Clerkship offer accepted before SA offer Forum

[Anonymous User]

I've seen posts referencing this issue but am looking for some more concrete advice.

I'm a summer associate at a AmLaw100 firm graduating 2024. I just accepted a district court clerkship beginning 2025-26 but have not received a return offer from the firm. If I were to receive a return offer (I have no reason to expect otherwise) I'd be at the firm for over a year before leaving to clerk.

I am inclined to tell the firm about the clerkship, as they already told us they will ask about interest in clerking at our summer exit interviews. I also think they might find out about it anyway as some of the partners on the hiring committee are well connected to the judge I am clerking for. I am worried telling the firm I would be leaving a year after starting as an associate will hurt my chances at a return offer. I really see myself at this firm long term and think I have made that clear, but still looking for advice. Thanks in advance.

[Anonymous User]

I've seen posts referencing this issue but am looking for some more concrete advice.

I'm a summer associate at a AmLaw100 firm graduating 2024. I just accepted a district court clerkship beginning 2025-26 but have not received a return offer from the firm. If I were to receive a return offer (I have no reason to expect otherwise) I'd be at the firm for over a year before leaving to clerk.

I am inclined to tell the firm about the clerkship, as they already told us they will ask about interest in clerking at our summer exit interviews. I also think they might find out about it anyway as some of the partners on the hiring committee are well connected to the judge I am clerking for. I am worried telling the firm I would be leaving a year after starting as an associate will hurt my chances at a return offer. I really see myself at this firm long term and think I have made that clear, but still looking for advice. Thanks in advance.

This is really really common (leaving after a year to clerk, I mean), and if you are lit associate at a firm that has already said that they're going to ask about interest in clerking, it sounds like they value their associates having that experience and will be happy about it. Also, if the partners on the hiring committee are well connected to the judge, it will probably reflect well on you that this judge chose you, and they will also probably not want you tell this judge that they no-offered you because of the clerkship, at the risk of pissing the judge off.

The one caveat is that it's impossible to predict the firm's exact economic position at the time they make you a return offer and/or when you finish your clerkship and want to go back to the firm. I doubt that they will no-offer you now for having the clerkship, but it is possible that once you leave and are gone for a year, they may not find room for you to come back after you finish the clerkship, if the economy tanks really badly for lit associates. But you've accepted the clerkship already (which I think is definitely the best move), you will doubtless have other options at the end of it, and you will have a year to make a good impression on the firm, so it isn't worth worrying about that purely hypothetical situation now.

Okay, a second caveat - what is their usual offer rate? If this is a firm that has a Hunger Games approach to return offers, maybe there's some risk, but if they have the standard high offer rate, I don't think this a reason to no-offer you.

Besides, if they're going to ask you about clerking in the exit interview, you will pretty much have to tell them (lying seems like a no-go given their connections to the judge), so you might as well tell them now.

[Anonymous User]

I've seen posts referencing this issue but am looking for some more concrete advice.

I'm a summer associate at a AmLaw100 firm graduating 2024. I just accepted a district court clerkship beginning 2025-26 but have not received a return offer from the firm. If I were to receive a return offer (I have no reason to expect otherwise) I'd be at the firm for over a year before leaving to clerk.

I am inclined to tell the firm about the clerkship, as they already told us they will ask about interest in clerking at our summer exit interviews. I also think they might find out about it anyway as some of the partners on the hiring committee are well connected to the judge I am clerking for. I am worried telling the firm I would be leaving a year after starting as an associate will hurt my chances at a return offer. I really see myself at this firm long term and think I have made that clear, but still looking for advice. Thanks in advance.

This is really really common (leaving after a year to clerk, I mean), and if you are lit associate at a firm that has already said that they're going to ask about interest in clerking, it sounds like they value their associates having that experience and will be happy about it. Also, if the partners on the hiring committee are well connected to the judge, it will probably reflect well on you that this judge chose you, and they will also probably not want you tell this judge that they no-offered you because of the clerkship, at the risk of pissing the judge off.

The one caveat is that it's impossible to predict the firm's exact economic position at the time they make you a return offer and/or when you finish your clerkship and want to go back to the firm. I doubt that they will no-offer you now for having the clerkship, but it is possible that once you leave and are gone for a year, they may not find room for you to come back after you finish the clerkship, if the economy tanks really badly for lit associates. But you've accepted the clerkship already (which I think is definitely the best move), you will doubtless have other options at the end of it, and you will have a year to make a good impression on the firm, so it isn't worth worrying about that purely hypothetical situation now.

Okay, a second caveat - what is their usual offer rate? If this is a firm that has a Hunger Games approach to return offers, maybe there's some risk, but if they have the standard high offer rate, I don't think this a reason to no-offer you.

Besides, if they're going to ask you about clerking in the exit interview, you will pretty much have to tell them (lying seems like a no-go given their connections to the judge), so you might as well tell them now.

Thanks for the reply. This tracks my thinking exactly (caveats after caveats lol). But frankly I am most worried about the year before the clerkship rather than after (naturally, because of loans). Their offer rate is almost always 100% from what I can tell, and they keep a smaller summer class it seems to maintain this.

I've think being open about it is the best option too. The firm does defer return offers for clerks who go right out of law school, so the rational side of my brain is telling me my situation is distinction without much difference. But yeah, hiring is highly dependent on economic position, and I get that.

One of the mid-level associates (who also clerked, but lateraled in) also pointed out something to me that makes a lot of sense, that I would appreciate any takes on. Most of the coordination of the summer program is through the recruitment team and they have vastly different perspectives on clerkships than the hiring committee/partners. To recruiting, a clerkship is a headache, making it harder to predict hiring cycles. To the attorneys who actually make the hiring decisions, a federal clerkship is invaluable experience, and all of the lit partners who didn't do one wish they did. Not sure if this perspective has legs, but considering that any time I mention a clerkship to the recruiting team they give a look of disgust, I found it somewhat comforting. The partners on the other hand have all loved that I have the opportunity to clerk.

Overall, I am confident in my decision to accept. It still is a bit unnerving having thrown a wrench in the hiring decision.

[Anonymous User]

Don't be unnerved. You haven't thrown a wrench in anything, because this happens ALL the time. And no, there's no difference between you and someone clerking right out of school; if they defer for the one, they'll keep your job open for you. You're overthinking this.

Also, the distinction between recruiting/actually hiring is completely reasonable one.

Don't worry and look forward to your clerkship!