Seeking help- my legal internship hangs in the balance. Forum
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Seeking help- my legal internship hangs in the balance.
Hello, first time poster looking for some advice. I am supposed to start my internship at a solo law firm in my area, but have run into a problem. The lawyer I am trying to be an intern for is concerned about his liability when having me serve as an unpaid "intern" because of the Fair labor standards act, more specifically this portion:http://www.dol.gov/whd/regs/compliance/whdfs71.htm
He is concerned that he could potentially get in trouble for not paying me, perhaps because he could derive some amount of benefit (e.g. if i get some information from a client that he hadn't learned and I relay it to him). Basically has anyone done an unpaid internship in private practice? how is it possible to get around the FLSA definitively? Do you know of any supreme court decisions that could aid me in showing that he would not be liable?
I would be so grateful for help on this matter, thank you.
EDIT: This is an obvious omission: I am not currently a student, I recently graduated with my bachelors degree. Right now I am between law school and undergrad.
He is concerned that he could potentially get in trouble for not paying me, perhaps because he could derive some amount of benefit (e.g. if i get some information from a client that he hadn't learned and I relay it to him). Basically has anyone done an unpaid internship in private practice? how is it possible to get around the FLSA definitively? Do you know of any supreme court decisions that could aid me in showing that he would not be liable?
I would be so grateful for help on this matter, thank you.
EDIT: This is an obvious omission: I am not currently a student, I recently graduated with my bachelors degree. Right now I am between law school and undergrad.
Last edited by davidcasaletto on Mon Mar 10, 2014 2:55 pm, edited 1 time in total.
- jn7
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Re: Seeking help- my legal internship hangs in the balance.
Can you just earn credit?
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Re: Seeking help- my legal internship hangs in the balance.
I should have added that I am not currently a student.jn7 wrote:Can you just earn credit?
- yossarian
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Re: Seeking help- my legal internship hangs in the balance.
Yeah, I dunno the laws, but I know it is hard (maybe impossible?) to hire unpaid interns w/out giving credit.davidcasaletto wrote:I should have added that I am not currently a student.jn7 wrote:Can you just earn credit?
- prezidentv8
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- Pleasye
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Re: Seeking help- my legal internship hangs in the balance.
We can't give you (or your employer) legal advice but I'm pretty sure you're SOL.
Unpaid internships are a load of crap anyway. Tell him to pay you.
Unpaid internships are a load of crap anyway. Tell him to pay you.
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Re: Seeking help- my legal internship hangs in the balance.
Do you not want money?
- patogordo
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Re: Seeking help- my legal internship hangs in the balance.
just so i'm clear, you're doing legal research to try and convince your boss that he doesn't have to pay you
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Re: Seeking help- my legal internship hangs in the balance.
I do not want money, I wouldn't be doing any clerical work or other employee like functions. I work nights for now to make ends meet. This would be good learning opportunity for me and a chance to gain some practical insight and experience. The guy is pretty wise and has a lot of experience I'd like to benefit from; he intends on being my mentor essentially. Well, if we can figure out how to do it legally that is.rad lulz wrote:Do you not want money?
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Re: Seeking help- my legal internship hangs in the balance.
patogordo wrote:just so i'm clear, you're doing legal research to try and convince your boss that he doesn't have to pay you
Well I approached him to begin with, I won't be doing traditional employee things like writing documents or answering phones. I'll be sitting in on meetings with clients, coming along with him to the courthouse for whatever purposes he has there for the day, talking with him about ongoing cases and discussing and learning from his perspective about them. This is not a traditional internship I suppose, perhaps I could term myself as a volunteer instead (though can you volunteer at a private company legally?) or some other term. I am very determined to get in there and have this experience, I have no desire to receive any payment from him.
- Calvin Murphy
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Re: Seeking help- my legal internship hangs in the balance.
Can you call it a shadow?
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Re: Seeking help- my legal internship hangs in the balance.
That's an interesting idea, thank you for your input I'll research that.Calvin Murphy wrote:Can you call it a shadow?
- A. Nony Mouse
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Re: Seeking help- my legal internship hangs in the balance.
OP, I'm sorry, but this forum is restricted to law students and you're not one, and you're asking for legal advice, which no one here can give you, so I'm locking this.
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