working in a state where you haven't passed the bar

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working in a state where you haven't passed the bar

Postby Anonymous User » Mon Jan 07, 2013 1:57 pm

I'm clerking for a federal judge in New York City, but i took the bar exam in my home state thinking I'd return there. The trouble is, now I'm enjoying living in NYC and would prefer to stay, but also don't really want to have to go through taking the bar again. I mean, I will, but I'm interested in working as a government employee or something similar where I would practice entirely in federal court, and if there's a way I could do that without having to endure another miserable several months of bar study while working presumably, that would be desirable. Are there jobs where the state in which you passed the bar doesn't matter?

Anonymous User
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Re: working in a state where you haven't passed the bar

Postby Anonymous User » Mon Jan 07, 2013 2:06 pm

For federal government attorneys, this varies slightly by district, but the typical home rule is that you may appear before the federal district court if you are in good standing with any state bar.

This rule only applies to federal government attorneys. So you'd need a federal government position. In NYC, that probably means either SEC or becoming an AUSA for SDNY or EDNY. Those are all highly competitive positions, but with a federal clerkship under your belt, you at least have a shot.

As an interim measure, look at becoming a Second Circuit staff attorney. The length of those jobs varies by circuit, but I think in 2nd they're two-year positions. That experience could help you land a government attorney position and will keep you in New York for a couple more years.

Anonymous User
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Joined: Tue Aug 11, 2009 9:32 am

Re: working in a state where you haven't passed the bar

Postby Anonymous User » Mon Jan 07, 2013 3:47 pm

OP here: I've pretty much written off AUSA for now, just because there's been a hiring freeze for a while and SDNY/EDNY is just ridiculously competitive even for clerks.

I've also thought a bit about doing in-house work...for those jobs does the employer typically care where you've passed the bar?




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