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Judicial Clerkships

A law clerk is a member of a judge’s personal staff. Law clerks serve judges at every level of the judiciary. Among other things, law clerks assist judges in managing the docket, drafting orders, opinions, and bench memoranda, as well as preparing for upcoming hearings, oral arguments, and trials. As such, law clerks play a crucial role in our judicial system. Judges typically hire clerks for one or two-year terms, but some have permanent clerks on staff. You may find more detailed information regarding judicial clerkships on Wake Forest’s clerkship website.

All law clerks must be effective legal analysts, writers, editors, researchers, and communicators. They must be able to manage feedback, time, and stress graciously and effectively. They must also exemplify trustworthiness, ethics, integrity, teamwork, reliability, and professionalism.

Clerkships provide useful experience for those interested in dispute resolution, as well as civil litigation, criminal litigation, and appellate advocacy. Many of the faculty listed below have clerked and can provide insight on these positions.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

104: Civil Procedure I 3 credits PRIMARY

A survey of proceedings in a civil action, including jurisdiction of state and federal courts, law for the case, pleading and parties, pre-trial and discovery, trial and appeal.

105: Civil Procedure II 3 credits PRIMARY

A survey of proceedings in a civil action, including jurisdiction of state and federal courts, law for the case, pleading and parties, pre-trial and discovery, trial and appeal.

110: Legal Analysis, Writing and Research I 2 credits PRIMARY

Seminar instruction in the lawyering skills of case analysis, statutory interpretation, persuasive argument, and legal research through the preparation of legal memoranda and briefs.

112: LAWR I (Research) 1 credit PRIMARY

113: LAWR II (Research) 1 credit PRIMARY

119: Legal Analysis, Writing and Research II 2 credits PRIMARY

Seminar instruction in the lawyering skills of case analysis, statutory interpretation, persuasive argument, and legal research through the preparation of legal memoranda and briefs.

219: Appellate Advocacy 2 credits PRIMARY

Experience in the preparation, research, and writing of an appellate brief and in oral argument before an appellate court. Participation in the intramural Stanley Moot Court competition is an option in the Fall. This course satisfies the Legal Analysis, Writing, and Research III Requirement.

427: Legal Writing for Judicial Chambers 2 credits PRIMARY

This course is an intensive writing course that simulates the work of a judicial clerk. Students research, draft, and edit a bench memo, a majority and dissenting opinion in a state appeal, and an order in a federal trial court case. Students also observe an oral argument. Guest speakers (judges and law clerks) address students several times during the semester.

553: Litigation Drafting 2 or 3 credits PRIMARY

Legal drafting in the litigation setting. Students will be required to draft and evaluate typical litigation documents. This course satisfies the Legal Analysis, Writing, and Research III Requirement. Students can take both Litigation Drafting and 570 Pre-trial Practice and Procedure.

606: Advanced Legal Research 1 or 2 credits PRIMARY

The ABA model Rules of Professional Responsibility in the section on Client-Lawyer Relationship, Rule 1.1 Competence, states "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." One of the primary ways to gain the legal knowledge necessary to competently represent your client is through skilled legal research applied to the best of your ability to the legal problem at hand. Advanced Legal Research provides students with the opportunity to expand their skills in using primary and secondary legal sources in the context of legal practice so they can competently represent their clients. The course covers a range of topics, including statutory and case law research, practice materials, specialized topical resources and cost-effective research strategies. Upon completion of this course, students will have gained experience formulating efficient research methodologies and evaluating sources of legal information in various formats.

Secondary Courses

207: Evidence 3 to 4 credits SECONDARY

A study of the rules and standards by which the admission of proof at a trial is regulated. Special reference to the Federal Rules of Evidence.

403: Conflict of Laws 3 credits SECONDARY

A study of the choice of law rules applicable where at least one of the operative issues in a case is connected with some state or country other than the one in which suit is brought at the national level or the international level; jurisdiction of courts over persons, things, and property in the national and transnational context; recognition and enforcement of judgments on the national and international levels; business and estate planning issues in law in different jurisdictions. (although this course is traditionally known as conflict of laws in the United States, it is known as private international law elsewhere)

405: Criminal Procedure: Investigation 3 or 4 credits SECONDARY

A study of the legal and institutional limits on law enforcement conduct in the investigation of crime, with particular focus on the constitutional limits established by the Fourth, Fifth, Sixth, and Fourteenth Amendments. Topics include searches and seizures, police interrogations, and the identificaiton of suspects. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Investigation.

406: Criminal Procedure: Adjudication 2 or 3 credits SECONDARY

A study of the selection, prosecution, and resolution of criminal charges. Topics will be chosen from the following: selection and grouping of charges, availability of defense counsel, pretrial release, discovery, speedy trial preparation, guilty pleas, jury trials, right to confrontation, jury deliberations and verdicts, sentencing, appeal, and collateral challenges to convictions. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Adjudication. Criminal Procedure: Investigation is not a pre-requisite for this course. *This course may be offered for 3 hours during some years.

502: Jurisprudence 2 or 3 credits SECONDARY

This seminar explores the foundational beliefs that define our legal system. We will study how leading thinkers have conceived of the law during the Classical Era, the Middle Ages, the Renaissance, the Industrial Revolution, and Modern Times. This class will challenge you to think about thinking."

