IN CHAMBERS: EFFECTIVE WRITING TIPS FOR
THE JUDICIAL INTERNS AND LAW CLERKS© 2017 The Writing Center at GULC. All Rights Reserved. 1

Working for and with a judge can be an exciting but intimidating challenge. In
many respects, law school is great preparation, and many of the skills you have learned
will be invaluable. However, many challenges you will face in chambers can seem quite
foreign at first, and there is surprisingly little guidance out there on how to address them.
This handout is intended to fill some of those gaps.
A lot of the guidance contained in this handout will, like so many things in law,vary depending on facts and circumstances. For example, this handout is intended to be
useful both for full-time clerks as well as summer interns and school-term externs. Of
course, the roles of each of these positions differs in some respect, so keep that in mind as
you read. In addition, as is elaborated further later on, every judge is different. No matter
what, respect his or her wishes at all times and never take anything contained herein or
elsewhere as advice to the contrary.
This handout assumes you have received an assignment from your supervisor inchambers and that you are having a hard time with next steps. The goal is not so much totell you how to write it (there is simply too much variation out there for that), but,instead, to provide some guidance as to what types of questions you can ask and what
next steps might look like. If what is contained here is not enough, a comprehensive listof further suggested reading can be found at the end.
The following are central issues to keep in mind when working through anassignment in chambers:
1.
2.
3.
4.
5.
6.

Audience.
Timing and process.
Type and scope of assignment.
Pre-work/Prewriting.
Writing basics.
Proofreading.

1 By Charlie Dobb (2017), based on an original handout prepared by Scott Meisler and Brian Wahlquist (2005).

11. Audience.
The question of audience is a challenging but critical one in chambers. An
obvious member of your audience, but one that bears identifying, is your judge. Keep inmind that ultimately your goal in chambers is to assist him or her in the administration ofjustice, something he or she has likely done for some time before you have arrived andwill continue to do for some time after you depart. As one leading guide to working witha judge suggests: “Whatever the judge’s personal style, most prefer that their law clerks
not attempt to impose each clerk’s own style on opinions and court documents.” 2 So,
while most judges will appreciate you engaging with them intellectually and challenging
their logic in chambers (and, indeed, many judges cite this as a top benefit of having
young legal minds in chambers at all) ultimately what he or she says goes.
In light of all of that, do your best to familiarize yourself with your judge’s tone,style, pet peeves, etc. Do the judge’s opinions tend to follow a certain structure? Does heor she use a (relatively) casual tone, or something more formal? Some judges will
provide incoming interns and law clerks with a style guide similar to the ones used bylaw journals. If yours does, adhere to it. If that is not available, ask the judge or anothersupervisor for samples of writing that the judge considers superlative and be sure to reada wide sample of the judge’s prior work.
While a judge will almost always be a member of your audience, he or she will
rarely be the only member. Who else is in the audience will depend on the type of
document you are working on. Document types are discussed in more detail in afollowing section. Some documents, such as bench or single-issue memoranda, will staywithin chambers. Other documents, such as opinions and orders, will be published andwidely disseminated. For those documents, the audience will include the parties to thecase as well as other judges, lawyers, academics, and the general public. 3
2. Timing and process.
By now you are used to a natural but nonetheless frustrating tension in legal
writing: good legal writing is largely about (an often long) process but is frequently
needed quickly. Unfortunately, this tension is often exacerbated in chambers. Timing
may be unusually rushed and deadlines will be critically important. Judges decide realcases involving real parties in real time. Dates for trials, motions hearings, and oral
arguments are often established weeks or months in advance and involve busy people andhigh stakes.
Despite those timing pressures, you will rarely do work as process driven as thework you will do in chambers. For example, a judge may have a clerk start an opinion by
preparing an outline, then the judge will review and comment on it, then the clerk will
prepare a draft, then the judge will comment on that, then maybe a co-clerk will review,
2FED. JUDICIAL CTR., LAW CLERK HANDBOOK: A HANDBOOK FOR LAW CLERKS TO FEDERAL JUDGES 88 (Sylvan A. Sobel ed., 2d ed.
2007) [hereinafter FJC HANDBOOK].
3
See FED. JUDICIAL CTR., JUDICIAL WRITING MANUAL: A POCKET GUIDE FOR JUDGES (2d ed. 2013),
http://www2.fjc.gov/sites/default/files/2014/Judicial-Writing-Manual-2D-FJC-2013.pdf [hereinafter FJC MANUAL].

