Accepting offers pre-clerkship Forum

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Anonymous User
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Accepting offers pre-clerkship

Post by Anonymous User » Mon Mar 31, 2014 6:20 pm

Any reason not to? You get the firm to pay for a bar stipend, and I assume you can always back out if you repay the bar price?

I'm just asking in case I'd like to have some flexibility after the fact...

anon168

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Re: Accepting offers pre-clerkship

Post by anon168 » Mon Mar 31, 2014 10:30 pm

Anonymous User wrote:Any reason not to? You get the firm to pay for a bar stipend, and I assume you can always back out if you repay the bar price?

I'm just asking in case I'd like to have some flexibility after the fact...
Just check with your judge first. Some judges don't like their clerks to accept pre-clerkship firm offers to avoid the possibility and appearance of conflict, bias, impropriety, etc.

dead head

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Re: Accepting offers pre-clerkship

Post by dead head » Mon Mar 31, 2014 10:39 pm

If they know you're going to clerk they typically just keep your offer open until your clerkship is over, in order to avoid the whole conflict-of-interest issue.

Anonymous User
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Re: Accepting offers pre-clerkship

Post by Anonymous User » Mon Mar 31, 2014 10:51 pm

anon168 wrote:
Anonymous User wrote:Any reason not to? You get the firm to pay for a bar stipend, and I assume you can always back out if you repay the bar price?

I'm just asking in case I'd like to have some flexibility after the fact...
Just check with your judge first. Some judges don't like their clerks to accept pre-clerkship firm offers to avoid the possibility and appearance of conflict, bias, impropriety, etc.
Yep, checked with him, he doesn't have a problem with it.
I assume I'd just choose not to work on any cases that came before him from the firm.

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

Re: Accepting offers pre-clerkship

Post by Anonymous User » Mon Mar 31, 2014 10:52 pm

dead head wrote:If they know you're going to clerk they typically just keep your offer open until your clerkship is over, in order to avoid the whole conflict-of-interest issue.
well yes, but i want that bar stipend :lol:

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legalese_retard

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Re: Accepting offers pre-clerkship

Post by legalese_retard » Tue Apr 01, 2014 10:21 am

Anonymous User wrote:
dead head wrote:If they know you're going to clerk they typically just keep your offer open until your clerkship is over, in order to avoid the whole conflict-of-interest issue.
well yes, but i want that bar stipend :lol:
As long as your judge approves it, then you are fine. Per the law clerk ethics handbook:

Once you accept a position, an employer may offer additional benefits, such as a clerkship bonus, compensation for bar-related expenses, or an invitation to a firm retreat. During your clerkship, you may only accept bar expenses and relocation expenses. You may not accept clerkship bonuses or other financial incentives (such as interest-free loans or salary advances). You should generally decline invitations to major firm events, such as retreats, although you may want to check with your judge regarding invitations to other firm events, as circumstances vary.

EXAMPLE:
• Sam accepted an offer with a firm, which offers (a) a salary advance of up to $7,000; (b) a clerkship bonus of $50,000; (c) reimbursement for a bar review course and bar exam fees; and (d) reimbursement for relocation costs. Which, if any, of these may Sam accept? During his clerkship, Sam may accept reimbursement for bar-related expenses and relocation costs. But he may not accept the salary advance or bonus until his clerkship concludes. A salary advance is impermissible because it is considered an interest-free loan.

http://www.fjc.gov/public/pdf.nsf/looku ... c-2013.pdf

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