Chambers Handbook for Judges - Federal Judicial Center

tions create the atmosphere of partiality and potential unfairness and
are of questionable value because the opposition may have a valid contrary
argument that goes unheard.
Some judges forbid their law clerks to have any communication with
lawyers. The law clerk for a judge who has this rule must respect it
scrupulously. Other judges expect their law clerks to communicate or
deal with lawyers in respect to some matters, such as scheduling. These
judges want their law clerks to be helpful and cooperative, but nevertheless
to avoid doing anything that will compromise the judge or the
court staff. The law clerks for judges who have this policy should abide
by the following precepts:
• The law clerk should not give any advice on matters of substantive
law.
• If the lawyer asks about either local procedure or general federal
procedure for handling a matter, the law clerk may read to the
lawyer, or refer the lawyer to, the appropriate federal rule or local
court rule. If the question relates to the judge’s personal practice
with respect to handling matters (e.g., requests for temporary
restraining orders), the law clerk may tell the lawyer what the
law clerk knows. The law clerk should not guess at what the judge
does or may do. If not certain about the judge’s policy, the law
clerk should say something like, “I don’t know what the judge
would like a lawyer to do in these circumstances, but I’ll be glad
to consult the judge about the problem and call you back.”
• The law clerk should not allow a lawyer to coax him or her into
doing research, even the most minor.
• The law clerk should not hesitate to issue a disclaimer on any
information he or she may give. Almost all attorneys understand
such a position. (“I can’t give you any legal advice, as you understand.
However, you may find it helpful to look at local rule 3.09.”)
• When in doubt, the law clerk should politely decline to give information.
(“I’m really sorry I can’t help you, but Judge X has
instructed me not to answer that kind of question.”)
20 Chambers Handbook for Judges’ Law Clerks and Secretaries