Clerkship bonus timing Forum

[Anonymous User]

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?

[Anonymous User]

Bump -- anyone?

[rpupkin]

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.

[run26.2]

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.

[Anonymous User]

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]

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.

[hdivschool]

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.

[Anonymous User]

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?

[rpupkin]

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.

[hdivschool]

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.