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Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 2:14 pm
by Anonymous User
Hello,

I got a summer associate job at a law firm. It is not a big law firm, I will be working 9 to 6, a paid job, and they may or may not hire interns after the summer. However, I need to get an offer from this law firm.

My question is: In addition to this summer associate position, I want to do externship by working remotely, part-time (after 6pm & only on weekends, 10-15 hours a week) at another company for academic credit. Do I have to tell the law firm about my externship? If I don't tell the law firm, what would happen? I can't state this externship on my resume?

I have a legit reason for doing this, so please don't ask why you want to do externship while having a summer job.
Thank you!

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 2:21 pm
by Aeon
There may be ethical issues (i.e.: conflicts of interest) that would need to be checked and addressed if you're working at both the law firm and at the externship.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 2:25 pm
by Desert Fox
Aeon wrote:There may be ethical issues (i.e.: conflicts of interest) that would need to be checked and addressed if you're working at both the law firm and at the externship.
Yea you have to tell them.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 2:30 pm
by JusticeJackson
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Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 3:07 pm
by reasonable_man
You may be working longer than 9 to 6 at your day-job. Keep that in mind.

This doesn't sound like a great idea to me.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 3:44 pm
by Anonymous User
Thank you for the awesome responses, guys.

There is a almost zero chance that there is a conflict of interest. Two org are in totally different areas. Still need to tell the law firm? Why?

There is another opportunity, which is a non-profit. Would this make a difference in your answers?

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 3:47 pm
by Desert Fox
Anonymous User wrote:Thank you for the awesome responses, guys.

There is a almost zero chance that there is a conflict of interest. Two org are in totally different areas. Still need to tell the law firm? Why?
Because both organizations need to be aware of their conflicts of interest and when you are working there your conflicts are theirs. You have no way of knowing if there is a conflict unless you give them a conflicts checklist and they run it.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 4:45 pm
by JusticeJackson
.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 4:50 pm
by DELG
You absolutely MUST tell them for conflicts reasons. Your explanation for why your don't have to suggests you don't know how conflicts work.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 5:24 pm
by Anonymous User
1) Conflicts check and 2) They won't care. They will appreciate you informing them. There is no reason NOT to tell them, unless you are concerned about it failing a conflicts check. This does not count as 'moonlighting,' if that is what you are worried about.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 5:39 pm
by Anonymous User
Then, if I do the unpaid job BEFORE and AFTER the law firm job (no overlapping), no need to disclose it to the law firm? My gut feeling is that before may be a problem but after should be fine...

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Thu Apr 28, 2016 5:40 pm
by ballouttacontrol
Anonymous User wrote:Then, if I do the unpaid job BEFORE and AFTER the law firm job (no overlapping), no need to disclose it to the law firm? My gut feeling is that before may be a problem but after should be fine...
u will need to disclose the clients you have worked for. after should be nbd

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sat Apr 30, 2016 3:57 pm
by cocobyrum
Yeah, you need to tell them. I have been working with a former professor from undergrad off and on for the last five years, when he gets funding and grants for education-related projects. Even though it's not legal work, and there was 0% chance of any kind of conflict the firm I'm summering at still wanted the details to make sure on their end. They also wanted to make sure I wouldn't be spending a lot of time with the other work; but since it's only a few hours a week, it was no problem.

You're talking about a much more significant commitment, so yes, you must tell them. There's no way around it. That you're hesitating and trying to find a way to keep it secret tells me you know it may interfere with the firm work, and don't want them to know about it.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sat Apr 30, 2016 7:51 pm
by favabeansoup
OP, this is a great opportunity for you to better understand conflicts and how they will follow you around forever now. Your chances of there being a conflict, either with the externship or with the non-profit, are likely 0.1%. The probability of a conflict doesn't matter at all though.

You always, always disclose to the firm where you have/are working and if you ever represented clients in any capacity. It is for the firm to decide, not you, and you will get into significantly more trouble at the firm if you don't disclose and they later find out on their own.

The solution is a simple email to the individual responsible for hiring telling them about the externship, how it won't overlap or interfere with the firm's work, and how you are only taking it for credit, not money. Hiring person will say ok, and they can go ahead and run a conflict if they want to.

Example: Friend of mine did a summer internship pre-law school helping out homeless individuals in court. She later goes to biglaw firm for summer doing exclusively corporate work + in a totally different state. She still needed to disclose working there, even though there would be absolutely no conflict.

Also, there might possibly be insurance reasons for the law firm to say you can't do it. Almost all law firms have a strict no moonlighting policy, and since you'd technically be working there (although in a clerk capacity) you might be covered by it. If you were to somehow, as unlikely as it is, get sued for something you did during the externship, the law firm might get in the shittier. No idea if that actually matters, just a thought I had.

So policy is to always, always tell them.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 12:46 am
by Anonymous User
I've had conflicts come up that I thought weren't even remotely possible. OP, you can cause problems here that could cost the firm, and potentially clients, thousands, if not millions of dollars. If your firm has any pending criminal matters, the problems you cause could be even more severe.

Your failure to disclose could very well be noted to the bar when you're going through Character and Fitness and they contact all of your employers. Needless to say, this is not a situation you want to be in.

You have a duty to disclose, and the fact that you're even considering not disclosing raises ethical issues about who you are and about whether you are fit to become a lawyer. Cut the shit and disclose.

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 7:12 pm
by El Pollito
this is one of the worst ideas i've ever heard on this website

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 8:31 pm
by North
Isn't this a straight up ethics violation if you're a lawyer?

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 9:04 pm
by NotMyRealName09
OP actually does not understand how conflicts of interest work. Moonlighting without disclosing will get you fired and potentially grieved and / or hit with malpractice lawsuit (and could cost your firm / company a client due to disqualification). Welcome to legal jobs. We have rules about client confidences and imputing our conflicts to every other attorney in the organization we work with. Learn those rules.

Edit:

OP, this took me 13 seconds of googling. Read comment 4, and if you don't understand why what you're asking to do is verboten, re-take legal ethics.

http://www.americanbar.org/groups/profe ... _1_10.html

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 9:12 pm
by Vursz
I did something similar last summer (SA at lit boutique during the day, roughly 8am-5:30pm hours; alternate remote internship during nights/weekends).

I disclosed everything, to everyone, for conflicts reasons. You should 100% do likewise - even if there's not a conflict under the rules of professional conduct, your summer firm (as a corporate entity) might not want you working in ways that could benefit a competitor.

(Also, keep in mind that this is almost certainly going to be less fun in practice than it sounds right now. I was pretty overloaded last summer and didn't exactly go back to school feeling incredibly refreshed.)

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 9:20 pm
by ballouttacontrol
In OP's defense, he might not have taken their ethics class yet. Many ppl don't take it until 3L. There's no reason for the typical TLS attack of the nerds

It does seem weird coming from other professions that you HAVE to do it. But yea, you have to tell your firm about any and all other legal employment.

OP, if you REALLY don't want to tell the firm, see if you can arrange to do the externship after you are completely done working with the firm. Though, obviously you'll have to tell them about it if you decide to come back next summer/after you graduate

Re: Should I tell my summer law firm that I will be doing externship part-time?

Posted: Sun May 01, 2016 11:04 pm
by dixiecupdrinking
Don't like slavish adherence to procedural rules that probably aren't necessary in your particular case? You chose a great career, friend!