An unusually high number of concerns have been reported by law clerks around the holidays, indicating a systemic problem within the profession. The patterns of distress signal an immediate need for corrective action, according to Aliza Shatzman, the Founder and President of The Legal Accountability Project (LAP), providing support for troubled legal interns. Shatzman states that law schools and the judiciary system must do better in their duty of care towards students and employees.
Shatzman shares that LAP is a trusted source for clerkship resources, aiming to correct the injustices she herself encountered as a student and a clerk. However, the fact that the majority of students and clerks would rather seek advice from her rather than from those officially entrusted with these duties suggests the clerkship system is characterized by mismanagement and misunderstanding. She describes the situation as a five-alarm fire putting the responsibility of the situation squarely on the law schools and the judiciary who have failed their students and employees.
Various issues including workplaces bullying, overwork, negativity and discrimination are rife. Add to that the threat of retaliation or character damage for speaking up and it makes the role of a law clerk unhealthily stressful. It is sad to note that internal mechanisms that exist in the judiciary to handle such dispute resolution are often dissuasive to complainants, offering weak reassurances of success or confidentiality.
Shatzman provides a list of advice and resource links for current and future clerks in her article. This includes enlightening law schools about the issue, documenting all incidences, connecting with an employment attorney, sharing experiences with LAP through an anonymous post-clerkship survey, considering the possibility of filing a formal complaint and maintaining open communication at all times.
Shatzman argues the validity and importance of sharing such experiences to empower other law clerks and expose the wrongful treatment in the legal profession. This points to a distinct need for a change in judicial culture as well as management of the clerk-judge relationship. She concludes with an urgent call to action for current and future law clerks; to understand that their experiences are essential and that they have the power to spark much needed reform.