Author
After two and a half years of practicing as a litigator, I made the decision to pursue a federal district court clerkship and it turned out to be one of the best choices I could have made for my career. As a litigator, I often found myself feeling a bit overwhelmed, especially when it came to understanding what happened after discovery wrapped up. I hadn’t yet had the chance to see the full lifecycle of a case. But my year at the district court gave me an invaluable, behind-the-scenes look at every stage of litigation, from the initial filings all the way through to trial. This experience not only deepened my understanding but also made me a more strategic and thoughtful litigator. And the clerkship helped refine my research and writing skills.
As a law school graduate with a disability, I found that there was little support to help me determine whether a clerkship was the right path for me or to navigate the application process. When I encountered bias and discrimination during earlier attempts at applying, I turned to my mentors for advice. While they were empathetic, I often found their support lacking practical solutions to help me overcome challenges and find a way forward. They were also unwilling to assist me in advocating for change, due to institutional and professional fears.
In this blog, I hope to give general guidance for disabled lawyers who are thinking about applying for a federal clerkship. These insights are designed to help you make a more informed decision about pursuing this path and to increase your chances of success in the application process.
- Timing: As a practicing attorney, you have multiple opportunities to apply for clerkships, but timing is crucial. Staying informed about the law student hiring schedule is essential, as many judges post openings based on it. For example, the Class of 2027 will gain access to OSCAR in January 2026 and will be able to start interviewing for clerkships beginning in Fall 2027 in June 2026. While many judges will post opportunities during this window, clerkship openings can arise at any time whether due to a new judicial appointment, a judge’s preference for off-cycle hiring, or an unexpected clerk departure. For some individuals with disabilities, applying off-cycle may increase their chances of success. Due to ableism, lack of support, or symptom flares, our applications might not automatically rise to the top of the pile because they may not contain ‘traditional markers of success’ in legal academia, such as Law Review or Order of the Coif. However, judges may receive less applications off-cycle and may be able to give more time to review each individual application.
- Location: Be open-minded about location when applying for clerkships, but also prioritize your personal needs and preferences. When I moved from New York City to Seattle for my clerkship, I had to say goodbye to the medical providers who had supported me during law school and my early legal career, and establish new relationships with providers in Seattle. I also considered factors like access to public transportation and whether I was comfortable with driving as my primary mode of transpiration. While clerking in the jurisdiction where you plan to practice can be beneficial, there is significant value in clerking in any federal court, and it can offer the chance to explore a new city, something I did and ultimately decided to make my home. When deciding on location, weigh not only professional benefits but also your personal and healthcare needs, as relocating can have a big impact on your daily life.
- Length: Clerkships typically last one year, but some judges may prefer their clerks to stay for 18 months or even two years. For individuals with disabilities, the initial adjustment period may take longer as the accommodation process is not always smooth. Generally, it takes clerks about six months to fully settle into their duties. But additional time can be valuable to give yourself an opportunity to thrive in your position and to really think about what you want to do next.
- Accommodations/Disclosure: Clerkships differ from many other legal jobs in that you will likely be working on a small team, including your judge, other law clerks, and perhaps a judicial assistant. Although the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 do not apply to federal courts, the Judicial Conference of the United States has adopted a policy establishing wrongful workplace conduct, which includes disability discrimination and any act that would be the definition of discrimination under the Americans with Disabilities Act (ADA). To better understand your rights and accommodations in the federal judiciary, I encourage you to review our publication, “Clerkships and Internships within the Judiciary: Know Your Rights.” In my experience, many judges are open to hiring law clerks with disabilities, but may lack awareness of the best practices for providing appropriate accommodations. Given the intimate nature of clerkships, I generally recommend disclosing any accommodation needs prior to accepting the position. That said, the decision of when to disclose is ultimately a personal one.
- Finding the Right Judge: It is important to do your research and understand who a potential judge is, as a person, a boss, and in terms of their judicial philosophy. Unfortunately, there are not a lot of resources out there to learn about judges. In my experience, some of the most valuable perspectives are the judge’s former clerks, former clerks from the courthouse, and individuals who worked with the judge before they took the bench. As a disabled lawyer, I prioritize working for thoughtful employers who foster a welcoming, safe, and respectful environment. Disability is just one aspect of my identity, and it intersects with a range of other personal experiences and challenges. It is essential to find a supervisor, including a judge, who will allow you to bring your whole self to work, creating space for both your professional contributions and your unique needs.
- Disability Representation in the Judiciary: There are not many judges who openly identify as disabled in the federal judiciary, but they do exist! NDLPA has identified the following judges: Judge Badalamenti in the Middle District of Florida, Judge Whitehead in the Western District of Washington, Judge Lin in the Northern District of California, and Judge Gould on the Ninth Circuit.
- Writing Samples: When selecting a writing sample, choose the strongest example of your independent legal analysis. Collaborative work can be difficult for a judge to evaluate, as it may not be clear which portions of the work were your own. Therefore, it’s important to provide a sample that reflects your individual contributions and showcases your ability to think critically and write clearly.
- References: When selecting references, prioritize individuals who can speak to your ability to handle complex legal work. While some judges may still request professor references or letters of recommendation, even if you’re years out of law school, it’s important to also include colleagues, supervisors, or mentors who can speak to your experience managing caseloads and navigating complex legal issues. Personally, I also find it beneficial to include a reference who can frame my disability as a strength. This helps potential employers, including judges, better understand my tunique perspectives and skills that I bring as a disabled individual. I find this particularly helpful if I am unsure if the employer has any experience with disability or disabled employees.
- Cover Letter: The cover letter is your chance to explain why you’re pursuing a clerkship at this point in your career. What are your professional goals, and how does this position align with them? Why are you specifically drawn to this judge, district, or circuit? If you have any geographic ties to the area, be sure to mention them. While it’s important to keep your cover letter concise, it should also address any potential questions the judge may have about your application. Personally, I also use my cover letter as an opportunity to disclose my disability. I want to be transparent about this aspect of my identity because it shapes my perspective and approach to legal work in meaningful ways. By sharing this, I hope to create an open dialogue and emphasize how my experiences as a disabled individual enhance my ability to contribute to the role.
- Deciding You Want to Clerk: This is a very personal decision, and there is no right answer. You must assess your career goals, current career trajectory, and personal circumstances. Are you already in a job that aligns with your long-term goals? Do you feel a need for a change? Do you want an opportunity to elevate your research and writing skills? Are you financially prepared to accept a clerkship salary?
Take the time to reflect on whether pursuing a federal clerkship at this point in your career is the right choice for you. For me, my federal district court clerkship was an incredibly rewarding and transformative experience. It gave me invaluable insight into the full lifecycle of legal cases, strengthened my research and writing skills, and provided immense professional growth. While a clerkship may not be the right fit for everyone, I wouldn’t trade the experience for anything. It’s a unique opportunity that, for me, was truly worth the personal and professional investment. If you want to talk more about this decision, feel free to reach out to me at jberger@ndlpa.org.