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Supreme Court Clerkship Bonuses: What Do You Think?

The issue of hefty signing bonuses for Supreme Court clerks has generated lively discussion in the comments, as well as on other blogs.

You clearly have strong views on the subject — and we’re curious about them. So it’s time for one of ATL’s (hugely unscientific) reader polls:

Lithwick on the Supreme Court Signing Bonus [PrawfsBlawg]
That Phat $200,000 Supreme Court Law Clerk Bonus [WSJ Law Blog]
What to make of those astronomical Supreme Court signing bonuses? [Slate]

Earlier: Supreme Court Clerks: Do They Live Up to the Hype?

Comments

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1 Posted by I don't get it | Permalink Monday, March 12, 2007 4:16 PM

Why are you voting in a poll if you have no opinion?

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2 Posted by Loyola 2L | Permalink Monday, March 12, 2007 4:39 PM

What kind of bonus do small claims court clerks get?

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3 Posted by anon | Permalink Monday, March 12, 2007 4:41 PM

4:16 - It's intended to measure the % of people who don't care. I like it.

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4 Posted by Left Coast 2L | Permalink Monday, March 12, 2007 4:43 PM

This is just another example of law firms paying for credentials. Since law school doesn't really prepare you for the actual practice of law, all the firms are paying for is someone who can fill up a decent attorney bio page.

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5 Posted by Economics | Permalink Monday, March 12, 2007 4:51 PM

Well, considering that those with Supreme Court credentials would have probably been hired at those firms right out of law school, they potentially sacrificed $100K worth of salary for each year they remained a clerk. (SCOTUS clerks get paid around 60K). For those not privy to mathematics, that's 160K (current first year salary) - 60K. Add the bonus at these firms and that's another $35K at the least.

So, it's not as if these clerks are getting a complete windfall here, they are almost in the same place as any one else in their class year, albeit, with much better future prospects.

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6 Posted by Privy to Grammar | Permalink Monday, March 12, 2007 5:17 PM

"[F]uture prospects" as opposed to past prospects.

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7 Posted by Adam Smith | Permalink Monday, March 12, 2007 5:30 PM

Since the bonus is set by market forces, doesn't it have to be just right?

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8 Posted by wgwag | Permalink Monday, March 12, 2007 5:48 PM

WHITE GIRLS WITH ASIAN GUYS!!!!!!

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9 Posted by grass is green | Permalink Monday, March 12, 2007 5:58 PM

adam smith,

not necessarily. there are all sort of reasons why markets may not be "just right" (e.g., information asymmetries)

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10 Posted by guest | Permalink Monday, March 12, 2007 6:01 PM

i doubt it that those who are voting "too high" would feel that way if they were receiving those bonuses.

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11 Posted by Anonymous | Permalink Monday, March 12, 2007 6:42 PM

I think the real question is the vetting process for many of these clerks. I clerked in the D.C. District court and knew quite a few D.C. Circuit clerks who acquired S.C. clerkships prior to drafting an opinion because they went to Yale and clerked for the "right judge." I think the fact that there are "feeder" judges is even more problematic . . .

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12 Posted by confused | Permalink Monday, March 12, 2007 6:55 PM

I think I understand the joke behind Loyola 2L. It's that the poster is intentionally unfunny and repetitive to the point that one wants to kill him or her. But could someone explain the "WHITE GIRLS WITH ASIAN GUYS!!!!!!" thing? I'm lost there.

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13 Posted by guest | Permalink Monday, March 12, 2007 8:19 PM

If people choose to make the money-for-prestige tradeoff, they shouldn't get some sweet backend deal at the end of it. That's absurd. Their reward is that they got a prestigious job that thousands of lawyers only WISH they could have. If that's not enough for them, then they can spend those two years actually toiling away at a law firm, rather than living their charmed ivory tower lives.

They're not all THAT much smarter than their classmates who didn't get clerkships. Do you seriously think that the person who goofed and got one B her second year at HLS is worth SO MUCH LESS than the one who got the A and, therefore, the clerkship?

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14 Posted by Spectater | Permalink Monday, March 12, 2007 10:20 PM

Dear econ dorks,

Zzzzzzzzzzzz.....

