How to Get the Most Out of Your Law Clerk:
A Law Clerk’s Perspective

By Eric Thiergood

This article is written to answer potential questions by attorneys who do not use law clerks in their practice, and to provide some additional ideas for attorneys who do. In preparing for this article, I drew from my 18-months experience as a law clerk for a criminal defense firm, as well as the experiences of law students from all three of Houston’s law schools clerking at all types of law firms. Many students had positive clerkship experiences and gladly contributed, while others spoke “off the record” and only under the condition of anonymity.
Although many Houston legal practices and federal and state prosecutors use law clerks, there are many firms, mainly small firms and solo practitioners, that do not. Because most criminal defense attorneys are either solo practitioners or in small firms, criminal law attorneys may have questions about hiring a law clerk.

Compensation
The rate of pay for Houston-area law clerks varies depending on the type of practice, the year of law school, job responsibilities, size of firm, and purpose of clerkship. One would expect increases in pay with increases in job responsibilities and the necessary legal knowledge. Some more experienced law students, however, handle more difficult legal duties but are on the lower end of the pay scale because they believe they are gaining invaluable exposure and direct legal experience.

Hours
According to State Bar of Texas standards, a full time law student is not permitted to work more than 20 hours a week while in school. Many law students who work part-time as law clerks during school shift to a full-time schedule with the firm during the winter and summer breaks. Typically, students are able to arrange a 20 hour work schedule around their classes. A concern for many law students is work during finals. Most attorneys tend to be understanding about finals and are liberal with unpaid time off to study.

“Splitting” a Law Clerk
Some solo practitioners and attorneys at smaller firms do not have the finances or the caseloads to justify hiring a full-time law clerk during the summer or even a part-time clerk during the school year. One possibility is “splitting” a law clerk with another attorney or firm, allowing attorneys who would not usually hire a law clerk the opportunity to do so and providing a law student with increased hours and exposure. Open and direct communication between the law clerk and the attorneys is crucial to successfully splitting a law clerk. While some attorneys prefer splitting their law clerk with another attorney in the same area of practice and with whom they have a professional relationship, others find that splitting their clerk with an attorney in a completely different area of law best avoids conflicts. Conflicts of interest and confidentiality issues should be addressed before splitting a law clerk.

Type of work
Students considering clerking and attorneys considering hiring a law clerk often ask, “What type of work does a law clerk do?” The range of law clerks’ job duties can vary from administrative roles to significant law-related duties. While first year law students may not be as knowledgeable about specific areas of the law and legal procedures, most can handle general office management tasks that can consume much of a solo practitioner’s time. Some solo practitioners hire a law clerk in place of a legal secretary. This type of work environment may be attractive to less experienced students who would love to gain legal experience but may be intimidated by analyzing complex legal issues or interviewing clients and witnesses. On the other end of the spectrum are law clerks who analyze difficult legal issues and case law research, assist the attorneys with trial preparations, gather and organize voluminous discovery materials, and provide trial support. These types of job responsibilities are best handled by more experienced students. Third year law students with temporary trial cards are allowed a limited practice of law, as long as they are supervised by a qualified attorney. This could be an attractive option for an attorney who handles relatively simple or straightforward cases and who has the time to supervise a third year student.

Turnover
The tenure of law clerks is necessarily limited to the time they are in law school. While most law students will be available for a limited term, hiring a first year law student would allow the student to remain in that position for up to two and a half years. As the law student becomes more familiar with that particular practice, they can take on additional responsibilities and legal assignments. Most first-year students have a good understanding of legal research and writing. The supervising attorneys can assess the clerks and provide them with challenging, but not overwhelming, legal assignments. This skill is a crucial part of creating an environment that balances the clerk’s needs with the production needs of the practice.

Part of the Team
The most successful law clerk/attorney relationships usually include law clerks who feel like they are “part of the team.” Many law clerks feel like they play an important part in the law firm and that their role is not relegated to that of a temporary employee. Attorneys are able to achieve a mutually beneficial relationship with their law clerks by selecting students whose future plans, experiences, and expectations of the clerkship are consistent with the direction in which the solo practitioner or law firm is moving.
A few discontented law clerks found that what was discussed in the interview or provided as a job description was completely different once the job started. Their biggest complaint was that the attorney presented an inaccurate picture of the stability of the firm, the type of work the student would be expected to do, and the potential to be hired after graduation. This problem is best avoided by an open and honest discussion about the firm’s present situation, the firm’s expectations from the law clerk(s), and a realistic assessment of the firm’s future plans.

Conclusion
Hiring law clerks is not limited to the large firms that use their summer programs as a tool to recruit associate attorneys. Most of Houston’s law students are clerking for medium to small firms or solo practitioners. With appropriate planning, solo practitioners and small firms will find that a law clerk could benefit their practice.

Eric Thiergood is a third-year student at South Texas College of Law. He has clerked with Zimmerman & Lavine and currently clerks for The Strong Firm, PC.

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