Magazine - USC Gould School of Law - University of Southern ...

22
Feature Magazine Fall 2008
How I spent my clerkship
My judicial clerkship provided me with invaluable
experience that set me apart from other junior associates.
A judicial law clerk sees more courtroom action in a year than
most new associates see in five years. I was able to observe arguments
presented by some of the finest attorneys and see examples of the
best presentation styles and most effective arguments. I also observed
presentation styles and arguments that were not so effective. In comparison,
most new associates will observe very few arguments presented
by the attorneys with whom they work. These associates must
learn to identify effective courtroom arguments by trial and error.
While clerking for the Honorable Daniel A. Barker in the Arizona
Court of Appeals, I spent countless hours scouring the record of lower
court proceedings. These hours taught me the critical importance of
establishing a comprehensive lower court record to facilitate effective
appellate review. My co-clerk and I each prepared more than one
hundred draft opinions and various other legal memoranda during
our year of clerking. We worked on a wide variety of cases, including
those involving torts, contracts and criminal law, including a death
penalty case over which Judge Barker presided while sitting, by
designation, on the Arizona Supreme Court.
I am now practicing securities litigation and though my career
may never call on me to use the substantive law I learned while
clerking, the experience broadened my view of the law. Clerking
came with a lot of demands, and for me the learning curve was steep.
However, after a few months of learning the ropes, I felt comfortable
“ A judicial clerkship
is a top-down
educational process
that allows you to
start your career
by working with
talented legal minds.”
Eleanor Mercado ’05
in my role of informing the judge’s decision-making process and challenging
his views. Working under the constant pressure of meeting
weekly deadlines initially felt much like preparing to take a law
school exam every week. In time, the demanding deadlines helped
me learn to quickly identify salient issues and focus my analysis.
The weekly “conferences,” during which the clerks brief the judge
on all new cases, provided me with the opportunity to hone my oral
presentation skills — a skill I use daily when discussing matters
with partners and clients.
A judicial clerkship is a top-down educational process that allows
you to start your career by working with talented legal minds. It provides
you the regular opportunity to review the work of excellent
attorneys and to learn the elements of effective advocacy. My year as
a clerk has advanced my career by preparing me for challenging legal
work and inspiring the confidence of the partners with whom I work.
During my first year with a large law firm, I was entrusted with drafting
and arguing motions on behalf of a large corporate client. I am
certain that these opportunities were offered to me, in large part, due
to the skills I developed during my year as a law clerk.
The lessons I learned while working as an extern in a trial court
and a clerk in an appellate court provided me with a foundation of
knowledge that will last throughout my career. It has taught me the
language and protocols of the courtroom, as well as how to frame a
winning argument. Both my externship and clerkship have made me
a better lawyer.
— Eleanor Mercado ’05