Law clerks are highly educated legal professionals who assist judges at state and federal courts with research, opinion drafting, and case management. Nearly all federal and major judicial clerkships require a Juris Doctor from an accredited law school. These prestigious 1-2 year positions serve as post-graduate apprenticeships, offering invaluable experience and professional networking. While most clerkships lead to strong career advancement, former Supreme Court clerks entering elite law firms may receive exceptional signing bonuses.
Judges at state and federal levels employ assistants called law clerks to manage complex paperwork, conduct sophisticated legal research, and help shape the decisions that define American jurisprudence. Despite the term “clerk” suggesting an administrative role, law clerkships rank among the most competitive and prestigious positions available to law school graduates.
Nearly all federal and major state judicial clerkships require a Juris Doctor from an accredited law school. These positions typically go to students who performed exceptionally well academically, often with law review experience and strong writing credentials. Each judge sets their own hiring criteria, which may include specific class rank requirements, particular legal interests, or other qualifications. The role offers more than just career advancement; it provides an insider’s perspective on judicial decision-making, mentorship from experienced judges, and networking opportunities that can shape an entire legal career.
What is a Law Clerk?
A law clerk serves as the right hand to a judge, functioning essentially as a highly trained legal researcher and analyst. Nearly all federal clerkships and most prestigious state clerkships require a Juris Doctor from an accredited law school, with many federal judges specifically seeking candidates who participated in law review during their legal education.
The term “clerk” significantly understates the intellectual rigor and professional significance of the role. Law clerks aren’t administrative assistants; they’re legally trained professionals who help judges analyze complex cases and articulate judicial reasoning. Because clerks typically haven’t yet passed the bar exam or been admitted to practice, they can’t represent clients, appear in court as counsel, or provide legal advice directly to parties. However, they are generally authorized to conduct legal research, draft judicial documents, and in some jurisdictions, conduct arbitration or perform other supervised legal tasks.
Types of Clerkships
Law clerkships exist at multiple levels of the court system, each offering distinct experiences and career advantages:
| Court Level | Prestige | Typical Duration | Career Impact |
|---|---|---|---|
| U.S. Supreme Court | Highest | 1 year | Elite career opportunities, $500K+ bonuses |
| Federal Courts of Appeals | Very High | 1-2 years | Often a stepping stone to Supreme Court clerkships |
| Federal District Courts | High | 1-2 years | Strong placement at law firms and the government |
| State Supreme Courts | High | 1-2 years | Excellent state-level connections |
| State Trial Courts | Moderate | 1-2 years | Practical trial experience |
Clerkships for most state and federal judges run for one or two years, giving judges the benefit of working with fresh, energetic law school graduates who bring new perspectives into their chambers. In turn, clerks gain invaluable practical experience in the inner workings of the American legal system. However, duration varies by court and position type; some state court clerks serve longer terms, and permanent “staff attorney” or “career clerk” positions exist in some jurisdictions.
While most clerkships target recent law school graduates, some jurisdictions take different approaches. California, for example, hires experienced lawyers as staff attorneys rather than traditional clerks. Some judges also maintain permanent clerk positions alongside their term-limited clerks, though these permanent roles are typically reserved for particularly exceptional candidates.
Law Clerk Job Description
Working as a judge’s confidant and being privy to the judicial decision-making process represents one of the legal profession’s most unique learning opportunities. The scope of responsibilities varies by judge, court level, and case load, but certain duties remain common across most clerkships.
Core Responsibilities
Law clerk duties vary significantly by court level, jurisdiction, and individual judge preferences. However, most clerks in federal and state appellate courts focus primarily on research and writing, working behind the scenes rather than in active courtroom roles. Common responsibilities include:
- Conducting extensive legal research on case law, statutes, and constitutional provisions
- Verifying citations and ensuring accuracy in legal documents
- Proofreading the judge’s orders, opinions, and other written decisions
- Communicating with attorneys regarding case management and procedural requirements
- Managing evidentiary exhibits and maintaining organized case files
- Researching and preparing bench memoranda that summarize case facts and legal issues
Additional Responsibilities in Some Jurisdictions
Depending on the court, jurisdiction, judge’s preferences, and the clerk’s capabilities, some positions may include:
- Drafting initial versions of judicial opinions and orders (common in many appellate courts)
- Observing courtroom proceedings, trials, and hearings to assist the judge
- Making recommendations on the disposition of appeals
- Providing research assistance during hearings or oral arguments
- Maintaining the chambers’ library and supervising other chambers staff
- Reviewing and analyzing briefs submitted by counsel
- Handling administrative duties in the judicial office
Note: The specific duties and level of responsibility vary widely depending on the court, the judge’s management style, and whether the clerkship is at a trial court (more procedural work) oran appellate court (more opinion drafting). Trial court clerks may have more courtroom exposure, while appellate clerks typically focus on research and writing.
