Magistrate Judge Forum

[shockandawe10]

I have a mid-law/cusp of big-law job lined up for the fall, but I really want to clerk. I also have a very solid shot of obtaining a federal magistrate court clerkship in the same district as my firm for the fall. I was upset to strike out last year because my stats are decent. I am hoping to secure a district ct. for 14-15. Is it better to work for the firm this year (also and make more $) or to get the judicial experience, albeit with a magistrate?

Stats:

School: BC/BU
Rank: Top 10%
Journal: Secondary, e-board
Published: Yes
Moot Court: Yes
Recommendations: 2 strong, 1 solid

[legalese_retard]

Well if you really want to clerk, you should go for the mag job. I think it is easier to go from mag to dist court than from midlaw to dist court.

[Anonymous User]

I say go for it. It will be a good experience.

[reasonable_man]

I would only go for the MJ if you know that your old firm will take you back afterward. If you strike out with the DJ interviews after working for the MJ, the MJ clerkship is not going to really turn any heads at biglaw or in midlaw for that matter.

[shockandawe10]

I appreciate the support. The replies are only reinforcing my own thought dilema though. I am unsure how my firm would respond and I can only find out by asking and appearing disloyal. They seem as though they would support it, especially because its in the district, but I can't be sure. They also said in form language in my offer letter that they reserve the right to revoke the offer if I do anything to delay commencement of the practice of law.

There's also the financial side. Ideally, it'd be great to get firm salary for a year, then get the advanced fed $. I feel decently confident I could land something with the very strong phone-call recommendation from a connected professor that I've built up this year.

I suppose, if I do strike out again, I could always try a magistrate after a year coming it at the advanced pay and then try district for the following year.

[patrickd139]

They seem as though they would support it, especially because its in the district, but I can't be sure. They also said in form language in my offer letter that they reserve the right to revoke the offer if I do anything to delay commencement of the practice of law.

The bolded is likely intended to cover the firm's ass if you fail the bar, not if you clerk. That said, the language itself could absolutely cover a situation where you accept a clerkship or decide to do an LL.M. program instead of joining immediately.

How many of the attorneys in your firm clerked? Could you talk to them and get their candid opinion?

FWIW, depending on how the district is structured, and how much leeway the Art. III judges give their magistrates, some magistrate judges' clerks have very fulfilling and worthwhile clerkships that (in many ways) are the same as Art. III clerks and equip clerks with substantially the same experience. Others watch criminals enter plea agreements and are basically claims processors for OASDI.

Be damn sure you're not turning down a firm job (at a firm you apparently are interested in working for after the clerkship) to be an OASDI claims processor.