Question for attorney spouses out there

[GrayMatterWife]

Perhaps this is an incredibly naive question but how does one go about applying for clerkships, whether at the state or federal level?

At the the state level, it's a state-by-state process, and each state has a completely difference process. If you go to the website for the highest state court of any particular state, you should be able to find information. You should know though: if you are a law school grad, you may be required to either be licensed in that state or be preparing to take that state's bar (or are seeking waiver of the bar requirements for entry into that state's bar).

At the federal level, if you are in law school (which I don't think you are...), you apply through the online OSCAR system. OSCAR provides the Law Clerk Hiring Plan for 3Ls, which the judges are **supposed to** follow. Info on that is available at www.oscar.uscourts.gov. If you are still in law school, you must go through OSCAR. You apply only during the application and interview season as set up by OSCAR (interviews for the following academic year--the calendar for term clerkships--begin in Sept).

If you are a law school grad, you can apply either through OSCAR or by sending your resume, writing sample and cover letter directly to the judges you are interested in clerking for. But, if you send a package during the "off" season (after interviews for the upcoming year), you may not hear anything for months and months because the judge is already staffed for the upcoming term and doesn't have any openings. It will save you a lot of wasted time if you go online to OSCAR and find out which judges are looking for a clerk. Some have career clerks and never hire new ones; others have unexpected openings and are looking to staff up immediately. Also, the OSCAR site has information that is particular to each judge--some judges are weird...they want your LSAT scores or something bizarre. Finally, I would think outside the box: US district ct clerkships are not the only ones out there. There is the CoA, US Mag, BK Ct, Ct of Interntl Trade, the US Tax Ct, etc.

You do not need to be licensed in the state where the federal judge presides; you need only to have a bar license in one of the 50 states or territories and be in good standing in every jurisdiction in which you hold a license.

In my comments re: federal clerkships, I am referring to all Article III and Article I judges, except for the justices on the Supreme Court. Applying to the Supreme Court is a completely different animal--I think the justices have feeder professors who refer to them qualified candidates or something. I don't know anything about that very "elite" process. To say the least, I am not **special** that way!

I believe there are several people here, including myself, who've done state and/or federal clerkships and could be of more detailed guidance if you seek out a clerkship.

[GrayMatterWife]

. . . the billable hour...

Yeah, then about Year 2, you realize that no one really cares about your billable hours; they care about your COLLECTIBLE hours. And the partners write off some of your hours as "courtesies" to the clients (but, heaven forbid, never their own!)--so there is a difference between what you bill and what you collect.

[reciprocity]

yeah, one of the many ways my firm screwed over associates last year was by making bonuses and raises based on "hours billed to the client" instead of "billable hours" so that was great for morale

[oceanchild]

Eric, I just got back from visiting my friends in Chicago, and your firm sounds like tons of fun. </sarcasm> That's all.

The rest of you: I worked for federal government lawyers for three years, and if you want a stable, fairly 9-5 job, that's a great way to go. At my agency they tried to pigeon-hole part-timers into a few particular areas, but there were part-time options available too.

[GrayMatterWife]

yeah, one of the many ways my firm screwed over associates last year was by making bonuses and raises based on "hours billed to the client" instead of "billable hours" so that was great for morale

Merry Christmas and Happy Channukah right there.

[MrsK]

Could be worse. . . they could be rewarding them on billables collected. While we want our associates to be productive, it is unfair to evaulate them based on a factor that is out of their control.

[JC76]

Regarding hanging a shingle while DH is in residency... that's exactly what I'm doing. I passed the bar last summer (while 32 weeks pregnant I might add!!!!) and knew I wanted to take a few months off with the baby before starting to work. I entered law as a second career and from day one I did it with the intention of being self-employed. It's one of the main reasons I changed careers. I tried to gain as much practical lawyering experience as I possibly could during law school and concentrated in an area which is very conducive to private practice (estate planning & elder law). My original plan when I was ready to start working was try to find a good small practice or other solo in my field who was looking to expand their practice, would mentor me, and would be flexible given my virtual-single-mom lifestyle, because I figured it would be good to work for someone else for at least a year or two.