The Real Work Experience
Clerking involves substantial, demanding work. Overburdened judges delegate as much of their workload as legally and ethically permissible to their clerks. Each judge organizes their courtroom differently and holds distinct perspectives on appropriate delegation. The work is intensive and often requires long hours, particularly during heavy case load periods or when major decisions loom.
However, the intellectual engagement is exceptional. Clerks work on sophisticated legal questions that affect real people’s lives, property, and rights. They see firsthand how abstract legal principles get applied to concrete situations and learn to think like judges rather than advocates.
Professional Benefits and Career Impact
A law clerk position often provides significant advantages in understanding judicial decision-making. Many judges actively encourage their clerks to engage in substantive debates about case merits and legal arguments, shaping young lawyers’ perspectives through dialogue and mentorship.
An astute clerk can learn more in a year of clerking than they did during their entire time in law school.
However, career outcomes vary considerably depending on the prestige of the clerkship, the judge’s reputation, the clerk’s performance, and subsequent career choices. While clerkships generally enhance legal careers, the degree of advantage depends on multiple factors beyond just completing the clerkship itself.
Specialized Experience Opportunities
Certain federal district courts frequently handle specific types of cases, providing clerks with concentrated experience in particular legal fields:
- Southern District of New York: Commercial litigation and securities cases
- Eastern District of Texas: Intellectual property and patent law
- Northern District of California: Antitrust and technology cases
- District of Columbia: Administrative law and federal government litigation
State courts offer similar specialization opportunities. The Delaware Court of Chancery, for example, handles extensive corporate litigation due to Delaware’s corporate-friendly laws, making it an ideal clerkship for aspiring corporate lawyers.
Career Trajectory Impact
The career benefits of clerkships vary significantly by court level and individual circumstances. Prestigious clerkships, particularly at federal appellate courts and the Supreme Court, can substantially enhance a resume and impact career trajectory. However, the degree of career advantage depends on many factors, including the judge’s reputation, the clerk’s performance, market conditions, and subsequent career choices.
According to a 2024 Bloomberg Law article, the signing bonus at elite law firms for attorneys coming out of Supreme Court clerkships can reach $500,000. This represents the high end of the market and applies specifically to former Supreme Court clerks entering “BigLaw” firms in competitive hiring years. Such exceptional compensation packages are rare and not representative of typical clerkship outcomes.
Clerks from federal appellate and district courts, as well as state courts, also benefit from enhanced job prospects and typically earn starting salaries above their peers who entered practice directly from law school. However, the premium is generally more modest than the exceptional packages offered to Supreme Court clerks, typically ranging from $15,000-$30,000 above standard starting salaries.
Networking and Professional Connections
Throughout a clerkship, clerks meet and interact with lawyers, other judges, and court officials, building professional networks that serve them throughout their careers. These connections prove particularly valuable when later practicing in the same jurisdiction. The relationships formed and the reputation earned during a clerkship often lead to mentorship opportunities, job offers, and professional referrals years after the clerkship ends.
How to Become a Law Clerk
Competition for clerk positions is fierce. Not all law school graduates will secure these positions, even among highly qualified candidates. The selection process involves multiple factors, some strictly merit-based and others reflecting judges’ individual preferences and needs.
Understanding Judicial Hiring Authority
Judges in the United States wield enormous power and enjoy deference both in and outside the courtroom. Their positions carry immense responsibility and frequently involve lifetime appointments, designed to shield judicial decisions from political pressure and public opinion.
Among judges’ unchallenged prerogatives is complete authority over clerk hiring. Individual judges establish their own criteria, which can be as varied and independent as their approaches to interpreting law. These standards aren’t always strictly job-related; judges have been known to select clerks who share personal interests like chess or who can compete in chambers basketball games.
The Application Timeline
Clerkship applications typically follow this general timeline, though it varies by court and judge:
| Stage | Timing | Action Required |
|---|---|---|
| Preparation | 2L year (second year of law school) | Build a resume, secure recommendations, and research judges |
| Application Period | 3L year (third year of law school) | Submit applications through OSCAR or directly to judges |
| Interviews | Spring of the 3L year | Attend interviews, demonstrate legal knowledge, and fit |
| Offers | Late spring/early summer | Accept the offer quickly (turning down offers is poor form) |
| Start Date | After graduation and the bar exam | Begin clerkship (typically August or September) |
Sequential Clerkships
For particularly prestigious positions like Supreme Court clerkships, candidates typically serve first in a lower court before applying. Most Supreme Court clerks complete at least one year at a federal Court of Appeals before moving to the highest court. This progression allows clerks to prove themselves at one level before competing for even more selective positions.
