Law Clerk Handbook

A Handbook for Law Clerks to Federal Judges

Second Edition

Edited by

Sylvan A. Sobel

Federal Judicial Center2007

This Federal Judicial Center publication was undertaken in furtherance of the Center’sstatutory mission to develop and conduct education programs for judicial branch em-ployees. The views expressed are those of the authors and not necessarily those of theFederal Judicial Center.

Blank pages included to preserve pagination for double-sided printing.

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Contents

Preface ixChapter 1. Introduction 1§ 1-1. Function and Role of Law Clerks 1§ 1-2. Preparation and Reference Material 1§ 1-3. Orientation and Continuing Education 3Chapter 2. Conduct, Ethics, and Protocol 5§ 2-1. Conduct and Ethics 5§ 2-2. Protocol 6A. Conﬁdentiality and Loyalty 61. Communication with the Media 72. Communication with Attorneys 8B. Respect 9C. Courtroom Demeanor 10D. Dress 10E. The Public 10Chapter 3. Overview of Litigation Conducted in U.S. Courts 11§ 3-1. The Civil Action 11A. Federal Jurisdiction 11B. Litigation Process 11C. Commencement of Action 12D. Service of Summons and Complaint; Waiver of Service 13E. Early Pretrial Conference 14F. Multidistrict Litigation Problems 15G. Motion Practice Before Answer 16H. Opinions on Motions Under Submission 18I. Temporary Restraining Orders 18J. The Answer 19K. Alternative Dispute Resolution 191. Arbitration 202. Mediation 203. Early Neutral Evaluation 204. Nonbinding Summary Jury Trial 215. Minitrial 216. Settlement Weeks 217. Case Evaluation 21