Communicating concisely, compellingly, and cogently constitute critical competencies of law clerks. But despite the centrality of writing to clerking, most judges still subscribe to a hasty, status-oriented, scattershot hiring approach that relies on conventional proxies for capability—great grades, stellar schools, close connections—in lieu of a skills-based evaluation. This is a short-sighted strategy that tends to yield inferior results. When a clerk’s drafting is deficient, the judge must bear the brunt of their selection, devoting disproportionate time to getting the clerk’s work fit to file or even shifting assignments to other clerks. And placing a premium on rankings and relationships perpetuates the same clerk profiles and predispositions in chambers.
Rather than rewarding candidates who have the proper pedigree and know the “right” people, a growing number of judges require candidates to showcase their skills through a writing assessment. These judges recognize that, with their dockets more congested than ever, hiring plug-and-play clerks—and proficient writers—is critical to efficiently managing their ballooning caseloads. Public- and private-sector employers widely endorse this more rigorous vetting process to promote transparency, ensure they’re selecting strong writers, and give otherwise overlooked candidates a chance to show their stuff.
Based on in-depth interviews about the benefits of a writing assessment to audition candidates, this Essay calls for judges to adopt a standardized writing exercise to broaden access to clerkships. A writing assessment better gauges how well candidates can think and write—the core skills of clerking. Assessing writing at the outset can expand the talent pool and reduce bias, elevating first-generation and historically underrepresented candidates who may lack the contacts and clout to mount a successful clerkship campaign. A writing assessment can function as an equalizer.
Author
Director of Legal Research and Writing, Lecturer in Legal Practice, and Senior Research Scholar, Yale Law School. I am grateful to Rochelle McCain for sharing her knowledge of the clerkship landscape and serving as a sounding board. I appreciate Catherine Cazes’s eagle eye; her extensive feedback elevated this Essay. And thanks to the Northwestern University Law Review Online team for their hard work and helpful suggestions. I dedicate this Essay to Jason and Camilla Lichter for their unwavering support and good humor.
Copyright 2025 by Cecilia A. Silver
Cite as: Cecilia A. Silver, Write On: Skills Assessments in Clerkship Hiring, 119 Nw. U. L. Rev. Online 278 (2025), https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1351&context=nulr_online.