Future-clerkship Conflict

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Anonymous User
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Future-clerkship Conflict

Postby Anonymous User » Mon Oct 16, 2017 10:24 am

The consensus on this site seems to be that having secured a clerkship for some time in the future doesn't create a legal conflict that would obligate you to immediately tell your current employer.

However, can anyone point me to an advisory opinion or any other sources that indicate this the credited response?

Anonymous User
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Joined: Tue Aug 11, 2009 9:32 am

Re: Future-clerkship Conflict

Postby Anonymous User » Mon Oct 16, 2017 12:49 pm

This doesn't even make sense. The purpose of recusal is to avoid any bias or the appearance of bias. What bias or appearance of bias could possibly result if you litigate in front of a judge that you'll work with in the future? Maybe the other side could argue that the judge will favor your side, but in that case the judge (not you) will decide whether to recuse himself.

It's another matter if your docket during the clerkship included that litigation (in which case you would recuse yourself), but you don't yet know whether your docket will include that case and that's not your hypothetical.

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rpupkin
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Joined: Mon Dec 09, 2013 10:32 pm

Re: Future-clerkship Conflict

Postby rpupkin » Mon Oct 16, 2017 1:08 pm

Anonymous User wrote:The consensus on this site seems to be that having secured a clerkship for some time in the future doesn't create a legal conflict that would obligate you to immediately tell your current employer.

However, can anyone point me to an advisory opinion or any other sources that indicate this the credited response?

Ask. Your. Judge.

If you want to hide a future clerkship from your law firm, make sure your judge knows about your plan.




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