Education and Qualifications
Nearly all federal clerkships and most prestigious state judicial clerkships require a Juris Doctor (JD) from an accredited law school. While graduates from highly ranked law schools have statistical advantages for the most competitive positions, strong candidates from a wide range of accredited programs can secure excellent clerkships, particularly at state courts and federal district courts in their region.
Required Education
Law clerks generally possess:
- Juris Doctor (JD): The standard law degree from an ABA-accredited or state-accredited law school, required for nearly all clerkships
- Master of Laws (LLM): Advanced legal study in a specialized area (less common but acceptable for some positions)
The intensive research and writing demands of clerkships mean that clerks must demonstrate excellent written communication skills and maintain a well-rounded understanding of multiple legal areas, court procedures, and jurisdictional rules.
Judge-Specific Hiring Criteria
Each judge sets their own hiring standards, which often include:
- Class rank: Many federal judges seek candidates in the top 10-25% of their law school class
- Law review participation: Membership on or editorial positions with a law journal
- Writing ability: Strong legal writing samples demonstrating analytical skills
- Relevant experience: Moot court, clinical work, or prior clerkships
- Personal fit: Shared legal interests, work style compatibility, or other individual factors
These criteria vary significantly among judges. Some prioritize academic credentials above all else, while others value practical experience, specific subject matter expertise, or personal characteristics. Understanding a judge’s priorities can help candidates target their applications effectively.
Law School Performance
Academic excellence is typically non-negotiable for competitive clerkships. Key indicators judges consider include:
- Class rank (top 10-25% for most federal clerkships)
- Law review membership or editorial positions
- Moot court participation and success
- Academic awards and honors
- Published legal writing or journal articles
- Relevant clinical experience
Writing Ability
Most judges prioritize strong writing skills above all else. Clerks often draft initial versions of judicial decisions, and the cleaner and clearer these drafts are, the less work judges must invest in polishing them. Judges scrutinize writing samples carefully during the application process, often requesting multiple samples demonstrating different types of legal writing.
Law School Prestige
While not absolute, law school ranking significantly impacts clerkship prospects, particularly for elite positions. Only 8 of the 36 Supreme Court clerks serving in 2017 came from law schools outside the top ten in the United States. However, strong performance at a lower-ranked school can still lead to excellent clerkship opportunities, particularly at state courts or in specific regions.
Ideological and Philosophical Fit
In some courts, particularly at higher levels and in politically sensitive jurisdictions, judges increasingly consider candidates’ legal philosophies. On the Supreme Court, justices often select clerks who share their judicial philosophy, though this practice varies. The late Justice Antonin Scalia famously ensured at least one of his four clerks held different ideological views, believing exposure to opposing perspectives strengthened his decision-making.
Finding and Applying for Clerkships
The application process differs significantly between state and federal courts, though both require strategic planning and meticulous preparation.
Federal Court Applications: OSCAR System
For federal clerkships, the federal judiciary established OSCAR (Online System for Clerkship Application and Review), a centralized application platform. This system streamlines the process of applying to multiple federal judges simultaneously.
Through OSCAR, candidates can:
- Create a single application profile with a resume, a transcript, and writing samples
- Apply to multiple judges across different courts
- Track application status and interview requests
- Receive and respond to offers through the platform
It’s considered common courtesy to apply to every judge in a particular court when using OSCAR. Supreme Court applicants, for example, commonly apply to all nine justices, even if they hope to work for only one specifically.
State Court Applications
State court clerkships typically require direct applications to individual judges. This process involves:
- Researching judges and their backgrounds
- Tailoring application materials to each judge
- Sending applications directly to chambers
- Following up appropriately without being pushy
The Importance of Recommendations
Strong recommendations are invaluable for clerkship applications. Finding a former clerk or well-respected member of the local bar to advocate for you can significantly improve your chances. Law professors with connections to particular judges often provide crucial recommendations.
Many top law schools employ counselors specializing in clerkship placement. These professionals help students connect with judges, prepare application materials, and practice for interviews. Schools benefit from placing clerks with prominent judges, so they invest considerable resources in supporting student applications.
