Value of New York COA vs. Fed Dist(EDNY) for NYC BigLaw/USAO Forum

[Anonymous User]

Any thoughts on which would generally be better for big law with the dream of a USAO somewhere down the line? I'm a first year at a V20 now and just interviewed for one and then immediately got an interview offer for another. Just wondering what the conventional wisdom is if I hope to go to a lit boutique or, god willing, a USAO. Thanks!!!!

[Doorkeeper]

Why not try to stack them, i.e. do the SDNY in 2014 and the CoA in 2015, or the reverse? Many judges are flexible on the year if they're not full for that specific hiring year.

[ResIpsa21]

Depends largely on your goals. On the whole, a District Court clerkship is probably more helpful for USAOs broadly, but it's only a truly huge boost in the same district where you clerked (EDNY --> USAO-EDNY). But trying to predict the best credentials for USAO hiring is nearly impossible. It all depends on what the current U.S. Attorney wants in his/her AUSAs. If the U.S. Attorney exclusively wants state level prosecutors, you're outta luck no matter what. For lit boutiques, it's more a matter of your preference. Do you want to do trial or appellate work? Clerk accordingly. The top-echelon lit boutiques tend to have associates who've done both (Kellogg, Keker, etc.).

If you're at a V20 now and you've got the credentials for EDNY/2d Cir., you really don't have to worry about going back to NYC biglaw after you clerk at either one. The best option would be both, if that's a financial possibility for you. Given the hiring cycles for those courts, I'm assuming your interviews are for 2016. If so, I would recommend shooting for 2d Cir. in 2016 and then apply for SDNY (moar preftige) in 2017. If you don't get 2d Cir., do EDNY in 2016 and apply for 2d CIr. in 2017.

[Anonymous User]

Depends largely on your goals. On the whole, a District Court clerkship is probably more helpful for USAOs broadly, but it's only a truly huge boost in the same district where you clerked (EDNY --> USAO-EDNY). But trying to predict the best credentials for USAO hiring is nearly impossible. It all depends on what the current U.S. Attorney wants in his/her AUSAs. If the U.S. Attorney exclusively wants state level prosecutors, you're outta luck no matter what. For lit boutiques, it's more a matter of your preference. Do you want to do trial or appellate work? Clerk accordingly. The top-echelon lit boutiques tend to have associates who've done both (Kellogg, Keker, etc.).

If you're at a V20 now and you've got the credentials for EDNY/2d Cir., you really don't have to worry about going back to NYC biglaw after you clerk at either one. The best option would be both, if that's a financial possibility for you. Given the hiring cycles for those courts, I'm assuming your interviews are for 2016. If so, I would recommend shooting for 2d Cir. in 2016 and then apply for SDNY (moar preftige) in 2017. If you don't get 2d Cir., do EDNY in 2016 and apply for 2d CIr. in 2017.

Thanks for the advice. In case this wasn't clear, I meant the NY State Court of Appeals. I highly doubt I'd have much of a shot at 2d Cir.

[ResIpsa21]

Thanks for the advice. In case this wasn't clear, I meant the NY State Court of Appeals. I highly doubt I'd have much of a shot at 2d Cir.

Oh, that changes things a lot. I assumed 2d Cir. because there's no good reason whatsoever to do a state-level court over EDNY. Take EDNY, absolutely no question, for any USAO, biglaw, or lit boutique. Only clerk for state-level if you know exactly what job you want and exactly how that clerkship will help you get it. Leaving a V20 for a state court clerkship could make it difficult to come back to biglaw, so don't make that decision lightly.

EDNY is a nationally well-regarded district and clerking there would be helpful to some degree no matter what you want to do. State-level courts are only helpful for a very particular set of state-level government jobs or local small firms (even lit boutiques tend to do mostly federal, and never focused on one state). I would shoot for EDNY and forget about the state court, if I were you.

[Anonymous User]

Thanks for the advice. In case this wasn't clear, I meant the NY State Court of Appeals. I highly doubt I'd have much of a shot at 2d Cir.

Oh, that changes things a lot. I assumed 2d Cir. because there's no good reason whatsoever to do a state-level court over EDNY. Take EDNY, absolutely no question, for any USAO, biglaw, or lit boutique. Only clerk for state-level if you know exactly what job you want and exactly how that clerkship will help you get it. Leaving a V20 for a state court clerkship could make it difficult to come back to biglaw, so don't make that decision lightly.

