A book on appellate clerking? Don't necessarily be suckered in

Someone forwarded me this book the ABA is offering to sell on its website to anyone interested in clerking: The Federal Appellate Court Law Clerk Handbook. Although some books for prospective law students are good (see my list here), I find it hard to believe that this particular book has much value for the people who are getting these clerkships. I'm sure it has some value for somebody though, and I don't mean the author. Just because there's little chance that I would buy it doesn't mean it isn't worth checking out. As I always say, make an informed decision. This book is certainly one way of going about it. Speaking to your predecessor-clerk is another. Regardless if you figure it out by reading a book or talking to former clerks, once you've started a clerkship (appellate anyway), it is a dive into the deep end, and some learn how to swim faster than others.

I do remember reading an article written by former clerks that was of some use though, and you can get these articles for free with your westlaw or lexis access. That article is Gerhardt & Martineau, Jr., Reflections on Appellate Practice in the Sixth Circuit, 16 U. Tol. L. Rev. 625 (1985). Another one is Bright, Appellate Briefwriting: Some "Golden" Rules, 17 Creighton L. Rev. 1069 (1984). I also wouldn't be surprised if another updated article on the topic isn't published sometime in the next couple years.

If you are interested in clerking, I strongly suggest that you try and do it after your first year of law school. Many courts (trial and appellate) hire 1Ls as summers who work as basically assistants to the law clerk. The odds of you getting a firm job are pretty slim to begin with, so why not take all of your theory and put it to work right away? I would bet that your odds of getting one of these summer positions is much greater. Personally, I know lots of law students that did this after their first year, and the value of the experience far outweighs the money you will make (which is zero dollars). Of course, making two grand a week at a big firm after your first year has its perks also.

My pitch for the value of this summer experience as compared to something else has this nugget as an added bonus: you'll have plenty to talk about during your 2L interviews, and chances are you'll have a much better summer than most of your friends. That's the best advice I can do for all you 1Ls about to start finals. Work on those apps during the winter break and send them out the second you get your first semester grades. As far as states and circuits, you've got 1000+ courts to choose from. Most aren't opposed to turning away free labor if you've got the credentials to back it up. Things to think about.

For those of you still in school, good luck on finals. That, for sure, is something I do not miss about law school or school generally.

Tags: clerking after 1L, summer jobs for 1L, appellate clerking books