Etiquette and Expectations
Several unwritten rules govern the clerkship application and acceptance process:
- Turning down any clerkship offer is considered poor form and can damage your reputation
- Apply only to judges you would genuinely be willing to work for
- Accept the first offer you receive, even if it wasn’t your top choice
- Respond to offers quickly (judges expect decisions within 24-48 hours)
- Maintain professionalism throughout the process
These norms can create difficult situations where clerks accept positions with judges they didn’t particularly want to work for, but they preserve the system’s efficiency and judges’ confidence in the process.
Law Clerk Salary and Compensation
While clerkships are prized for their professional development value rather than compensation, law clerks earn respectable salaries. Understanding the financial picture helps candidates make informed decisions about accepting positions.
National Salary Overview
As of May 2024, the Bureau of Labor Statistics reported that law clerks earned the following compensation:
| Measure | Annual Salary | Hourly Wage |
|---|---|---|
| Mean (Average) | $69,850 | $33.58 |
| Top 10% (90th Percentile) | $113,150+ | $54.40+ |
Salary by Government Level
Compensation varies by the level of government employing the clerk:
- State government clerks: $76,410 annually ($36.74 per hour)
- Local government clerks: $61,190 annually ($29.42 per hour)
Federal clerk salaries typically fall at the higher end of these ranges, with federal district court clerks and appellate clerks earning competitive wages supplemented by federal benefits.
Top-Paying States for Law Clerks
As of May 2024, law clerks in these states reported the highest average salaries:
| State | Average Annual Salary |
|---|---|
| New York | $118,180 |
| Connecticut | $99,510 |
| Arkansas | $88,330 |
| North Dakota | $87,240 |
| Washington | $81,720 |
Post-Clerkship Compensation
The financial benefits of clerkships often materialize after the position ends. Former Supreme Court clerks entering elite law firms can receive exceptional signing bonuses in the range of $400,000-$500,000 in competitive hiring years, far exceeding their clerkship salary. This represents the high end of the market and applies specifically to the most prestigious clerkships.
Former clerks from federal appellate and district courts, as well as state courts, also typically enjoy salary advantages over peers who entered private practice immediately after law school. The premium varies by clerkship prestige and market conditions but generally ranges from $15,000-$30,000 above standard starting salaries at law firms.
Important Note: Salaries and compensation vary significantly by court level, geographic location, government level (federal vs. state vs. local), individual judge, and subsequent employment path. The figures presented represent averages and don’t reflect the wide variation in actual compensation. Post-clerkship signing bonuses and law firm offers often exceed base clerkship salary by substantial margins, particularly for former Supreme Court clerks entering large law firms.
Long-Term Career Considerations
While accepting a clerkship means delaying higher private sector earnings by 1-2 years, many former clerks find the experience provides career advantages that can offset this initial sacrifice. Outcomes vary significantly, but former clerks from prestigious positions often experience:
- Enhanced consideration for partnership track positions at law firms
- Preferential hiring for competitive government positions
- Professional credibility and networking advantages
- Access to mentorship and professional opportunities through judicial connections
However, it’s important to note that career success depends on many factors beyond the clerkship itself, including individual performance, chosen practice area, market conditions, and continued professional development.
Frequently Asked Questions
What’s the difference between a law clerk and a paralegal?
Law clerks and paralegals are fundamentally different roles. Law clerks hold Juris Doctor degrees from accredited law schools and work directly for judges in courts, serving as research-intensive judicial assistants in 1-2 year post-graduate apprenticeships. They conduct sophisticated legal research, draft judicial opinions, and assist with case analysis, but typically haven’t yet passed the bar exam. Paralegals work for law firms, corporations, or government agencies with specialized paralegal training or certificates (but not law degrees), handling case management, document preparation, client communication, and litigation support as a long-term career. The educational requirements, work environments, responsibilities, and career trajectories differ significantly between these two distinct legal professions.
Do law clerks need to pass the bar exam?
No, law clerks don’t need to pass the bar exam or be admitted to practice law to serve in their positions. This allows recent law school graduates to begin clerkships immediately after graduation. However, because clerks typically aren’t yet admitted attorneys, they can’t represent clients, appear in court as counsel, or provide legal advice directly to parties in cases. Their work focuses on research, analysis, and drafting documents for the judge. Most clerks take the bar exam during or shortly after their clerkship to maintain career flexibility, as bar admission is required for most legal positions they’ll pursue after clerking.
How competitive are law clerk positions?
