Ethical Questions re: Firm Interviews during clerkship

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Ethical Questions re: Firm Interviews during clerkship

Postby Anonymous User » Fri Jan 09, 2015 4:24 pm

I am having a hard time determining whether I can allow a firm that has invited me to interview to pay for my flight/accommodations. Most on-point opinion I can find is:

The Committee has also advised that a law clerk may not accept, during a
clerkship, travel and other expenses associated with attending a “retreat” with a law firm
that is the law clerk’s future employer. Accepting such payments would be contrary to
Canon 2 (avoiding the appearance of impropriety) and Canon 4C(2) of the Employee
Code (prohibiting the acceptance of a gift from anyone seeking official action from or
doing business with the court or whose interests might be substantially affected by the
performance or nonperformance of an employee’s official duties). See also, Judicial
Conference Gift Regulations § 3 (Guide to Judiciary Policy, Vol. 2C, § 620.35(a)).

Anyone have additional insight? What have previous clerks done?

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fats provolone
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby fats provolone » Fri Jan 09, 2015 8:06 pm

yea that seems pretty vague, hmm

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Re: Ethical Questions re: Firm Interviews during clerkship

Postby Anonymous User » Fri Jan 09, 2015 8:10 pm

Anonymous User wrote:I am having a hard time determining whether I can allow a firm that has invited me to interview to pay for my flight/accommodations. Most on-point opinion I can find is:

The Committee has also advised that a law clerk may not accept, during a
clerkship, travel and other expenses associated with attending a “retreat” with a law firm
that is the law clerk’s future employer. Accepting such payments would be contrary to
Canon 2 (avoiding the appearance of impropriety) and Canon 4C(2) of the Employee
Code (prohibiting the acceptance of a gift from anyone seeking official action from or
doing business with the court or whose interests might be substantially affected by the
performance or nonperformance of an employee’s official duties). See also, Judicial
Conference Gift Regulations § 3 (Guide to Judiciary Policy, Vol. 2C, § 620.35(a)).

Anyone have additional insight? What have previous clerks done?


Directly on point, in the ethics manual you were given:

https://oscar.uscourts.gov/assets/Maintaining_the_Public_Trust__Ethics_for_Federal_Judicial_Law_Clerks_2011.pdf wrote:Third, prospective employers may offer gifts or benefits that raise ethical issues. Generally, you may accept benefits that employers cus- tomarily provide in connection with bona fide employment discussions, such as meals or hospitality during the application process.

Contrasted with the next paragraph
Once you accept a position, an employer may offer additional benefits, such as a clerkship bonus, compensation for bar-related expenses, or an invitation to a firm retreat. During your clerkship, you may only accept bar expenses and relocation expenses. You may not accept clerkship bonuses or other financial incentives (such as interest-free loans or salary advances). You should generally decline invitations to major firm events, such as retreats, although you may want to check with your judge regarding invitations to other firm events, as circumstances vary.



Also Canons 4C(4) and 4E

4C(4) wrote:During judicial employment, a law clerk or staff attorney may seek and obtain employment to commence after the completion of the judicial employment. However, the law clerk or staff attorney should first consult with the appointing authority and observe any restrictions imposed by the appointing authority. If any law firm, lawyer, or entity with whom a law clerk or staff attorney has been employed or is seeking or has obtained future employment appears in any matter pending before the appointing authority, the law clerk or staff attorney should promptly bring this fact to the attention of the appointing authority


4E wrote:Compensation and Reimbursement

A judicial employee may receive compensation and reimbursement of expenses for outside activities provided that receipt of such compensation and reimbursement is not prohibited or restricted by this code, the Ethics Reform Act, and other applicable law, and provided that the source or amount of such payments does not influence or give the appearance of influencing the judicial employee in the performance of official duties or otherwise give the appearance of impropriety. Expense reimbursement should be limited to the actual cost of travel, food, and lodging reasonably incurred by a judicial employee and, where appropriate to the occasion, by the judicial employee's spouse or relative. Any payment in excess of such an amount is compensation.

A judicial employee should make and file reports of compensation and reimbursement for outside activities to the extent prescribed by the Ethics Reform Act, other applicable law, or the Judicial Conference of the United States.

Notwithstanding the above, a judicial employee should not receive any salary, or any supplementation of salary, as compensation for official government services from any source other than the United States, provided, however, that court reporters are not prohibited from receiving compensation for reporting services to the extent permitted by statute and by the court.


Source: http://www.uscourts.gov/RulesAndPolicie ... oyees.aspx

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Re: Ethical Questions re: Firm Interviews during clerkship

Postby Anonymous User » Sat Jan 10, 2015 1:05 pm

Thanks very much!

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bruinfan10
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby bruinfan10 » Mon Jan 12, 2015 11:51 am

fats provolone wrote:yea that seems pretty vague, hmm

I may be wrong, but aren't you a current law student? Like, a new one? This is worse than an 0L posting in the employment forum and/or DF drunk shitpoasting in the SCOTUS clerk thread while it was active. Go back to the lounge duder.

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A. Nony Mouse
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby A. Nony Mouse » Mon Jan 12, 2015 12:07 pm

If you mean fats, he's a gainfully employed grad. Not that his comment added much, but it wasn't because he's a new student.

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fats provolone
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby fats provolone » Mon Jan 12, 2015 12:27 pm

A. Nony Mouse wrote:gainfully employed

let's not get ahead of ourselves

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Desert Fox
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby Desert Fox » Mon Jan 12, 2015 12:36 pm

bruinfan10 wrote:
fats provolone wrote:yea that seems pretty vague, hmm

I may be wrong, but aren't you a current law student? Like, a new one? This is worse than an 0L posting in the employment forum and/or DF drunk shitpoasting in the SCOTUS clerk thread while it was active. Go back to the lounge duder.


OP should be fired for not being able to read though.

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A. Nony Mouse
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby A. Nony Mouse » Mon Jan 12, 2015 12:43 pm

fats provolone wrote:
A. Nony Mouse wrote:gainfully employed

let's not get ahead of ourselves

Hey, it's gainful employment even if it all goes to loans.

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fats provolone
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby fats provolone » Mon Jan 12, 2015 12:49 pm

A. Nony Mouse wrote:
fats provolone wrote:
A. Nony Mouse wrote:gainfully employed

let's not get ahead of ourselves

Hey, it's gainful employment even if it all goes to loans.

i believe hitler called this "the big lie"

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bruinfan10
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Re: Ethical Questions re: Firm Interviews during clerkship

Postby bruinfan10 » Thu Jan 15, 2015 11:10 am

fats provolone wrote:
A. Nony Mouse wrote:gainfully employed

let's not get ahead of ourselves

my b amigo, carry on




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