But then, just as I was ready to start sending out applications, my family developed the need for some part time help with their business AND, at the same time, my mentor/elder law professor at the law school managed to hook me up with a 6 month research fellowship. So, for the last 6-7 months I've been working from home doing those things, and slowly starting to network and get my name out there as an elder law attorney. Now that the fellowship is over, I'm taking the plunge.

I'm in a unique situation where I have a part time job working for my family business (basically doing finance stuff and whatever legal work pops up as general counsel), so it gives me some financial freedom to build a practice. I also am fortunate enough to have both sets of grandparents living nearby and providing free childcare for me 3 days a week. Those are two unusual luxaries.

Basically, because I knew from day one in law school that this was what I really wanted, I've been cultivating referral sources for a long time and have also cultivated other good local attorneys in the field who I can call when I get into a pinch, of if I'm over my head a little, need to run a case by them, etc. This is what I always wanted, so I'm excited, but it's also daunting. BUT - I get to work from home, I'm my own boss, and I get to practice in an area of law and with a client population that I really enjoy. Downside - financially, we'd be much better off if I had taken a job with a firm. But then I wouldn't get to see my daughter nearly as much and I wouldn't have the time-freedom to hang out with DH on a random Wednesday that he has off, etc. Financially, every solo I've talked to says they're lucky if they break even the first year they're in practice, but over time, if you're dilligent in building your practice and put in the hours, you catch up to some (not all, of course) of your former classmates who went the traditional firm route.

So I say consider it, if you can. I had several friends who graduated with me in 2009 who had no choice but to start solo practices right away thanks to the crappy economy and lack of jobs, and several of them are doing fine.

Way to go on passing the bar pregnant, I can't imagine. It's hard enough already! And thanks for the good advice. I have always wanted to do criminal defense and I have worked for criminal defense attorneys most of my life and during law school. I have never wanted to work for "biglaw" it's just not for me. During law school I interned at the Innocence project, clerked for criminal defense attorneys, took trial advocacy etc. I have lots of contacts in this area of law, just not in this state! I am at a serious disadvantage because we moved for residency. I am not licensed here yet (should find out here in the next few weeks) and I know very few other attorneys in the area. I just keep sending my resume out hoping someone will give me some contract work or hire me on as a clerk so I can get some experience out here. I am currently doing research for a local criminal appellate attorney which is at least something but it's not enough something. I absolutely love this type of work I just want more of it! We don't have kids yet and I am starting to go stir crazy with my husband gone all day and not enough real work to do. I was thinking of putting in to be guardian ad litem or something. Or getting a job waiting tables. I don't know, but it's disheartening to want to work so bad and to keep getting turned down (or just downright ignored.) Sigh.

[MarissaNicole]

Way to go on passing the bar pregnant, I can't imagine. It's hard enough already! And thanks for the good advice. I have always wanted to do criminal defense and I have worked for criminal defense attorneys most of my life and during law school. I have never wanted to work for "biglaw" it's just not for me. During law school I interned at the Innocence project, clerked for criminal defense attorneys, took trial advocacy etc. I have lots of contacts in this area of law, just not in this state! I am at a serious disadvantage because we moved for residency. I am not licensed here yet (should find out here in the next few weeks) and I know very few other attorneys in the area. I just keep sending my resume out hoping someone will give me some contract work or hire me on as a clerk so I can get some experience out here. I am currently doing research for a local criminal appellate attorney which is at least something but it's not enough something. I absolutely love this type of work I just want more of it! We don't have kids yet and I am starting to go stir crazy with my husband gone all day and not enough real work to do. I was thinking of putting in to be guardian ad litem or something. Or getting a job waiting tables. I don't know, but it's disheartening to want to work so bad and to keep getting turned down (or just downright ignored.) Sigh.

Have you joined your local bar association, women's bar, government bar or any other organization. That was how I got my first job was through meeting my boss there... I found that meeting people was more useful than sending out my resume blindly. Good luck.

I may be wrong but I don't think I can join the State bar until I am actually licensed in this state. I am a member of a national organization and I have been targeting other members for my job search, maybe I can find a local meeting or something. At this point I might just find the local lawyer happy hour hangout and go network there! The legal world is just so very much about putting in face time with people, other lawyers, potential clients etc. And I did all that, just not in the state we currently live in. Thanks for all the advice, it's been really helpful. I don't think any of us have it easy these days. And throwing in a medical spouse just makes it that much more of a pain in the rear!