Introduction to Washington State’s Law Clerk Program
Washington State’s Law Clerk Program permits participants to learn the law and practice while earning a living through on-the-job training. The program offers an alternative to the more standard option of attending law school, which often requires students to forego employment or to incur large amounts of debt over long periods of time. This program helps candidates become eligible to sit for the Washington Bar Examination and to seek admission to the bar.
Washington’s Law Clerk Program came to being in 1989 when certain members of the Washington State Bar Association (WSBA) Board of Governors introduced the program as an alternative way to meet Washington’s exam requirement. The program was in response to court rulings that found state law did not allow practice without admission to the bar .
It is similar to the California Law Office Study Program, but participants also have the option of performing study with the Washington State Bar Association’s Law Clerk Tutor, rather than working for a practicing attorney.
The Washington State Supreme Court has discretion to limit the number of new law clerk positions each year, depending on the availability of supervisory attorneys. Due to the program’s popularity, some abbreviations or variances may be applied to the program. However, most of the requirements and time frames are strictly followed. Direct supervision of the clerks by the supervising attorneys is a primary objective, so the WSBA is highly selective about who particpates.
In order to manage the Law Clerk Program, the Washington State Supreme Court has established the Washington State Bar Association (WSBA) Law Clerk Program Committee. It consists of active members of the WSBA, which oversees the training and examination of law clerks in the state.
Eligibility and Basic Requirements
To be eligible for the Law Clerk Program, applicants must meet general requirements and have graduated from law school by the time they enter the program. Candidates are not eligible if they have failed any portion of the Washington State Bar examination more than once. They must also meet the Scholastic and Citizenship Requirements of the Admissions and Practice Rules. Law Clerks cannot engage in the private practice of law or serve as court-appointed counsel while enrolled in the program. Working with a lawyer-mentor is central to the program, and can involve tasks such as legal research and writing, attending court, and writing motions and briefs. The mentor may assign extra reading, offer feedback, or suggest additional research, and should ensure that daily work is varied and challenging. Candidates for the program must apply by June 15 preceding their start date and provide names and contact information for three references. They must demonstrate professional motivation and commitment to ethics, writing, and legal analysis. Program graduates receive favorable consideration in any bar admission application, but are subject to fitness requirements and review by the Washington State Character and Fitness Board of Governors.
The Process of Application
To apply for the Washington State Law Clerk Program, applicants must submit a completed application packet to the applicable court by January 31 each year. The completed packet includes:
Between January 15 and February 5, judges review all applications. The clerkship committee may request single or multiple interviews. Interviews usually take place in early February. Members of the committee ask questions and then interview applicants twice or more with the judges from the court. Some judges may also observe the applicant in formal writing samples or whenever the applicant may argue a case. The law clerk committee must approve both the applicant and the court’s selection. Then, it will based on personality and work styles, so that applicants are placed with judges who can form a mentor versus mentee relationship.
The chosen law clerks must sign a contract. They also undergo a background check with fingerprints and questions concerning recent drug and alcohol use.
Structure, Curriculum and Method
The Law Clerk Program is a four year program of study and training designed to meet the standards established by Washington State’s Supreme Court. During all four years, clerks will complete up to 80 hours of continuing legal education (CLE) credits during their clerkships while gaining practical experience at their training firm. These CLE courses have included classes on engagement letters, discovery, how to handle daily calendar tasks, and discovery conferences and motions among others.
Year one of the program is seen as your opportunity to explore the profession of law. You will spend six months at each of two different firm settings involving areas of law in the private sector. The goal here is to expose you to the private sector profession so you can make a decision about which path to choose as you continue your clerkship. You will participate in three training weeks at the beginning of year one (November, January, April) where you will receive training and have the opportunity to observe your trainers in action with clients. These trainers will be experienced attorneys who will serve as your mentors.
During year two, you will return to work at the firm where you would like to finish your clerkship. During this two year period, you will focus on civil procedure and criminal procedure classes. You will continue to learn from your trainers and engage in supervised legal tasks and other activities including motion practice, trial preparation, interviewing and clients for the purposes of preparing a declaration, pleadings and working on a trial binder.
Year three of the program has you focusing on evidence and wills and probate classes. As a clerk, you may be able to travel with your firm. Examples of law clerk travel include attending depositions, mediations, trials, court hearings, and client meetings. At this point in your clerkship you will participate in several training weeks where you will receive additional training in new areas.
The final year of the program includes instruction on professional responsibility and ethics (including attorney misconduct), corporation, agency and partnership law, and family law. As a final step before application for admission to the bar, opportunity for training in new areas continues to be available. Before graduation, you will be expected to submit a Portfolio demonstrating the skills you acquired during your clerkship. The portfolio will not be reviewed by the certification board until your school is completed.
Benefits and Future Prospects
Completing the WA Law Clerk Program unlocks career opportunities for you as a lawyer. Graduates are well positioned to take advantage of the many opportunities made available to them by their experience. Law Clerk grads possess unique perspectives and skills that enhance and ensure the Rule of Law. Many who complete the program pursue high profile careers as judges , work as staff lawyers for the Washington State Bar Association or work for legislators, practicing both within and/or outside of Washington State. Others enjoy the rewarding experience of helping others in private practice, in large law firms, non-profits and government legal departments. Whatever the path, it is always rewarding to be a part of upholding the Rule of Law.
