Will firm clawback bar expenses/relocation?

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Will firm clawback bar expenses/relocation?

Postby Anonymous User » Wed Jun 15, 2016 11:56 am

I will be leaving for a clerkship after spending my first year at a V50 NYC firm. I just realized that the judge wants me to start about a week or before my full year at the firm is complete. The firm has already indicated they cannot guarantee a position for me upon completion of my clerkship (I am in a transactional group so I suppose this makes sense). Will they also try to recover bar expenses and other costs from me? I suppose they are within their legal right to do so since technically I have not completed a full year with them. However it seems a bit harsh. Thoughts?

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sublime

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Re: Will firm clawback bar expenses/relocation?

Postby sublime » Wed Jun 15, 2016 12:01 pm

Any way you can explain that to your judge that starting before x date would leave you legally liable for how ever many thousand dollars and see if he or she is flexible?

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Re: Will firm clawback bar expenses/relocation?

Postby Anonymous User » Wed Jun 15, 2016 12:21 pm

OP here. Re: Starting later, I've considered it but would prefer not to. I have no idea whether my judge would be amenable to it or not. The judge doesn't offer staggered start dates so he/she would have to make an exception for me. And I am even more hesitant to ask for preferential treatment because I am nervous about not having spent the past year doing any research or writing. But I guess it is something to think about.

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Re: Will firm clawback bar expenses/relocation?

Postby sublime » Wed Jun 15, 2016 12:25 pm

Anonymous User wrote:OP here. Re: Starting later, I've considered it but would prefer not to. I have no idea whether my judge would be amenable to it or not. The judge doesn't offer staggered start dates so he/she would have to make an exception for me. And I am even more hesitant to ask for preferential treatment because I am nervous about not having spent the past year doing any research or writing. But I guess it is something to think about.



I don't think it would be an unreasonable request, but I don't have any clerkship experience and will defer to someone more knowledgable.

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Re: Will firm clawback bar expenses/relocation?

Postby bern victim » Wed Jun 15, 2016 12:26 pm

why don't you ask your firm if this is even an issue

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Re: Will firm clawback bar expenses/relocation?

Postby yay » Mon Jun 20, 2016 2:39 pm

bern victim wrote:why don't you ask your firm if this is even an issue


This. Seriously i can't imagine a biglaw doing this to an associate over leaving 1 week early. cmon now.

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Re: Will firm clawback bar expenses/relocation?

Postby 2014 » Mon Jun 20, 2016 2:42 pm

Do you have a week of vacation saved up? Why not do your two weeks notice one week before starting with the judge and have your last week "at the firm" be vacation?

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Re: Will firm clawback bar expenses/relocation?

Postby Anonymous User » Tue Jun 21, 2016 1:19 pm

[Do you have a week of vacation saved up? Why not do your two weeks notice one week before starting with the judge and have your last week "at the firm" be vacation?][/quote]

Doesn't this violate ethical/judicial rules? But either way I am going to ask my firm and see what they say (hopefully nothing). Thanks all!

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Re: Will firm clawback bar expenses/relocation?

Postby Anonymous User » Fri Jul 08, 2016 3:51 pm

Anonymous User wrote:[Do you have a week of vacation saved up? Why not do your two weeks notice one week before starting with the judge and have your last week "at the firm" be vacation?]


Doesn't this violate ethical/judicial rules? But either way I am going to ask my firm and see what they say (hopefully nothing). Thanks all!

Yes. You absolutely cannot collect law firm pay and judicial clerk pay at the same time.

FWIW, most firms are high on law clerks, and they typically won't screw you over for leaving for a clerkship. There's a lot of concern about reputation for firms in doing that kind of thing.



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