The Clerkships Whisper Network: What It Is, Why It's Broken, and How To Fix It

36 Pages Posted: 2 Jun 2023

Date Written: May 28, 2023

Abstract

Judicial clerkships are typically described in the rosiest of terms—as fostering lifelong mentor-mentee relationships between judges and clerks and conferring only professional benefits. The downsides of clerking are rarely discussed. The clerkship application process is opaque. Little information exists to help law students identify positive work environments and avoid judges who mistreat their clerks. The secretive, fear-infused method of information-sharing is known as the clerkships “whisper network.” Information about judges who mistreat their clerks is often not shared by those who possess it, including law school professors, deans, clerkship directors, and former clerks, with those who need it—students and recent alumni.

This Piece argues for democratizing information about judges and clerkship experiences in order to correct the lack of transparency in the clerkship application process that causes too many new attorneys each year to enter unsafe work environments. Through a Centralized Clerkships Database, where law clerk alumni from every law school can share their experiences with students considering clerkships, law students will have as much information as possible before making important career decisions. This initiative empowers historically marginalized groups to pursue judicial clerkships, thereby diversifying not just judicial chambers but also the upper echelons of the legal profession. Transparency benefits law students, law clerks, law schools, judges—and in this way, the entire profession.

Suggested Citation

Shatzman, Aliza, The Clerkships Whisper Network: What It Is, Why It's Broken, and How To Fix It (May 28, 2023). Columbia Law Review, Vol. 123, No. 4, 2023, Available at SSRN: https://ssrn.com/abstract=4465167

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