Testimonials and Success Stories
The Law Clerk Program has a stellar reputation not only in Washington state but well beyond. It is particularly well known among members of the bench and bar, who understand the quality of training their clerks receive. Below are some testimonials from judges and past participants that illustrate the positive impact of the Washington State Law Clerk Program on both a prospective lawyer’s career and the legal community as a whole.
"I had the pleasure of serving as a judge for the Washington State Bar Association in the Lawyer-2-Lawyer Mentoring program (‘mentoring program’) for several years. I was able to get to know many of the law clerks. These law clerks all unanimously echoed the sentiment that their clerkship experience made them marketable to any attorney or firm in Washington. Certainly they get work right out of their clerkships with the most prestigious law firms in Seattle and across the state. The Law Clerk Program provides these individuals with great training, and the state should be commended for supporting this program."
The Honorable Steve Gonzalez, Judge, Washington State Court of Appeals, Division I
"As a former law clerk in the AG’s Office and Judge for 12 years, I have had the pleasure of working with many law clerks and former EPSCA interns. I have found them all to be hard-working and bright lawyers who contributed much to my chambers and to the law-making function of the Judiciary. Whenever I see ‘Law Clerk’ listed on a brief, I know that I will be reading the product of someone who has received great training. I highly encourage any young lawyer to take a good look at the Law Clerk Program. I can guarantee that it will be an experience that they will never forget and will contribute greatly to the quality of the practice of law across our state."
The Honorable William H. Wollenberg, Washington State Superior Court (retired), currently on Judicial Service Corps
"I worked closely with law students who had clerked for superior court judges. They were well-prepared, excellent researchers and good writers. By comparison with most recent graduates they were far ahead in achieving the basic competencies needed for law practice. Some of these students went to large Seattle firms upon graduation, confident in their abilities, which they then excelled and proved to have in fact. I would not hesitate to recommend students who clerked for Rock the best judges in the State to any employer as being demonstrably better prepared for practice."
The Honorable William "Bill" McCool, Washington State Superior Court (retired), The Honorable Richard B. Sanders, Washington State Supreme Court (retired), The Honorable Jerry Dexter, Washington State Supreme Court (retired)
"Having come from an internship with the Washington Court of Appeals, I can say that the Law Clerk Program is a wonderful jump start into your legal career. I think this program gives you extraordinary experience and great background. If you ever get an opportunity to join the program I highly encourage you to do so."
Christopher J. Felkins, 2011 Law Clerk Program Graduate, Program Manager, Washington Attorney General’s Office
"I worked with and know numerous law students who have clerked for superior court judges. I can say with complete confidence that these young lawyers were the very best of their class in terms of preparation and skill at the beginning of their career. Their key advantage was the extensive practical training provided to them by the superior court through the law clerk program prior to entering the practice of law. I should add that I observe many law students who have participated in the Law Clerk Program demonstrate the skills they learned in the program. When they appear before me in court, and I see LAW CLERK prominently labeled on their brief, I know they are well trained and equipped for the legal profession."
The Honorable Ed C. Naches, Washington State Superior Court
Law Clerk Versus Law School: A Comparison
Although the Law Clerk Program is a non-traditional approach, its benefits are substantial as compared to traditional law school. A law clerk earns while he or she learns, but a law school student immediately starts to accumulate debt with no guarantee of finding a job once he or she has graduated and passed the Washington State Bar Exam.
The following table offers a quick comparison of the differences between the Law Clerk Program and traditional law school education: Not only is a law clerk able to work with a practicing attorney, a law clerk is also an established employee of the lawyer’s firm. Law clerks are also subject to the Washington State Bar Association’s Rules for Law Clerks, and the attorney who supervises the clerk is ethically obligated to treat that clerk as a qualified employee. Traditional law school students may take law-related jobs, but they are not practicing law in formal legal settings as it relates to their education and training while law clerks are receiving hands-on experience in the real world while learning the same material through the law school curriculum.
Law Clerk Frequently Asked Questions
Frequently Asked Questions
I’ve heard the terminology "law clerk" used to describe an attorney, is there a difference?
A law clerk typically will refer to a law clerk or intern who has completed their first year of law school before going on to a formal law clerk program. Law Clerk refers to the clerkship established by the Washington Supreme Court that offers attorneys a chance to gain experience and consider bench and bar related positions.
I’m not in Seattle, how would I complete the Washington State Law Clerk program?
Many large firms in the state have partnerships with other firms which allow law clerks to work in multiple jurisdictions across the state. Think of those "satellite" offices large firms have set up in places like Tacoma, Bellevue, Spokane , and Vancouver. Often times your local clerkship will send you to those offices to fill that labor need.
What happens if I don’t complete my clerkship requirements in time to apply to take the bar exam?
Washington State is especially friendly to second chances in this regard. If you find yourself in this circumstance enter into both a legal experience and a law clerkship in your third year of law school. The law clerkship will guarantee your eligibility to become a lawyer in that state. The legal experience can lead to admission to a bar in another state where you are also eligible. Many top firms have clients and offices in other states. Washington knows that and gives you the option to become one of those lawyers.
Why the obsession with 4100 required hours of law clerk experience?
We’ve had numerous posts about competency based training and education. Law school teaches substantive law. Not procedure. You must know procedure to be considered competent, thus the Law Clerk program. The hours give you experience on the job in a supervised setting and cover federal and local court rules, court procedures and just make you better able to help your clients when you graduate. This is not a "make work" situation, it benefits both you and your potential future employer.