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and then the judge will review again, etc. Judge Kozinski on the Ninth Circuit is rumoredto require upwards of 50 drafts of an opinion before it is published! 4 That process may beeven further extended if, for example, other judges who may be signing on to the opinion
need to review it.
In sum, in chambers, deadlines are important and process may be prolonged.
Therefore, be sure you understand at the outset what the process will be and what
deadlines are expected of you. Set intermittent deadlines to keep you focused. If you
anticipate being unable to meet the deadline for the assignment, notify the judge or
supervisor at the earliest possible moment. Even if you think you will get the document inon time but are not certain, be upfront and honest; the judge might tell you that he or she
was not planning to look at the memo that day or might ask another clerk or intern toassist you.
3. Type and scope of assignment.
While instinctively we may associate writing in chambers with opinions, there are
actually many types of documents chambers may produce. No matter the assignment, it
will be important to identify its goal and purpose early and structure the document
accordingly. While there is no finite list of the types of documents courts may produce,
there are certain common ones that are worth familiarizing yourself with.
A. The Bench Memorandum 5
A bench memo is a document that a law clerk (or intern) prepares for the judge tohelp prepare him or her for oral arguments. The memo will normally contain presentation
and analysis of the parties’ arguments, the basis for jurisdiction in that court, the relevantcase law, and, when requested, the clerk’s recommendation on how the judge should
resolve the case. 6 Some judges will also ask their clerk to provide questions that the judge
might ask during oral arguments/hearings. While it is expected that you will start yourwork from the parties’ briefs, that should not be where your research ends. Spend time
verifying the validity of the parties’ positions, and also searching for authority they didnot cite.
Bench memos are frequently used by appellate judges. However, trial judges may
also request them in advance of a motions hearing. For example, a trial judge preparing tohear a defendant’s motion to suppress evidence may ask for a bench memo on therelevant Fourth Amendment or state constitutional jurisprudence.

4Carl Tobias, A New No. 1 at the 9th Circuit, L.A. TIMES (Nov. 30, 2007), http://articles.latimes.com/2007/nov/30/opinion/oetobias30 [https://perma.cc/3EKN-LYEU].
5This document provides only a cursory introduction to bench memoranda. For a more detailed discussion, see JESSICA KLARFELD,THE BENCH MEMORANDUM (2011) https://www.law.georgetown.edu/wp-content/uploads/2018/07/The-Bench-Memorandum-JessicaKlarfeld-2011.pdf (available on the Georgetown University Law Center Writing Center webpage).
6See, e.g., MARY L. DUNNEWOLD, BETH A. HONETSCHLAGER & BRENDA L. TOFTE, JUDICIAL CLERKSHIPS: A PRACTICAL GUIDE 13436 (2010).

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B. Trial Court Documents 7
Law school education often focuses on appellate cases. Unless you have taken acourse in trial practice or certain clinics, your first day at a trial-level clerkship may be
your first substantial exposure to trial documents. Below is a non-exhaustive list ofdocuments that clerks and interns often work on in chambers.
•Orders announce the decision of the court on motions. The term “order” is usedbroadly and can refer to everything from a two-dozen-page order resolving a
motion for summary judgment (sometimes also called an “order andmemorandum of law”), to a half-page “minute order” (a written order thatmemorializes a ruling made by the judge orally), to a “letter order” (an informal
order sent to the parties in the form of a letter, often used for procedural details
such as setting a schedule).

•In cases where the judge is serving as the finder of fact, rather than a jury (a“bench trial”), the judge will issue findings of fact and conclusions of law toannounce his or her resolution of the matter. As the name suggests, this document
will contain facts the court has been persuaded of (often with citations to therelevant portions of the record) as well as legal conclusions regarding those facts.

•A judge will give jury instructions 8 to a jury usually before and after a trial. The
instructions are often a combination of proposed instructions from the two sides,
form instructions a judge and his or her chambers may use in every case, and“pattern instructions” which are “best practice” type documents issued byprofessional associations, academics, and similar entities. Because the same orsimilar issues will appear before a judge repeatedly, it is important to see whattypes of instructions your judge has given in similar cases and start from those.

