Clerking in Paradise

Do you want to clerk in Hawaii?  Why not when you could enjoy this tropical paradise at the footsteps of your office.  Below is a transcribed interview with a judicial clerk who is working for a judge in the First Circuit Court of Hawaii.

Tell me about yourself.

I graduated from Southwestern Law School in May of 2018.  I worked as an attorney at a mid-size law firm in Los Angeles after I took the California Bar in July of 2018.  At that firm, I worked in the transportation, products liability, premises liability, and insurance defense practice groups.  I made a lifestyle decision to move to Oahu, Hawaii in July of 2019.  

Here in Hawaii, I am currently clerking for a judge at the First Circuit Court.  My judge presides over a variety of civil matters, including agency appeals and all asbestos cases.  In September of 2020, I will be joining a top-tier law firm in Oahu where I will be practicing primarily medical malpractice defense.

The legal community works hard here in Hawaii, but we also value work life balance.  In my free time I enjoy going to the beach, swimming, hiking, playing with my dog and spending time with family and friends.

Why did you decide to apply for a clerkship?

I decided to apply for a clerkship because I knew that it may be difficult to go straight into practicing law in a different state, especially because I was a new attorney.  Many aspects of Hawaii's civil procedure and substantive law in Hawaii differs from California's.

Clerking has given me the opportunity to network, learn the law here, and get a feel for the culture among my peers in the legal community.  Clerking has also helped to strengthen my research, writing, and communication skills.

What was the procedure in applying for a clerkship in the First Circuit Court of Hawaii?

State clerkships in Hawaii are not usually advertised on the court’s website or on other job posting platforms.  Many applicants reach out to judges directly by calling chambers, emailing, and/or mailing in hard copies of their application materials.

I was fortunate to have a mentor who works in the legal community who recommended I send my application materials to a certain judge because of our overlapping interests and aspirations.  I mailed hard copies of my application materials to several judges over a year before my requested start date.  I already had plans to vacation in Hawaii a month or so after I sent out my application materials.  I included these travel plans in my cover letter and indicated that I welcomed the opportunity to meet with each judge during my trip.  I interviewed with a handful of judges during my trip and secured a position.

What was the interview process like?

I interviewed with a few judges in their chambers.  Each interview lasted approximately one hour.  The interviews were very casual and conversational.

The interviews mainly involved questions regarding my interests and plans for after my clerkship.  The judges here in Hawaii are passionate about investing in the local legal community.  I was able to find favor with the judges because I desired to practice law in Hawaii and establish roots in the local legal community after my clerkship.

What aspects of your candidacy do you think helped in landing your clerkship?

I developed a strong legal writing and research background during my time in law school.  I participated in Moot Court, Law Review, and the Amicus Project Practicum.  I was able to highlight these skills in my interview.

What does a typical working day look like for you?

I usually start my day by preparing for the morning hearings by setting up the court room and making sure the calendar is circulated in the courthouse.  A typical pre-COVID-19 day involves approximately three to four status conferences and/or hearings.

After those hearings, I process all of the proposed orders, ex parte motions, and stipulations that are filed. “Processing” means that I review each document and determine whether the judge should grant/approve it.  I provide my recommendations to the judge.  After the judge reviews the submissions and makes a final decision, I finalize the documents and file them.  I frequently communicate with attorneys if the judge requires additional information or supplemental filings.

Lastly, I brief the upcoming motions.  The judge and I usually split up the motions on calendar.  I brief the substantive motions, like motions for summary judgment, motions to dismiss, motions for judgment on the pleadings, and agency appeals.  My judge usually handles the more technical or formulaic motions.

When we have settlement conferences I sit in with the judge and the attorneys.  I take notes during the conferences.  Many times the parties do not settle on the day of the settlement conference.  In such instances, settlement discussions will be ongoing.  It is important to take accurate notes so that the judge can refer to these notes and refresh his memory when conducting further settlement discussions.

What are some challenges you face in your job?

Since my judge handles a variety of civil matters, I frequently come across issues and areas of law that I am not familiar with.  I have to do preliminary research to understand some of the filings.  This has been a good experience for me and is helping me become a more seasoned attorney.

My judge also handles all of the agency appeals.  The agency appeals can sometimes be complicated and involve unresolved issues of law.

What are important characteristics to have in order to successfully clerk at a trial court in Hawaii?

An important characteristic to have is patience.  I communicate with attorneys and pro se parties on a daily basis.  Sometimes the pro se parties become frustrated with the court staff because they do not understand the law or how the court system works.  I am unable to provide any legal advice.  Thus, I have to be patient with each person I talk to and sympathize with their frustrations without overstepping.

What is your favorite part of your job?

I enjoy learning about unfamiliar issues and areas of law.  While this is challenging for me, I welcome the opportunity to learn about areas of law that I have never encountered and will likely never encounter again.  I also enjoy getting to see how judges react to styles of writing and oral argument.

How do you think your job will help you in private practice?

Not only will a clerkship help strengthen your lawyering skills (i.e. research, writing, advocacy), a clerkship will give you a behind the scenes look at what happens in the courthouse.  I get to see how filings are processed and what judges look for in motions.

What advice do you have for law students who would like to clerk?

Extern for a judge while you are in law school.  This will help you during interviews for clerkships.  For example, my judge asked me about my experience clerking at Los Angeles Superior Court.  While the tasks assigned to externs are different than the tasks assigned to law clerks, externing will help you hit the ground running as a law clerk.  Externing may also turn into a law clerk position.  Many of my fellow law clerks externed with judges during law school.

What advice do you have for lawyers who would like to clerk?

Do not be afraid to take a step back and clerk to become re-acquainted with your interests.  No one should feel stuck in a particular area of law.  Clerking is a wonderful way to experience a variety of areas of law and get to know the local law firms.  Clerking is like a long interview with law firms.  Just as law firms are interviewing you, you are interviewing them to determine if you would be a good fit.