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Accepting offers pre-clerkship

Posted: Mon Mar 31, 2014 6:20 pm
by Anonymous User
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...

Re: Accepting offers pre-clerkship

Posted: Mon Mar 31, 2014 10:30 pm
by anon168
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.

Re: Accepting offers pre-clerkship

Posted: Mon Mar 31, 2014 10:39 pm
by dead head
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.

Re: Accepting offers pre-clerkship

Posted: Mon Mar 31, 2014 10:51 pm
by Anonymous User
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.

Re: Accepting offers pre-clerkship

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

Re: Accepting offers pre-clerkship

Posted: Tue Apr 01, 2014 10:21 am
by legalese_retard
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