part time clerkship Forum

[Anonymous User]

i noticed one judge was looking for a part time clerk. would the clerk be able to work for firm at the same time? or for that matter any other legal work

[A. Nony Mouse]

i noticed one judge was looking for a part time clerk. would the clerk be able to work for firm at the same time? or for that matter any other legal work

No, basically you can't practice law while you're a clerk. (I think there may be some very narrow exceptions like doing a will for a family member.) I suspect you could do non-practice law-related stuff (like editing or publishing, that kind of thing; I know clerks who graded bar exams while clerking).

[legalese_retard]

i noticed one judge was looking for a part time clerk. would the clerk be able to work for firm at the same time? or for that matter any other legal work

No, basically you can't practice law while you're a clerk. (I think there may be some very narrow exceptions like doing a will for a family member.) I suspect you could do non-practice law-related stuff (like editing or publishing, that kind of thing; I know clerks who graded bar exams while clerking).

Correct. See Canon 4D of the Code of Conduct for Judicial Employees: [http://www.uscourts.gov/rulesandpolicie ... oyees.aspx]

Practice of Law. A judicial employee should not engage in the practice of law except that a judicial employee may act pro se, may perform routine legal work incident to the management of the personal affairs of the judicial employee or a member of the judicial employee's family, and may provide pro bono legal services in civil matters, so long as such pro se, family, or pro bono legal work does not present an appearance of impropriety, does not take place while on duty or in the judicial employee's workplace, and does not interfere with the judicial employee's primary responsibility to the office in which the judicial employee serves, and further provided that:

(1) in the case of pro se legal work, such work is done without compensation (other than such compensation as may be allowed by statute or court rule in probate proceedings);
(2) in the case of family legal work, such work is done without compensation (other than such compensation as may be allowed by statute or court rule in probate proceedings) and does not involve the entry of an appearance in a federal court;
(3) in the case of pro bono legal services, such work (a) is done without compensation; (b) does not involve the entry of an appearance in any federal, state, or local court or administrative agency; (c) does not involve a matter of public controversy, an issue likely to come before the judicial employee's court, or litigation against federal, state or local government; and (d) is reviewed in advance with the appointing authority to determine whether the proposed services are consistent with the foregoing standards and the other provisions of this code.

Judicial employees may also serve as uncompensated mediators or arbitrators for nonprofit organizations, subject to the standards applicable to pro bono practice of law, as set forth above, and the other provisions of this code.

A judicial employee should ascertain any limitations imposed by the appointing judge or the court on which the appointing judge serves concerning the practice of law by a former judicial employee before the judge or the court and should observe such limitations after leaving such employment.

[Anonymous User]

What bout doing patent prosecution work, either as patent attorney (prob some law work involved) or patent agent (no legal work really)?