June 2017
The Elon Business Law Journal is proud to offer an inside look at the role of the law clerk within the North Carolina Business Court. We had the privilege of sitting down with Derek Bast to get his insights on life as a law clerk.
Interviewee: Derek Bast, law clerk to The Honorable Louis A. Bledsoe, III, Special Superior Court Judge for Complex Business Cases
Interviewer: Peter McClelland, Staff Editor for the Elon Business Law Journal, Elon University School of Law L’17
PM: What is a typical day like as a Judicial Law Clerk in the Charlotte Business Court?
DB: There is a healthy mix of administrative and substantive work that needs to be done on a daily basis. A typical day will include emailing counsel to deal with administrative aspects of the cases I oversee, writing drafts of orders and opinions on matters that are ripe for decision, and discussing procedural or substantive issues in my various cases with Judge Bledsoe. And then there is always research and related work to be done on pending issues before the Court or in preparation for an upcoming hearing.
PM: And just to better grasp the scope of the job, what is a typical caseload for a Judicial Law Clerk in the Charlotte Business Court?
DB: Well, when I first started, it was heavier because there were only three Business Court Judges in North Carolina. But now we have five, so it has decreased a little. I’d say each judge now has about 40 cases on their docket, which means an average of 20 cases per clerk. A small number of those are inactive or on appeal though.
PM: What is your favorite part of Clerking?
DB: Having the opportunity to be next to Judge Bledsoe and be able to talk about everything in a case. Judge Bledsoe was an incredibly smart lawyer in practice and is an incredibly smart judge today, especially with all of his knowledge about the customs of Business Law Practice in North Carolina. And I think that, as a clerk, having a relationship with a judge gives you a unique perspective on judicial concerns. This is especially the case for the Business Court where the judges have to write opinions for any dispositive motions. And I hope that this unique perspective will help in private practice so that I can bring forth issues in a way that understands judges’ concerns.
PM: One of the old adages in practice is to always “be nice to the clerks.” What is one thing you have found that lawyers do that they just should not?
DB: Well, put slightly differently, there are definitely some things that you can do that law clerks will appreciate an attorney doing. First is that it really helps if a lawyer is familiar with the local rules. It really does make the law clerk’s job a lot easier when the lawyers follow those rules, because it cuts down on the administrative tasks in a case. The other big thing is to bring extra copies of materials that you intend to hand up to the judge. It helps us do our jobs better if we can follow along with what you are walking the Court through instead of having to piece it together after the hearing.
PM: You mention local rules, what are some procedural and cultural differences between the Business Court and other courts?
DB: Well, I have not gone to too many regular Superior Court Proceedings. But one of the biggest differences from other trial courts is that cases in the Business Court are heard by the same judge over the life of the entire case. So a litigant in the Business Court always knows that they have a judge who is intimately familiar with all the ins-and-outs of the case.
PM: I know that the Charlotte Business Court has had some technological upgrades recently. What are your thought on those?
DB: The Business Court now has the ability to hold videoconferences for most non-dispositive conferences. And I think it has clearly been a net benefit. The legal profession can be a bit slow to embrace technology, but this has be a great step forward.
PM: There has been some criticism about the over-use of “boilerplate language” in legal documents or knee-jerk motions in litigation. In your time at the Business Court, have you come across any issues with those?
DB: Disputed contracts that come before the Court do tend to have plenty of boilerplate language, but the simple fact that they use boilerplate language tends not to be the problem. Instead, it is typically a lack of having read or carefully drafter the language in dispute that causes the big issues.
PM: And finally, is there anything else you want people to know about being a Judicial Law Clerk in the Charlotte Business Court?
DB: Just that it is a terrific opportunity for those interested in civil litigation, especially business litigation. The ability to work closely with a judge is a terrific opportunity and Judge Bledsoe has been an invaluable mentor. And you get to observe great lawyers from across North Carolina. It is great to be able to see good lawyers in action before you’re seeing them as opposing counsel.