EDNY is a nationally well-regarded district and clerking there would be helpful to some degree no matter what you want to do. State-level courts are only helpful for a very particular set of state-level government jobs or local small firms (even lit boutiques tend to do mostly federal, and never focused on one state). I would shoot for EDNY and forget about the state court, if I were you.

Current d.ct. clerk here and I disagree with this. I think the reason that federal is generally > SSC is that federal clerkships are more mobile while SSCs aren't usually helpful outside that state. That and general prestige difference, but I don't think that's significant here because NY COA is the most prestigious SSC in the country and rivals many competitive federal courts in that respect.

Your choice should come down to your preferences. If you are dead-set on USAO, of course take EDNY because you are going to be prosecuting federal laws in federal court. If you want to do appellate work, COA is probably better. If you want to leave NY, probably EDNY. If you don't know what you want to do but you're sure you want to be in NY, either or both will be good experiences.

[Anonymous User]

Thanks for the advice. In case this wasn't clear, I meant the NY State Court of Appeals. I highly doubt I'd have much of a shot at 2d Cir.

Oh, that changes things a lot. I assumed 2d Cir. because there's no good reason whatsoever to do a state-level court over EDNY. Take EDNY, absolutely no question, for any USAO, biglaw, or lit boutique. Only clerk for state-level if you know exactly what job you want and exactly how that clerkship will help you get it. Leaving a V20 for a state court clerkship could make it difficult to come back to biglaw, so don't make that decision lightly.

EDNY is a nationally well-regarded district and clerking there would be helpful to some degree no matter what you want to do. State-level courts are only helpful for a very particular set of state-level government jobs or local small firms (even lit boutiques tend to do mostly federal, and never focused on one state). I would shoot for EDNY and forget about the state court, if I were you.

Current d.ct. clerk here and I disagree with this. I think the reason that federal is generally > SSC is that federal clerkships are more mobile while SSCs aren't usually helpful outside that state. That and general prestige difference, but I don't think that's significant here because NY COA is the most prestigious SSC in the country and rivals many competitive federal courts in that respect.

Your choice should come down to your preferences. If you are dead-set on USAO, of course take EDNY because you are going to be prosecuting federal laws in federal court. If you want to do appellate work, COA is probably better. If you want to leave NY, probably EDNY. If you don't know what you want to do but you're sure you want to be in NY, either or both will be good experiences.

I disagree with this advice. I researched lit/appellate boutiques for my post-clerkship job search, and I never came across a state supreme court clerk. I'm sure I could find some if I looked, but unless you're talking about a very regional boutique, the federal experience will be much more valuable.

[Citizen Genet]

My sense is just that biglaw/lit-appellate boutiques don't do state work.

BigLaw typically doesn't do state work, but lots of high end appellate boutiques do. I'm not as familiar with New York ones, but the most notable ones in the country (Horvitz Levy, Alexander Townsend) all have substantial state court practices within their state.

[ResIpsa21]

My sense is just that biglaw/lit-appellate boutiques don't do state work.

BigLaw typically doesn't do state work, but lots of high end appellate boutiques do. I'm not as familiar with New York ones, but the most notable ones in the country (Horvitz Levy, Alexander Townsend) all have substantial state court practices within their state.

Well, good to know. (I assumed because I always hear about federal COA clerkships being prereqs for boutiques.)

Right. This is why I said "only do state-level if you know exactly what job you want and how the state-level clerkship will help." If you know you want to go to one of these particular firms and you can identify other lawyers who've gotten there through the state-level clerkship, you can feel confident in doing SSC. If you think you might want to do one of these, but you might want to do a more national lit boutique (Zuckerman, Keker, etc.), or you might want USAO, or you might want to go back to Biglaw . . . then EDNY all the way.

[Anonymous User]

NY COA clerk here. I've seen most if not all of the top biglaw lit firms I can think of before us, plus a number of boutiques (Zuckerman for example has had a few appeals in the last year). Appearing before the COA is not going to be the mainstay of a firm's litigation practice, but appellate litigation very rarely is. The cases do tend to be a ton of commercial lit/insurance law plus a few odd ducks, obviously not the securities lit that drives NY litigation practice.

More to your specific question, clerking here is a great experience. Our term clerks who want it go to biglaw (most of them return to their pre-clerkship firms). If your goal is an AUSA, though, I'd take the EDNY job.