Clerkship bonus timing

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Clerkship bonus timing

Postby Anonymous User » Wed Sep 07, 2016 2:15 pm

I understand that you can't receive clerkship bonus during your clerkship, but has anyone been able to negotiate to receive it before the clerkship starts? I have some urgent personal matters that require some financial help, and getting the bonus in advance would really be helpful. Or is this a total no-no?

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Re: Clerkship bonus timing

Postby Anonymous User » Sun Sep 11, 2016 9:28 pm

Bump -- anyone?

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rpupkin

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Re: Clerkship bonus timing

Postby rpupkin » Sun Sep 11, 2016 10:05 pm

I've never heard of a firm doing this, and I imagine that either your judge or your firm (and likely both) would not be okay with it, but, if you're really desperate, I suppose you could start by approaching your firm about the idea.

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Re: Clerkship bonus timing

Postby run26.2 » Mon Sep 12, 2016 10:18 am

I doubt any firm is going to be willing to do this for two reasons. First, for the firm, they expect to get work out of you for that bonus. Things could change in the year that you are employed -- business dries up, you leave the law, etc. Too much uncertainty. Second, most firms won't pay the bonus during the clerkship because they want to avoid the appearance of impropriety, i.e., that you would attempt to influence outcomes while you are a clerk. That does not change if you get paid prior to the clerkship because the expectation is that you will go to the firm when you leave the court.

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Re: Clerkship bonus timing

Postby Anonymous User » Mon Sep 12, 2016 10:23 am

run26.2 wrote:I doubt any firm is going to be willing to do this for two reasons. First, for the firm, they expect to get work out of you for that bonus. Things could change in the year that you are employed -- business dries up, you leave the law, etc. Too much uncertainty. Second, most firms won't pay the bonus during the clerkship because they want to avoid the appearance of impropriety, i.e., that you would attempt to influence outcomes while you are a clerk. That does not change if you get paid prior to the clerkship because the expectation is that you will go to the firm when you leave the court.


What if you sign some contract saying that you will return? or are those contracts kind of too unofficial?

run26.2

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Re: Clerkship bonus timing

Postby run26.2 » Mon Sep 12, 2016 11:08 am

That makes it even more like getting paid while doing the clerkship, i.e., running contrary to the second reason I gave, which is probably the governing concern here. Most firms need to sever ties with the clerk entirely during the clerkship.

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hdivschool

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Re: Clerkship bonus timing

Postby hdivschool » Wed Sep 14, 2016 8:10 pm

Never heard of a firm doing this and doubt they'd do it. But my firm covered my bar expenses and gave a bar stipend pre-clerkship, so at least some firms are willing to front some money pre-clerkship.

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Re: Clerkship bonus timing

Postby Anonymous User » Wed Sep 14, 2016 10:53 pm

hdivschool wrote:Never heard of a firm doing this and doubt they'd do it. But my firm covered my bar expenses and gave a bar stipend pre-clerkship, so at least some firms are willing to front some money pre-clerkship.

was your judge cool w/ that?

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rpupkin

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Re: Clerkship bonus timing

Postby rpupkin » Wed Sep 14, 2016 11:01 pm

Anonymous User wrote:
hdivschool wrote:Never heard of a firm doing this and doubt they'd do it. But my firm covered my bar expenses and gave a bar stipend pre-clerkship, so at least some firms are willing to front some money pre-clerkship.

was your judge cool w/ that?

Some folks on TLS have shared that their judge was cool with such an arrangement. This surprised me, because my judge absolutely did not permit this. You have to ask your judge.

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hdivschool

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Re: Clerkship bonus timing

Postby hdivschool » Thu Sep 15, 2016 9:37 pm

rpupkin wrote:
Anonymous User wrote:
hdivschool wrote:Never heard of a firm doing this and doubt they'd do it. But my firm covered my bar expenses and gave a bar stipend pre-clerkship, so at least some firms are willing to front some money pre-clerkship.

was your judge cool w/ that?

Some folks on TLS have shared that their judge was cool with such an arrangement. This surprised me, because my judge absolutely did not permit this. You have to ask your judge.

I asked beforehand and the judge didn't have a problem with it. Granted, I was screened from any cases involving the firm.



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