C. Appellate Opinions
Along with bench memos, drafting appellate opinions makes up the bulk of many
appellate clerks’ experience in chambers. In terms of process, a clerk’s role will vary
between chambers. In some, clerks do research and prepare an outline, while the judge
actually drafts. In others, clerks prepare an entire first draft in consultation with the judge,
who reviews and significantly edits the final product.
In terms of substance, the term “opinion” (like “order,” discussed above) is usedbroadly. The Federal Judicial Center discusses the term as a spectrum. At one end arewhat it terms “full dress” opinions (which include a discussion of the facts, legal
principles, and governing authorities), at the other end are “summary orders” which justgive the disposition (and perhaps the briefest discussion of the issues) and somewhere in
the middle are “memorandum opinions,” which address issues that are complex enoughto warrant some explanation (these may appear as “per curiam” opinions). 9 Full dress
opinions, at least, will typically include five elements: (1) a brief introduction; (2) the7This discussion of trial court documents is based largely on the work of Professor Dunnewold and her colleagues. Id. at 147-214.
In addition to the work by Professor Dunnewold and her colleagues, detailed guidance on drafting jury instructions can be found inJENNIFER L. SHEPPARD, IN CHAMBERS: A GUIDE FOR JUDICIAL CLERKS AND EXTERNS 157-193 (2012).
9See FJC MANUAL, supra note 3, at 3.
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issue(s) before the court; (3) material facts; (4) legal analysis and resolution of open legal
questions; and (5) disposition and instructions to the court below. 10
4. Pre-work/Prewriting.
This may go without saying, but being accurate on the law and facts is rarely
more crucial than when you are working in chambers. The judge you are working for will
be relying on you to know the nuances of the law and the relevant factual record. Keep inmind that you will have less on your plate than he or she does (usually a fraction of thedocket), and therefore will be expected to take a deeper dive than he or she may be ableto.
In practice, this means that pre-work/prewriting will be key. As the next section
suggests with regard to writing mechanics, go back to basics for pre-work/prewriting as
well. When conducting research, keep notes of what you have covered and where you
would like to go next. Start from secondary sources to ensure you do not miss anything
and then narrow your focus from there; check every source you are using to ensure it isstill good law, etc. Even in chambers, the Georgetown Law Library’s research guides andprocess overviews remain available to you.
Once the research is done, prewriting documents may take on new value inchambers. For example, as already discussed, a judge may want to review a detailed
outline of an opinion before allowing you to move forward with a draft. Even if the judge
does not, consider preparing one anyway to verify the completeness of your research andthe soundness of your logic.
5. Writing basics.
Do not forget everything you have already learned in writing courses. Althoughthose courses may have focused on writing for legal practice or academia, what youlearned is equally applicable to writing in chambers. It is tempting to forget the basics
when thrown into more complex documents like those you might see in chambers, but
resist that urge!
While some documents you encounter may be entirely foreign (jury instructions,for example), many will be familiar. Almost all legal writing relies on a few key
fundamentals, and most chambers documents are not exceptions. They are going to relyon the same legal writing principles that you have familiarized yourself with in law
school: large- and small-scale organization, topic sentences, roadmaps, case comparisons,and rule synthesis. If these concepts sound foreign to you, it might be a good time toconsult some of the Writing Center’s useful handouts on these and other fundamental
topics.

10Id.

56. Proofreading.
It may seem obvious, but leave plenty of time to proofread and then do it,
carefully. Think of the term “proofreading” broadly. It certainly means what you would
typically think of: spelling, punctuation, grammar, bluebook citation, etc. However, italso means checking that cited sources are accurately represented, that all issues from therecord (for example, parties’ names and case numbers) are accurate, and even that thelogic is sound. 11 Until a document is distributed, it is never too late in the process tomake both technical and substantive improvement.
Further Reading
CALVERT G. CHIPCHASE, FEDERAL DISTRICT COURT LAW CLERK HANDBOOK (2007).
REBECCA A. COCHRAN, JUDICIAL EXTERNSHIP: THE CLINIC INSIDE THE COURTHOUSE (2ded. 1999).
MARY L. DUNNEWOLD, BETH A. HONETSCHLAGER & BRENDA L. TOFTE, JUDICIAL
CLERKSHIPS: A PRACTICAL GUIDE (2010).
FED. JUDICIAL CTR., LAW CLERK HANDBOOK: A HANDBOOK FOR LAW CLERKS TO
FEDERAL JUDGES 88 (Sylvan A. Sobel ed., 2d ed. 2007).
JOSEPH L. LEMON, JR., FEDERAL APPELLATE COURT LAW CLERK HANDBOOK (2007).
ALIZA MILNER, JUDICIAL CLERKSHIPS: LEGAL METHODS IN MOTION (2011).
JENNIFER L. SHEPPARD, IN CHAMBERS: A GUIDE FOR JUDICIAL CLERKS AND EXTERNS(2012).
FED. JUDICIAL CTR., JUDICIAL WRITING MANUAL: A POCKET GUIDE FOR JUDGES (2d ed.
2013), http://www2.fjc.gov/sites/default/files/2014/Judicial-Writing-Manual-2D-FJC2013.pdf [https://perma.cc/P4W9-M9BY].
Gerald Lebovitz & Lucero Ramirez Hidalgo, Advice to Law Clerks: How to Draft YourFirst Judicial Opinion, 36 WESTCHESTER B.J. 29 (2009).
Jennifer Sheppard, The “Write” Way: A Judicial Clerk’s Guide to Writing for the Court,
38 U. BALT. L. REV. 73 (2008).

11See, e.g., DUNNEWOLD, HONETSCHLAGER & TOFTE, supra note 6, at 269-272; FJC HANDBOOK, supra note 2, at 101-02.

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