Turning Down an Offer? Forum

[Anonymous User]

Situation: 2L, just started applying for clerkships. Very quickly got an interview and then an offer at a Dst Ct. Not my first choice district or judge, or even my second or third choice district but I don't have any other prospects at the moment (but only started the process a month ago). I know CSO wisdom is to accept, but do I have to? Should I?

[Anonymous User]

If you don't want it, don't take it. People, and especially CDO, treat clerkships differently, but it is like any other job - you can decline. We just went through hiring my replacement and there were discussions of "If X doesn't accept, we will offer to Y," and there was no presumption of animus in the event X didn't accept. It happens.

I know people who have been on the other side of the coin -i.e., have turned down an offer - and it worked out fine. You just have to decide if you can handle risk of striking out for 2016.

[A. Nony Mouse]

I agree that you can absolutely turn it down, etiquette-wise. Otherwise, how competitive are you for your higher-choice clerkships? The bird-in-the-hand thing is a big concern. I ended up taking the first offer (under slightly different circumstances) - as the above says, you have to decide how much risk you want to take.

[Anonymous User]

OP: moderate grades, secondary journal, no LR, at HYS. So top districts are a gamble but a possibility I think.

[forza]

Based on your last post, I'd take it (unless you REALLY don't want to work in that district). It's one thing to turn it down for another confirmed offer. It's a megahuge gamble to turn it down in the hopes of a better offer.

[jimmythecatdied6]

I'd also take it if I were you, unless I heard bad things about the judge.

[rpupkin]

OP: moderate grades, secondary journal, no LR, at HYS. So top districts are a gamble but a possibility I think.

Eh. How important is it to you to clerk in 2017, right after you graduate? If you turn this one down, you might be able to get something in a "top district" down the line, but you might have to wait until you're an alumni.

By the way, I think the whole notion of "top districts" is overplayed. It's still basically a local thing. I mean, if your dream job is to be an AUSA in Manhattan, then, yeah, it's an advantage to clerk in SDNY. If your dream is to work at Keker in San Francisco, then it's probably a benefit to clerk in N.D. Cal. But it's not like these districts have "national reach" in the same sense that top law schools do. Your outlook doesn't change dramatically by virtue of having clerked in SDNY/DDC/NDCA/CDCA.

As I think you know, the clerkship applicant pool is swimming with HYS grads with "moderate grades." There are literally hundreds of you. Opportunities will definitely come up here and there, but it's not like judges are falling out of their chairs to hire students with your profile.

[Anonymous User]

How much you liked/ got along with the judge is something not being stressed here enough - that will be a HUGE determining factor for your experience. If you really clicked with the judge, seriously consider accepting.

[MyNameIsFlynn!]

just one serious question

turn down for what

[Anonymous User]

OP here again - thanks all for your advice. I did end up accepting the clerkship, even though it wasn't my first choice district, I really liked the judge and know I'm lucky to have gotten the offer in the first place. So thanks everyone.

[Longtimecoming19]

Hey OP, I think you made the wise choice. The clerkship labor market is really a buyer's market right now, and there is no guarantee you would have gotten a better offer, or even any. You like the judge, which, IMO, is the most important factor, and if you're interested in an appellate clerkship for the year after, you'll be in a much stronger position for having clerked at the district level. Again, good decision on your part to accept. Congratulations - you must have worked very hard to get yourself in this position, and I hope you feel great about it. Now feel free to relax just a little bit.