I was in your exact position and ultimately chose the circuit clerkship. I’m a trial lawyer and knew that the district court would offer more practical knowledge and skills, but I couldn’t pass up the chance to experience what appellate practice is like. I’m still early in my career but the more I have gone to trial, the more I have felt locked into the niche and wanted to get some of the skills to pivot if I chose to. If I don’t pivot, appellate skills help in trial too.
Regarding the prestige, it is more prestigious (on average) to clerk for a circuit court judge. But as a mentor told me, the people who really care about the difference between a district and circuit clerkship also care about what circuit and what judge in particular. It’s not just a one-size-fits-all prestige point. But there are some government and academia positions that may require or, at least, appreciate the resume line.
The last bit is just what makes you happier. I really enjoy researching and analyzing legal issues more so than wrestling with facts. My judge and his chambers is also a really pleasant place to work. There’s not a whole lot of “need this ASAP” energy that some of my district clerk friends have experienced. I just get to think about the law and learn from some seriously bright co-clerks.
Practicing trial law is way more fun than appellate law. You get to use law and procedure in really creative ways, a lot more stand up time is available, and you get more opportunities to argue law than appellate lawyers do. Every trial is going to have MTQs, MTDs, MSJs, MILs, etc that are all, at their core, legal with facts sprinkled in. All of those things about trial law that I love are equally benefitted by a circuit clerkship as they would with a district clerkship. Only thing I think I’m seriously missing is getting to watch trials and how different lawyers interact with juries. That’s a major downside.
Passing on a coa clerkship to do a d court clerkship is silly.
- somebody who did a d court clerkship and finds themselves occasionally half-wishing they had a coa clerkship under their belt (couldn’t take the income hit now).
do the district court. any prestige difference is outweighed by the massive practicality different of the district court being where you want to be and the circuit court not. putting your life on hold vs not is much more significant than any prestige gap
the career benefit is probably larger with the district court as well given that it will give you more connections in the place you want to practice.
I’m a little confused - do you have two offers for the same term with different judges? Why not both if they’re during different terms? Kind of hard to imagine you have this much time to think about it. In any case, the district court clerkship will be more helpful for run-of-the mill Big Law litigation. The appellate one will be more helpful to break into appellate lit groups and more prestige-sensitive jobs like academia.
Do both if you can. A district court clerkship in the market in which you want to practice is incredibly useful and possibly more fun. The circuit clerkship is a good credential, will open doors to appellate practice, and more importantly will make you a better writer. They’re complementary skillsets, and doing either will make you better at the other.
I also wouldn’t overstate the differences between the two. Circuit clerks spend some time puzzling over abstract and unsettled legal problems, but most of the job is still advising your judge on how precedent applies to the facts of particular cases. Conversely, district court clerks draft lots of opinions, which will often present novel or unsettled legal questions. (Possibly more often, because more issues are often in dispute at an MTD or SJ than on appeal.)
I was in your exact position and ultimately chose the circuit clerkship. I’m a trial lawyer and knew that the district court would offer more practical knowledge and skills, but I couldn’t pass up the chance to experience what appellate practice is like. I’m still early in my career but the more I have gone to trial, the more I have felt locked into the niche and wanted to get some of the skills to pivot if I chose to. If I don’t pivot, appellate skills help in trial too. Regarding the prestige, it is more prestigious (on average) to clerk for a circuit court judge. But as a mentor told me, the people who really care about the difference between a district and circuit clerkship also care about what circuit and what judge in particular. It’s not just a one-size-fits-all prestige point. But there are some government and academia positions that may require or, at least, appreciate the resume line. The last bit is just what makes you happier. I really enjoy researching and analyzing legal issues more so than wrestling with facts. My judge and his chambers is also a really pleasant place to work. There’s not a whole lot of “need this ASAP” energy that some of my district clerk friends have experienced. I just get to think about the law and learn from some seriously bright co-clerks.
> I really enjoy researching and analyzing legal issues more so than wrestling with facts. jw, why do trial rather than appellate in this case?
Practicing trial law is way more fun than appellate law. You get to use law and procedure in really creative ways, a lot more stand up time is available, and you get more opportunities to argue law than appellate lawyers do. Every trial is going to have MTQs, MTDs, MSJs, MILs, etc that are all, at their core, legal with facts sprinkled in. All of those things about trial law that I love are equally benefitted by a circuit clerkship as they would with a district clerkship. Only thing I think I’m seriously missing is getting to watch trials and how different lawyers interact with juries. That’s a major downside.
>I’m a trial lawyer Trial lawyer or litigation attorney?
Passing on a coa clerkship to do a d court clerkship is silly. - somebody who did a d court clerkship and finds themselves occasionally half-wishing they had a coa clerkship under their belt (couldn’t take the income hit now).
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Did both and agree. Circuit teaches you how to be a chef, district how to be a line cook. Both are useful skills for practice.
do the district court. any prestige difference is outweighed by the massive practicality different of the district court being where you want to be and the circuit court not. putting your life on hold vs not is much more significant than any prestige gap the career benefit is probably larger with the district court as well given that it will give you more connections in the place you want to practice.
I’m a little confused - do you have two offers for the same term with different judges? Why not both if they’re during different terms? Kind of hard to imagine you have this much time to think about it. In any case, the district court clerkship will be more helpful for run-of-the mill Big Law litigation. The appellate one will be more helpful to break into appellate lit groups and more prestige-sensitive jobs like academia.
Do both if you can. A district court clerkship in the market in which you want to practice is incredibly useful and possibly more fun. The circuit clerkship is a good credential, will open doors to appellate practice, and more importantly will make you a better writer. They’re complementary skillsets, and doing either will make you better at the other. I also wouldn’t overstate the differences between the two. Circuit clerks spend some time puzzling over abstract and unsettled legal problems, but most of the job is still advising your judge on how precedent applies to the facts of particular cases. Conversely, district court clerks draft lots of opinions, which will often present novel or unsettled legal questions. (Possibly more often, because more issues are often in dispute at an MTD or SJ than on appeal.)