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15 Posted by anon | Permalink Tuesday, March 13, 2007 2:02 AM

econ - it is becoming much more common for the supremes to hire clerks after a year or two at big law, thereby raising their clerkship salaries to over 80. and it is no longer a secret among potential clerks that a year at a firm makes a big difference in pay. ergo, they are even better off than you state.

as - the notion that markets are "correct" is complete bs. adam smith did not believe it either. his 'invisible hand' was consistent with substantial regulation. if markets are always 'just right,' explain the recent action in subprime mortgage lenders.

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16 Posted by guest | Permalink Tuesday, March 13, 2007 9:43 AM

Anon 2:02: Salaries for Supreme Court clerks, unlike clerks at other levels of the federal judiciary, do not increase based on prior experience. That is, all Supreme Court clerks receive the same salary.

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17 Posted by guest | Permalink Tuesday, March 13, 2007 10:08 AM

Correct. So, for example, if a NY 5th year went to be a SCT clerk for 60k, taking the missed salary and bonus into account, he/she would actually lose money. Certainly no windfall. Some firms pay full salary while an associate is loaned to a pro bono organization. Firms should also be willing to bring people who clerk back up to full salary.

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18 Posted by guest | Permalink Tuesday, March 13, 2007 1:10 PM

This is ridiculous. Supreme Court clerks are the "elite" of the law school students. That's not to say that there are others in law school that are extremely intelligent, but SCOTUS clerks obviously achieve a certain amount of prestige over the rest of the lot. Compare SCOTUS clerk salaries and resultant bonuses with those of other elite professions, and they are not out-of-line. Look at investment bankers, pro athletes, etc.

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19 Posted by PrestigeWhore | Permalink Tuesday, March 13, 2007 2:13 PM

8:19 PM

Yes.

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20 Posted by Eric C | Permalink Tuesday, March 13, 2007 10:01 PM

As I wrote in an earlier thread, I don't begrudge these clerks their bonuses. If the firm gets to brag about clerks, then they've got to create a financial incentive to obtain those bragging rights. As to whether they're far and away better lawyers than their peers, I have no doubt that SCOTUS clerks are incredibly talented and intelligent - certainly more talented and intelligent than I am - and that they're more than up to the challenge of working in a large law firm. That said, I do think that there's a prodigal son mentality in that SCOTUS clerks are immediately given a chance to shine at these places whereas others in their class had to slog through shit assignments with crazy partners. SCOTUS clerks are set up to succeed, as they should be considering what they bring from their clerkships to the firm. The rest of us? Not so much.

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21 Posted by guest | Permalink Wednesday, March 14, 2007 2:06 PM

"I have no doubt that SCOTUS clerks are incredibly talented and intelligent"

Nor I.

"and that they're more than up to the challenge of working in a large law firm"

Um... because being treated like gods and fed peeled grapes while you sit in an ivory tower writing the law of the land and thinking deep, unpragmatic, academic thoughts, and treated as though you shit solid 24-karat gold, makes you qualified for the bitch-slap that is young associate life? Um... right.

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22 Posted by Me | Permalink Wednesday, March 14, 2007 9:42 PM

Not all SC Clerks take the $$$ and run - many go straight into academia and government jobs.

I think $200,000 is fine for a bonus, I honestly think it should be higher (in addition, other federal clerkships should get a bump in the 15K-35K that they normally get).

I'm taking out $180K in loans to go to school - I need some way to pay them back.

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23 Posted by Loyola 2L | Permalink Wednesday, March 14, 2007 9:45 PM

Some traffic court clerks go into academia too. I hope to teach DUI law Wednesday night at the highschool.

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24 Posted by Anonymous | Permalink Thursday, March 15, 2007 6:40 AM

Why does everyone toss around the $200,000 number? I heard that some SC Clerks were given a $250,000 bonus last year. One friend of mine clerking on the Court was already offered that much this year by at least one firm.

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25 Posted by Eric C | Permalink Friday, March 16, 2007 7:59 PM

"Um... because being treated like gods and fed peeled grapes while you sit in an ivory tower writing the law of the land and thinking deep, unpragmatic, academic thoughts, and treated as though you shit solid 24-karat gold, makes you qualified for the bitch-slap that is young associate life? Um... right."

Hey, you said it, Anon 2:06 - not me :).

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