Should I apply to 2 year clerkship as a 2nd year associate? I’m putting my apps together for clerkship positions at the moment. I know that, if I land anything, it wouldn’t start until 2022 or 2023. At that point I’ll be a 3rd or 4th year. I really don’t mind a 1 year clerkship because I love litigating, but would a 2 year clerkship be the wrong move here? I may be a 5th or 6th year when I’m done with it. Any thoughts?

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Two years of clerking is too long. One year gets you everything you need from the job

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We actually really like it when our people clerk so we encourage it and do our best to help them land clerkships, which we can sometimes do with literally one phone call. Just remember that if you take the firm up on help on the pretense that you’re coming back, it’s a good idea to honor that handshake. We remember those who don’t …

If you want to clerk - follow your dream and apply. You’ll only have a few opportunities to do it before it’s difficult for lots of reasons. Go for it.

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What's your goal in clerking?

This is a long term bit of advice but it’s worth remembering if you want to be a serious trial lawyer: being an AUSA is a great credential and will make many firms and clients think you’re a great courtroom lawyer, but very few AUSAs have any idea what they are doing in an even moderately complicated civil trial. So if you follow that path stay with the US Attorney’s office for 3 years and then use that credential to get hired by a real trial lawyer who will teach you how to do civil trial work.

I can already hear the wailing from people saying I’m full of it but I’ve worked with, worked against, taught, and consulted with close to 100 current and former AUSAs in my career and I have yet to meet even one who I would hire for a serious trial. I’ve also discussed this issue with a number of serious trial lawyers around the country and have yet to find one who disagrees with me. There are lots of reasons for the paradox that AUSAs can’t try hard cases, which I’d be happy to explain if you want me to, but it’s true and an important data point for anyone who aspires to be a great trial lawyer in demanding cases.

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