Providing List of Cases to New Firm

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Providing List of Cases to New Firm

Postby Anonymous User » Tue Jul 12, 2016 8:16 pm

I am finishing up my D.Ct. clerkship next month, and my new firm requested a list of all cases that I worked on during my clerkship for a conflicts check. Is this typical? Thoughts?

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Re: Providing List of Cases to New Firm

Postby Anonymous User » Tue Jul 12, 2016 10:31 pm

I know that the term clerk I replaced received a similar request and had to write a letter explaining that ethics rules prohibited her from providing such a list.

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Re: Providing List of Cases to New Firm

Postby Anonymous User » Wed Jul 13, 2016 1:57 pm

Anonymous User wrote:I know that the term clerk I replaced received a similar request and had to write a letter explaining that ethics rules prohibited her from providing such a list.


Seems to be the correct path in this situation.

See Judicial Conference of the United States, Comm. on Codes of Conduct Advisory Opinion No. 109, Providing Conflict List to Departing Law Clerks, as reprinted in 2 Guide to Judiciary Policy pt.B, ch.2, at 210 (2016), available at, http://www.uscourts.gov/file/1903/download.

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rpupkin

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Re: Providing List of Cases to New Firm

Postby rpupkin » Wed Jul 13, 2016 2:57 pm

I believe it's not uncommon to provide a list of cases that were before your judge/court during your clerkship.

For what it's worth, I think it's in your interest to provide such a list to your firm if your judge or court allows it. That way, your conflicts department will wall you off, where appropriate, from certain matters. If your firm doesn't have that list, you'll be fully responsible for keeping track of conflicts. I know a guy who ended up being sanctioned for working on a case that had been active in the court during his clerkship. It was an accident, and it would have been easier for him to avoid the accident had Conflicts stopped him from getting involved.

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