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Hello all. I have a district court clerkship followed by a COA clerkship. It is my understanding that to get the pay bump in year two, you have to have been a lawyer for a year. Does this mean that if I fail the bar the first time, I won’t be able to get the bump at all? If my score is too low, could I just transfer it to a different jurisdiction?

Anonymous User wrote: ↑

Wed Jul 27, 2022 6:18 pm

Hello all. I have a district court clerkship followed by a COA clerkship. It is my understanding that to get the pay bump in year two, you have to have been a lawyer for a year. Does this mean that if I fail the bar the first time, I won’t be able to get the bump at all? If my score is too low, could I just transfer it to a different jurisdiction?

First, you didn't fail the bar. But second, if you did, you could get the bump a year after you take it again and pass - that would probably be like April of your COA, but it would be better than nothing. Also, your clerkships won't care where you're admitted, so sure, if you can transfer your score to a different jurisdiction, go for it. I'll admit that I don't know how the logistics of transferring work, so I have no idea how long that would take, though.

To get the bump (JSP-12), you need one year of post-law school legal experience and to be a member of the bar. You don’t need to have been a member of the bar for a year. So if you take and pass the February bar, you’ll probably get the bump for the second clerkship. If you take and pass next year’s July bar, you’ll get the bump when you are admitted.

See https://oscar.uscourts.gov/qualificatio ... y_benefits

That said, if you have two federal clerkships lined up, I find it incredibly unlikely that you did not pass the bar.