Wednesday, February 2, 2011

3L Stress

Beginning last semester, and increasing this semester, I sense a new kind of stress among some of my fellow students graduating with me in May. The tension is completely related, I believe, to the pressure of finding a job.

Florida State Law has an outstanding career placement record- perhaps better than any of the other ten law schools in this state. We will all land jobs eventually. But the current condition of the economy has hit almost every occupational area hard. The legal field is no exception. Fewer of the big law firms are hiring. It is harder than in years past, I think.

I am feeling the stress a little myself- not so much because I'm worried about finding a job. There is always room for a good lawyer, and I have the tools to become a great trial lawyer. Even if it is September before I get a job, one is coming. The stress, for me, arises from not knowing exactly what the next chapter is, along with hoping I do not rush into a situation where I will be unhappy- while at the same time making sure that I do not pass up a golden opportunity. Also, there is the peer pressure. Many of my friends are in the top 10% of the class. Most of these students do in fact already have jobs lined up. When they ask me where I am going and what I have lined up, I have to say, "I do not know, yet."

Last semester, these same top students were probably feeling a stress similar to what I am feeling now. Last semester, they were applying for judicial clerkships. A judicial clerkship is a prestigious position in which a person works for a specific judge. The judicial clerk reviews pleadings and other documents submitted to the judge for the accuracy of the legal arguments. Clerks also help judges with research and in drafting opinions. In short, clerks work side by side with the judge and do much of the heavy lifting.

For federal judicial clerkships, the top students from the best law schools submit their application materials via OSCAR (The Online System for Clerkship Application and Review). The judges then cherry pick whom they want to interview and hire. One of the best things a new lawyer can have on his or her resume is a federal clerkship. The clerkships typically last one or two years. Large law firms will be more than happy to hire a student fresh out of law school, and then hold the job for that student while he or she works as a judicial clerk for a couple of years.

Last semester, when the window on the OSCAR system opened for applications, I remember a friend posting as her Facebook status, "Let the rejections begin!" Another student commented, "Let the anxiety begin!" Both of these students received well deserved clerkships and will be working for federal judges after graduation. The FSU students who were not selected still have a wealth of options available.

Even if I had the top grades to get a foot in the door with OSCAR, I am not sure that is a job I would enjoy or one in which I would excel. You have to be tremendous at research and legal writing (and legal writing is a completely different animal from writing a blog, believe me). You must have the ability to become competent in different areas of the law in a short amount of time. Much of what we learn in law school is so complicated and related to logical reasoning that I compare it to math proofs or algebraic equations. Working as a judicial clerk, for me, would be like having to sit in a room and quickly solve proofs and equations, one right after the other, all day, every day. Judicial clerks finish their tenure with a wealth of great legal experience, especially in dealing with the arguments on paper.

I would not want to have to go up against a former federal judicial clerk in an appellate brief writing contest.

But standing in front of a six or twelve person jury at a trial- that is a different story. I am more comfortable there, and I have a lot more confidence in my ability to win. Using the law and facts to persuade a jury is much more up my alley than analyzing all sides of the legal arguments for a judge.

Anyway, we will see what happens. I think the immediate future is largely unknown for most students in my class at FSU Law. It is not unnatural for us all to feel some anxiety about that.

Until Next Time,

Nathan Marshburn

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