can be traced to the Magna Carta, which aimed to ensure that all free Englishmen received a fair trial.
- For example, a 2009 study of the federal judiciary revealed that in one year, the docket included 71,543 pending pro se civil suits, or roughly 26% of the trial court docket.
- Open Chapter
- The body of the opinion usually begins with a brief statement of the issue(s), general factual background, and then a succinct overview of the procedural posture. Note whether this information is a factual finding of a trial court or merely a recitation of the factual background. Next, the opinion will discuss the court’s reasoning. As you read the case, be careful to distinguish a party’s argument with the court’s reasoning. Also note when a statement is a holding essential to the case or mere dicta that is not legally binding. Finally, also always note whether the statement is
- Open Chapter
- The same general principles apply with regard to suggested revisions from co-clerks. In some Chambers, your judge will ask you to share your near-to-final draft with one or all of your co-clerks for source-checking, cite-checking, and other review. This is especially common in trial courts. Allow ample time for this, and be mindful of your co-clerks’ busy schedules. As with your judge, do not take a co-clerk’s comments personally. Your co-clerks are incredibly bright, so be open to their suggested revisions; the incorporated edits will likely strengthen the opinion. Again, exercise good judgment in accepting and rejecting edits, only incorporating suggested revisions that will strengthen the opinion.
- Open Chapter
Chapter 14. Drafting Orders 3 results
- is an application or request for the court to issue a decision or take an action. In trial courts, an attorney making the motion may be required or expected to attach a sample order to his or her motion. However, the court is not required to adopt the sample order. Instead, the court can modify the submitted order or draft an entirely new one. Likewise, local rules may require the inclusion of other additional documents as well. For example, they might require a party to append a copy of the proposed amended complaint to its accompanying motion to amend the complaint.
- establishes a litigation schedule that the parties must follow. In drafting a scheduling order, it is important to first consult the parties. It is common for parties to file a joint motion suggesting a discovery schedule, and some judges may require this. In the absence of a joint motion, the court can convene a status conference to ascertain mutually convenient dates for discovery and the filing of motions. As a law clerk, it is critical that you do not simply accept the dates that the parties suggest. Instead, carefully consult your judge’s personal and professional schedule as well as your own to ensure that the scheduling order establishes reasonable deadlines that will not conflict with the judge’s existing personal and professional obligations. These include speaking events, trials, oral arguments, and other pending matters as well as personal commitments, such as vacations, family visits, or medical procedures.
- Plaintiff’s Counsel: Respectfully, Your Honor, even though this is a single-plaintiff case, it involves allegations of race, sex, and religious discrimination as well as retaliation. And although my client only worked at the Defendant’s place of business for six weeks, during that time, she estimates that she sent and received over 20,000 emails and hundreds of instant messages and other correspondence that we must pore over carefully. She also worked with 36 other employees we may want to depose and worked with over 30 clients. In addition to the scope of discovery, I would also like to note that I am a solo practitioner with only one paralegal and a busy caseload, including three trials set for this summer. Ms. Reyes is one member of an eight-person team exclusively devoted to this case and backed by the resources of a large law firm. I have far more limited resources and
- Open Chapter
- The judge-clerk bond is key to appellate decision-making, which is a cyclical, collaborative process. While trial judges need only convince themselves of a legal conclusion, appellate judges sitting on panels must convince each other, and as a result are tied together as members of the Court. I was appointed to exercise my judgment, but I cannot shape the immediate outcome of a case without consensus among my colleagues; there is no panel of one. Like most appellate courts, we hear oral argument during a one-week period each month. Once oral argument is scheduled, three judges are assigned to each panel. Upon confirmation by the panel members, the briefs are distributed to the respective chambers. We prepare
- Open Chapter
- Publication Date: April 5th, 2017
- ISBN: 9781634608220
- Subject: Legal Clinic
- Series: Academic and Career Success
- Type: Academic/Prof. Development
-
Description:
The All-Inclusive Guide to Judicial Clerking is a comprehensive resource ideal for current and prospective law clerks and judicial externs as well as law professors who teach judicial drafting courses or direct judicial externship programs. The book explores the purpose and function of a law clerk, the nature and structure of the judiciary, how to apply for and obtain a clerkship, and most importantly, how to perform it well. Among other things, the book explains how to draft judicial opinions, bench memos, orders, and chambers correspondence as well as how to prepare for oral argument, hearings, and trials. It also discusses judicial ethics, professionalism, confidentiality, courtroom decorum, docket management, and other issues that law clerks commonly encounter. The book breaks down complex tasks, such as opinion drafting, into a series of simple, concrete steps and provides checklists, graphical illustrations, annotated judicial opinions, and sample emails, letters, and samples of other documents that law clerks often prepare. The book also shares practical guidance gleaned from law clerks who have served judges across America.
Book Review: The All-Inclusive Guide to Judicial Clerking by Abigail L. Perdue: A Must-Have Resource for Prospective Judicial Clerks and Advisors by Elyse Diamond.