Judicial opinions are the backbone of our common law system of court case precedents. For 1000 years every English and American Judge researched and wrote his own opinions. But today in America, law clerks write them --neophytes just out of law school.

Any present-day understanding of the judicial process must include the influence of law clerks. In the last half century the burden of increased litigation has rendered the law clerk a quasi-institution in the American judicial process. Increased volume of litigation is commonly given as the reason for needing more law clerks. In the federal courts the volume of work exploded with the federal regulatory legislation of the 1930's. It is far less expensive to pay a law clerk's salary then a new judge's salary plus his overhead. Every federal district judge has 2 law clerks, court of appeals judge 3, and Supreme Court Justices 4. State appeals and Supreme Court judges typically have 2 law clerks.

More than 4,000 recent law graduates are employed as judicial law clerks to State and Federal judges. Whether the clerk writes final opinions or merely double-checks citations for his judge, the position is enviable. For it is a chance to see the case-law system in operation as well as being a preferred route to law firm or law teaching positions.

Obtaining a clerkship is personal because the judge, himself, wants to choose his clerk. A short letter requesting the position, accompanied by a resume and sample of legal writing, serves as an application.

Since law clerks generally remain only for one or two years, there is a constant turnover of positions. A presumption exists that any judge will need a clerk for the following year.

Law review experience is not a prerequisite; however, after reading legal opinions for 30 years it is plain that they have adopted law review style of footnoting and writing. So non-law review students are wasting their time looking for judicial clerking jobs.

The most rewarding duty of a law clerk is to give his own opinion on how a case should be decided. Every judge differs in his use of this opinion. Some never ask for it, others disregard it, and some value it. On first thought it seems unlikely that a judge would change his mind because of a law clerk's opinion ; however, a good judge remains open-minded to all rational persuasion even after he has formed an initial opinion, and is likely to be persuaded by the well-reasoned argument of his law clerk.

Some judges believe that one of a law clerk's most important functions is to inform his judge of all arguments contrary to his initial position on a case. This need not be to persuade him to change his mind as much as to better frame the final decision to settle all questions. A law clerk should not be afraid to try to influence his judge. Indeed, one United States senator argued that one of the primary advantages to a judge in having a law clerk is obtaining new insights into legal problems that the clerk gained while preparing for his or her career in law.

The most important duty of law clerks is opinion writing. This ranges from checking citations and clarifying a judge's draft to writing preliminary drafts. Every judge differs on the degree of freedom he gives his clerk in writing opinions. The nature of the case often determines the opinion and the amount of control the judge wants over the opinion. Generally, when a law clerk drafts the major part of an opinion it is after being told the rationale to employ and the points to emphasize.

The educational value of law clerking is dubious; but the job placement benefits make up for it. Both government agencies and law firms find a recent law clerk more desirable than a recent law school graduate. Law teaching positions are in greater supply for former law clerks, and it is no secret that many of the top teaching positions in the country are filled by former United States Supreme Court and Federal Court of Appeals clerks. The fact that our present Chief Justice Roberts was a law clerk for his predecessor, Rehnquist, also places a premium on Judicial Clerking.