Competitiveness varies dramatically by court level and jurisdiction. Federal appellate and Supreme Court clerkships are extremely competitive, typically going to graduates in the top 5-10% of their class from highly ranked law schools, often with law review credentials and exceptional recommendations. Federal district court clerkships are more accessible but still competitive, generally requiring strong academic performance (often top 25% of class). State court clerkships vary widely, with some state supreme courts as competitive as federal appellate courts, while state trial court positions may be more accessible to strong regional candidates. Each judge sets their own standards, so even well-qualified candidates may not secure positions due to limited openings and specific judge preferences.
Can you become a law clerk without attending a top law school?
Yes, you can secure law clerk positions without attending a top-tier law school, particularly at state courts and some federal district courts. Strong academic performance at a regional law school often leads to clerkships with judges in that state or region. Factors that can offset law school ranking include exceptional grades, law review membership, relevant clinical experience, and strong recommendations from professors with judicial connections. However, the most prestigious federal appellate and Supreme Court clerkships remain heavily dominated by graduates from top 10-15 law schools.
How long do law clerk positions typically last?
Duration varies by court and position type. Most federal clerkships last one year, while some state court clerkships extend to two years. This limited-duration benefit benefits both judges (who get fresh perspectives from rotating graduates) and clerks (who gain intensive experience before moving to permanent positions). However, variations exist: some state courts offer longer-term positions, and certain jurisdictions maintain permanent “staff attorney” or “career clerk” positions alongside traditional term-limited clerkships. Sequential clerkships (serving with multiple judges) can extend the total clerking period to 2-3 years, particularly for those pursuing highly competitive appellate or Supreme Court positions.
What happens after a law clerkship ends?
Post-clerkship paths vary based on the clerkship’s prestige, individual performance, and career goals. Many former clerks enter private practice at law firms, often receiving enhanced starting compensation compared to peers who went directly to firms. Others pursue government positions at the Department of Justice, state attorneys’ general offices, or regulatory agencies. Some continue in sequential clerkships at higher court levels. Academic careers, public interest work, and judicial appointments later in life are also common paths. The clerkship credential typically provides networking advantages and enhanced credibility, though actual career outcomes depend significantly on individual choices, performance, market conditions, and the specific clerkship completed.
Are law clerks involved in courtroom proceedings?
Law clerks’ courtroom involvement varies by court level and judge, but they typically observe rather than actively participate. Since most clerks haven’t passed the bar exam, they can’t speak on behalf of parties, make arguments, or act as counsel. Clerks may be present during trials, hearings, and oral arguments, often sitting in chambers or at the bench alongside the judge. Their role is observational and supportive: taking notes, flagging issues for the judge’s consideration, and managing exhibits or documents. The experience of watching skilled attorneys argue and seeing how judges process information in real-time provides valuable learning opportunities. Trial court clerks may have more direct courtroom exposure than appellate clerks, whose work is primarily research and writing-focused.
Key Takeaways
- Law clerks are legally trained professionals holding Juris Doctor degrees from accredited law schools who assist judges with research and opinion drafting in 1-2 year post-graduate positions, though some jurisdictions offer longer-term staff attorney roles.
- Nearly all federal clerkships and most prestigious state clerkships require a JD from an accredited law school, with individual judges setting specific criteria for class rank, law review participation, writing ability, and other qualifications that vary significantly across courts.
- Clerks typically haven’t passed the bar exam and therefore can’t represent clients, appear as counsel, or provide legal advice directly to parties; their work focuses on behind-the-scenes research, analysis, and drafting judicial documents.
- Competitiveness varies dramatically by court level: federal appellate and Supreme Court positions typically require top 5-10% class standing from highly ranked schools, while state court positions vary widely and may be more accessible to strong regional candidates.
- Career benefits depend on multiple factors, including clerkship prestige, individual performance, and market conditions; while prestigious clerkships often provide significant advantages, outcomes vary considerably, with Supreme Court clerks at elite firms potentially receiving exceptional bonuses of $400,000-$500,000 while most clerks see more modest salary premiums.
- The clerkship experience typically provides valuable judicial perspective, professional networking opportunities, and career advantages, though the degree of benefit varies based on the court, judge, clerk performance, and subsequent career choices, rather than being guaranteed or uniform across all clerkships.
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Salary Disclaimer: 2024 US Bureau of Labor Statistics salary and job market figures for judicial law clerks reflect state and national data, not school-specific information. Conditions in your area may vary. Data accessed December 2025.
Career Advice Disclaimer: This content is for educational purposes only. Career outcomes as a law clerk vary significantly based on law school ranking, individual qualifications, judge preferences, and competitive market conditions. This information should not be considered career counseling or a guarantee of employment opportunities. Prospective law clerks should research specific positions and consult with career advisors before making educational or career decisions.
