Clerkship with the Court

What is the Delaware Court of Chancery?

The Delaware Court of Chancery is the preeminent forum for resolving disputes involving the internal affairs of Delaware corporations and other business entities responsible for a significant amount of the world’s commerce.

“Apart from the Justices on the United States Supreme Court, it is hard to imagine that any judges in our country receive closer scrutiny than those serving on Delaware's courts. This is due to their central role, historically, in expounding corporate law and, more recently, in fleshing out the law of non-corporate business entities.”
Lyman Johnson, Unsettledness in Delaware Corporate Law: Business Judgment Rule, Corporate Purpose, 38 Del. J. Corp. L. 405, 406–07 (2013).

The Court of Chancery is a non-jury trial court that exclusively handles civil cases. Founded in 1792, the court traces its roots to feudal England and has jurisdiction to hear and determine all matters and causes in equity. In today's practice, litigation in the Court of Chancery focuses on complex corporate and commercial disputes. The court’s unique docket stems from Delaware’s role as the legal home to more than 1.3 million entities, accounting for approximately two-thirds of all Fortune 500 companies and one-half of all public corporations in the United States. The Court of Chancery also handles guardianships, trust and estate matters, and land disputes. The members of the court consist of the Chancellor, six Vice Chancellors and three Magistrates in Chancery.

What does a Chancery clerk do?

Law clerks in the Court of Chancery conduct legal research, assist in the preparation of judicial opinions and memoranda, read and review motions and briefs before the court, attend arguments, hearings and trials, and assist the judge in myriad other ways. Because the Court of Chancery handles a high volume of cases at an unusually rapid pace, clerks are able to see many cases go through the entire lifecycle from complaint to final resolution. In addition, because the court issues numerous detailed written decisions, including post-trial decisions, Chancery law clerks can make substantial contributions to the legal opinions of the court. In essence, a clerkship at the Court of Chancery is an intense one- to two-year research and writing seminar.

Law clerks are given an intimate look at how the judicial process works in real time. They quickly learn what types of advocacy are and are not effective. The fundamental skills gained during a clerkship are valuable to attorneys in any practice area.