514: Federal Courts 3 credits SECONDARY

A study of issues related to jurisdiction of the U.S. trial and appellate courts, including subject matter jurisdiction, venue, judicial jurisdiction, standing, and other issues particularly related to federal courts, such as the abstention doctrine, forum non conveniens, choice of law, and joinder of state and federal law issues in the same case.

570: Pre-Trial Practice & Procedure 3 credits SECONDARY

This course exposes students to the fundamentals of civil pre-trial litigation with an emphasis on equipping participants for the real world practice of law. By working through a hypothetical case, students learn about litigation strategy and case analysis while practicing foundational lawyering skills including drafting pleadings, motions, and discovery; interviewing clients and witnesses in formal and informal settings; conducting oral arguments; and engaging in a mediated settlement conference. The class has a heavy practical focus and includes regular written assignments and in-class exercises.

576: Complex Civil Litigation 2 or 3 credits SECONDARY

This course is about complex civil litigation and covers a variety of civil procedure topics not taught in the first year course (and a few that are) that bear on complex litigation. Topics that are covered include consideration of what makes a civil case complex, advanced joinder devices (intervention, necessary parties, interpleader, consolidation), multidistrict litigation, overlapping state and federal actions, including injunctions against prosecuting duplicative actions, discovery and the conflict between zealous representation and the obligation of cooperation in discovery, confidentiality orders, appellate jurisdiction, attorney’s fees, and mechanisms to structure the trial, such as bifurcation of issues. A substantial portion of the course covers class actions. Offered on a periodic basis.

610: Trial Practice Lecture 0 credit SECONDARY

A series of classes and simulations devoted to the study of trial techniques, followed by a final mock jury trial. Prerequisite: Evidence.

611: Advanced Trial Practice 3 credits SECONDARY

This course covers several subject areas not covered in depth in the basic trial practice course: voir dire, witness preparation, expert witness examination, and case planning. Students will perform exercises in each of these areas. They will try two cases during the semester. The last trial is an advanced civil case that serves as their final exam and requires the use of courtroom technology. Prerequisites: Evidence and Trial Practice.

623: Great Jurists Seminar 0 to 3 credits SECONDARY

Students will write a biography of a justice of the Supreme Court. The first part of the course will examine the nature of history; the second part will consist of studying the justices students have selected. Weekly films will explore the eras of American history the justices represent.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

520: D.C. Summer Externship / Judicial Clerking 3 to 6 credits EXPERIENTIAL

This experiential course is ideal for prospective law clerks or future litigators who wish to learn more about the perspective behind the bench. It explores the purpose and function of a law clerk, the nature and structure of the judiciary, how to apply for and obtain a clerkship, and most importantly, how to perform it well. Topics of discussion include judicial ethics, chambers confidentiality, docket management, courtroom decorum, professionalism, judicial drafting, and other issues that law clerks commonly encounter. Among other things, students draft an 11-Day memo, bench memo, and judicial opinion. The course also includes Lunch & Learn events with federal judges, field trips to the U.S. Supreme Court, FBI, etc., and visits from guest speakers, including a prosecutor, in-house counsel, DOJ attorney, and partners at prominent law firms.

540: Judicial Externship 1 to 3 credits EXPERIENTIAL

A clinical study of law from the viewpoint of the bench offered only during the summer. The student works as a judicial extern for a state or federal judge. Students will observe trials, conferences and hearings and research law and procedure under the judge's direction. A student must have completed their first year of law school in order to participate. Due to scheduling concerns permission must be obtained from the professor before registering for this course.

548: Appellate Advocacy Clinic 3 credits EXPERIENTIAL

In this clinic, which lasts for both semesters of the 3L year, students work in pairs and represent real clients in various appellate courts. The supervising attorney is their professor. In addition to representing clients, students learn about advocacy skills and various aspects of appellate practice, using reading materials, some lecture, and class discussions. They help other pairs through brainstorming and judging practice oral arguments. Students also visit the Supreme Court of the United States to attend oral argument and meet with court personnel. Prerequisite: Appellate Advocacy

622: Innocence and Justice Clinic 4 credits EXPERIENTIAL

In this interdisciplinary course, students will examine the legal, scientific, cultural and psychological causes of wrongful convictions. They will apply this knowledge to actual cases by reviewing and investigating claims of actual innocence by inmates and, where appropriate, pursuing legal avenues for exoneration and release from prison. Students will meet for two class hours per week and for one hour a week with instructor to examine and complete field work assignments.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements. The course fulfills the practical skills requirement.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Alyse Bertenthal

Alyse Bertenthal

Associate Professor of Law

Jonathan Cardi

Jonathan Cardi

Professor of Law

Christine Coughlin

Christine Coughlin

Professor of Law

Brenda Gibson

Brenda Gibson

Associate Professor of Legal Writing

Laura Graham

Laura Graham

Professor of Legal Writing

John H. Knox

John H. Knox

Henry C. Lauerman Professor of International Law

John Korzen

John Korzen

Associate Professor of Legal Writing

Sarah J. Morath

Sarah J. Morath

Professor of Law

Gregory Parks

Gregory Parks

Professor of Law

Abigail Perdue

Abigail Perdue

Professor of Law

Mark Rabil

Mark Rabil

Clinical Professor of Law

Audra Savage

Audra Savage

Assistant Professor of Law

Margaret Taylor

Margaret Taylor

Professor of Law

Steve Virgil

Steve Virgil

Clinical Professor of Law

Related Pathways

Dispute Resolution

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Civil Litigation

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Criminal Litigation

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Appellate Advocacy

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