October 24, 2013
Business Law Section Diversity Clerkship Program: Exposing Minority Students to Careers in Business Law
By Vanessa R. Tiradentes
To further its mission “[t]o encourage diversity in the Section by fostering a welcoming environment for all lawyers and promoting full and equal participation by all lawyers, including lawyers of color, women lawyers, gay and lesbian lawyers, and lawyers with disabilities,” the ABA Business Law Section created the Diversity Clerkship Program, which gives law students the opportunity to intern with judges in business courts throughout the country, exposing them to business practices and new areas of law (www.americanbar.org/content/aba/groups/business_law/initiatives_awards/diversity.html). Both during and after their participation in the program, students are encouraged to forge relationships with business law practitioners and to consider careers in business law. In 2008, I was among the students chosen to participate in the Diversity Clerkship Program, and as result of that experience, I decided to pursue a career in business law.
“Judicial law clerks become leaders in the profession, become judges and partners in law firms. They are very visible in the justice system and are role models for law students.” James Podger, New Diversity Initiatives, 86-APR A.B.A. J. 97 (2000). According to NALP, each year, about 3,000 law school graduates go on to clerk after graduation. Despite slight increases, minority men and women continue to be underrepresented among those who pursue judicial clerkships.
In 1998, an article in USA Today brought the discussion about minority participation in judicial clerkships to the forefront: of the 394 clerks hired across the collective tenures of the nine Supreme Court Justices up to that point, only seven were African-American, 18 were Asian American, and four were Hispanic. Thereafter, organizations such as the American Bar Association and National Bar Association developed initiatives and taskforces aimed at increasing the number of minorities participating in judicial clerkships: in 2000, the ABA Section of Antitrust Law created an initiative to provide opportunities for minority students to spend eight weeks working for federal judges, and the ABA Commission on Opportunities for Minorities in the Profession created a program for minority law students to network with judges. Likewise, the Task Force to Increase Minority Law Clerk Opportunities in the Judicial System and Judicial Externship Program was created in 2001 by the National Bar Association. Despite such efforts, a 2007 NALP study showed that although the percentage of minority graduates from law schools has increased, minority representation among court clerks had not shown similar growth.
There appear to be several reasons why minorities continue to be underrepresented, including lack of information and misperceptions of the qualifications of and work performed by judicial clerks. Further, the competitiveness of obtaining clerkships deters many students from even applying. Because minority students are more likely to have fewer financial resources and incur substantial debt during college and law school, many feel pressured to forego clerkships in order to pursue higher-paying jobs. Likewise, lack of mentorship may also contribute to the lack of information and desire to participate in clerkships.
Both the bench and the bar benefit from increased minority participation in judicial clerkships. Learning about how the judicial system works and how judges make their decisions is a valuable tool for aspiring litigators. Additionally, young lawyers develop mentorships with the judges for whom they clerk, who can provide recommendations and contacts for future positions. Further, students who participate in clerkships learn about new areas of l
To further its mission “[t]o encourage diversity in the Section by fostering a welcoming environment for all lawyers and promoting full and equal participation by all lawyers, including lawyers of color, women lawyers, gay and lesbian lawyers, and lawyers with disabilities,” the ABA Business Law Section created the Diversity Clerkship Program, which gives law students the opportunity to intern with judges in business courts throughout the country, exposing them to business practices and new areas of law (www.americanbar.org/content/aba/groups/business_law/initiatives_awards/diversity.html). Both during and after their participation in the program, students are encouraged to forge relationships with business law practitioners and to consider careers in business law. In 2008, I was among the students chosen to participate in the Diversity Clerkship Program, and as result of that experience, I decided to pursue a career in business law.
Minority Participation in Judicial Clerkships
“Judicial law clerks become leaders in the profession, become judges and partners in law firms. They are very visible in the justice system and are role models for law students.” James Podger, New Diversity Initiatives, 86-APR A.B.A. J. 97 (2000). According to NALP, each year, about 3,000 law school graduates go on to clerk after graduation. Despite slight increases, minority men and women continue to be underrepresented among those who pursue judicial clerkships.
In 1998, an article in USA Today brought the discussion about minority participation in judicial clerkships to the forefront: of the 394 clerks hired across the collective tenures of the nine Supreme Court Justices up to that point, only seven were African-American, 18 were Asian American, and four were Hispanic. Thereafter, organizations such as the American Bar Association and National Bar Association developed initiatives and taskforces aimed at increasing the number of minorities participating in judicial clerkships: in 2000, the ABA Section of Antitrust Law created an initiative to provide opportunities for minority students to spend eight weeks working for federal judges, and the ABA Commission on Opportunities for Minorities in the Profession created a program for minority law students to network with judges. Likewise, the Task Force to Increase Minority Law Clerk Opportunities in the Judicial System and Judicial Externship Program was created in 2001 by the National Bar Association. Despite such efforts, a 2007 NALP study showed that although the percentage of minority graduates from law schools has increased, minority representation among court clerks had not shown similar growth.
There appear to be several reasons why minorities continue to be underrepresented, including lack of information and misperceptions of the qualifications of and work performed by judicial clerks. Further, the competitiveness of obtaining clerkships deters many students from even applying. Because minority students are more likely to have fewer financial resources and incur substantial debt during college and law school, many feel pressured to forego clerkships in order to pursue higher-paying jobs. Likewise, lack of mentorship may also contribute to the lack of information and desire to participate in clerkships.
Both the bench and the bar benefit from increased minority participation in judicial clerkships. Learning about how the judicial system works and how judges make their decisions is a valuable tool for aspiring litigators. Additionally, young lawyers develop mentorships with the judges for whom they clerk, who can provide recommendations and contacts for future positions. Further, students who participate in clerkships learn about new areas of l