Clerking as fifth year associate? Forum

[Anonymous User]

I’m thinking about clerking next year, which means I’d be leaving an nyc V10 firm as a fifth year. Not sure what I’d want to do after, but certainly am concerned about foreclosing career options. Does anyone have any thoughts/experience? Would it depend on type of clerkship (CoA vs. SDNY/EDNY clerkship vs. D ct/D NJ clerkship)? Thanks!

[Anonymous User]

I’m thinking about clerking next year, which means I’d be leaving an nyc V10 firm as a fifth year. Not sure what I’d want to do after, but certainly am concerned about foreclosing career options. Does anyone have any thoughts/experience? Would it depend on type of clerkship (CoA vs. SDNY/EDNY clerkship vs. D ct/D NJ clerkship)? Thanks!

Also curious

[Anonymous User]

I'm clerking in a competitive district court (i.e. SDNY, EDNY, ND Cal, CD Cal) as a fifth year and my previous experience has been pretty helpful in managing the docket and drafting opinions. I had a lot of experience drafting motions coming from my previous firm (a V10 FWIW), but not so much in managing cases or overseeing them over the course of the case. The clerkship has been extremely valuable in that sense, in addition to the other typical benefits like learning new areas of law, discussions with your judge and co-clerks, attending trials/hearings, exposure to real criminal work, and substantial writing experience.

As far a post-clerkship employment prospects, it's pretty hard to predict future prospects because of the pandemic. I know a few COA clerks that haven't received any interviews, but that might be their own self-selection. I have fairly good credentials and interviewed at several firms (more elite boutiques than big law) before receiving an offer. A few firms dinged me pre- and post-interview for being too senior (so annoying), but if you're coming from a V10 and have the opportunity to clerk at a COA or in one of the districts you mentioned then you should have at least a few options post-clerkship.

I'm happy to discuss more in PM's.

[Anonymous User]

This would probably be too senior to come off a clerkship for my lit boutique, but it depends on what experience you have going into the clerkship that you can sell as basically being a lateral candidate in the high midlevel/low senior associate range. The problem with clerking slightly later into your associate career - and I say this as someone who clerked several years after graduating, though not as senior as you'll be - is that you're missing out on midlevel work instead of missing out on junior work. We often see people come through who did just, like, standard first/second-year work at a biglaw firm (aka nothing), clerked, and then are fourth years who can't do fourth year things by lit boutique standards. That's a hard sell for hiring. If you don't have great substantive experience where you can convincingly say I can come in day one and not miss a beat there's a real danger on the recruiting end.

I am so so glad I clerked, even late, and it all worked out in the end. It was also nice to get a year of not having to answer emails on nights/weekends before going back into the meat grinder. But I definitely feel like it was a risk stepping out of the biglaw lane and then trying to get back in. It worked out, but still a risk.

[tlsthrowaway4308]

To the two commenters above, could post-clerkship employment prospects be better if you prospectively told interviewers that you’d be willing to join as a fifth year (I.e. not receive any class credit)? I dont see why it wouldn’t; after all, employers get to pay you for the same amount as you’d be paid before the clerkship, but still benefit from your clerking experience.

[Anonymous User]

I'm clerking in a competitive district court (i.e. SDNY, EDNY, ND Cal, CD Cal) as a fifth year and my previous experience has been pretty helpful in managing the docket and drafting opinions. I had a lot of experience drafting motions coming from my previous firm (a V10 FWIW), but not so much in managing cases or overseeing them over the course of the case. The clerkship has been extremely valuable in that sense, in addition to the other typical benefits like learning new areas of law, discussions with your judge and co-clerks, attending trials/hearings, exposure to real criminal work, and substantial writing experience.

As far a post-clerkship employment prospects, it's pretty hard to predict future prospects because of the pandemic. I know a few COA clerks that haven't received any interviews, but that might be their own self-selection. I have fairly good credentials and interviewed at several firms (more elite boutiques than big law) before receiving an offer. A few firms dinged me pre- and post-interview for being too senior (so annoying), but if you're coming from a V10 and have the opportunity to clerk at a COA or in one of the districts you mentioned then you should have at least a few options post-clerkship.

I'm happy to discuss more in PM's.

Thanks! This is OP, posting on behalf of my anonymous friend. Not sure how to unanonymize myself but you can pm me at theoo

[Anonymous User]

To the two commenters above, could post-clerkship employment prospects be better if you prospectively told interviewers that you’d be willing to join as a fifth year (I.e. not receive any class credit)? I dont see why it wouldn’t; after all, employers get to pay you for the same amount as you’d be paid before the clerkship, but still benefit from your clerking experience.

This is the first anon clerk ... I didn't try this so I'm not sure. I don't think this would work because the difference in total comp between a 5th and 6th year isn't huge (like $30-40K) so I don't think it would change a firm's decision to interview or offer you.

[Anonymous User]

I'm clerking in a competitive district court (i.e. SDNY, EDNY, ND Cal, CD Cal) as a fifth year and my previous experience has been pretty helpful in managing the docket and drafting opinions. I had a lot of experience drafting motions coming from my previous firm (a V10 FWIW), but not so much in managing cases or overseeing them over the course of the case. The clerkship has been extremely valuable in that sense, in addition to the other typical benefits like learning new areas of law, discussions with your judge and co-clerks, attending trials/hearings, exposure to real criminal work, and substantial writing experience.

As far a post-clerkship employment prospects, it's pretty hard to predict future prospects because of the pandemic. I know a few COA clerks that haven't received any interviews, but that might be their own self-selection. I have fairly good credentials and interviewed at several firms (more elite boutiques than big law) before receiving an offer. A few firms dinged me pre- and post-interview for being too senior (so annoying), but if you're coming from a V10 and have the opportunity to clerk at a COA or in one of the districts you mentioned then you should have at least a few options post-clerkship.

I'm happy to discuss more in PM's.

Thanks! This is OP, posting on behalf of my anonymous friend. Not sure how to unanonymize myself but you can pm me at theoo

Just hit the gray quotes button to reply and it will show your username.

[TheoO]

I'm clerking in a competitive district court (i.e. SDNY, EDNY, ND Cal, CD Cal) as a fifth year and my previous experience has been pretty helpful in managing the docket and drafting opinions. I had a lot of experience drafting motions coming from my previous firm (a V10 FWIW), but not so much in managing cases or overseeing them over the course of the case. The clerkship has been extremely valuable in that sense, in addition to the other typical benefits like learning new areas of law, discussions with your judge and co-clerks, attending trials/hearings, exposure to real criminal work, and substantial writing experience.

As far a post-clerkship employment prospects, it's pretty hard to predict future prospects because of the pandemic. I know a few COA clerks that haven't received any interviews, but that might be their own self-selection. I have fairly good credentials and interviewed at several firms (more elite boutiques than big law) before receiving an offer. A few firms dinged me pre- and post-interview for being too senior (so annoying), but if you're coming from a V10 and have the opportunity to clerk at a COA or in one of the districts you mentioned then you should have at least a few options post-clerkship.

I'm happy to discuss more in PM's.

OP here. If you want to PM feel free to message thanks!