Massachusetts Superior Court Rescinds Clerkship Offers
Just at the moment, a NASCAR driver that has lost control of his car and is 0.3 seconds from colliding with the wall is in a slightly safer position than a third year law student. The latest terrible news (subscription) comes from the Massachusetts Superior Court:
With this year’s budget cutbacks at the Trial Court, 25 third-year law students are scrambling for jobs instead of preparing for fall clerkships at the Superior Court.The would-be law clerks lost their promised jobs last fall when the Trial Court instituted a hiring freeze, according to Superior Court Chief Justice Barbara J. Rouse.
According to one prospective clerk, who asked not to be named for fear of hurting future job leads, the court’s decision to rescind the clerkships was extremely ill-timed.
According to the story, officials knew there would be a hiring freeze as early as last November or October. But they are just getting around to telling the would-be clerks:
According to a statement issued by Rouse in response to questions from Lawyers Weekly, the clerkship offers “always are contingent on funding.”In light of the 2009 fiscal issues, “we made the conditional nature of the offers even more clear,” Rouse writes. “The absolute hiring freeze implemented by the Trial Court in mid-October and the deteriorating nature of the state’s fiscal condition has precluded the hiring of any new personnel. … I regret that we are unable to benefit from the assistance of these qualified, capable individuals, however, we are managing unprecedented cuts and difficult decisions across the judicial branch.”
Is there some claim, perhaps based on a theory of reliance (i.e. promissory estoppel), that could be relevant here? More details after the jump.
We think at least one law student interviewed by Mass Lawyers Weekly has been reading a lot of Above the Law comment threads:
The law student acknowledges that the letter offering the clerkship contained conditional language, but maintains that the court should have been clearer about its budget problems. Had it done so, the student would have taken a job at a law firm and would not be unemployed now.“They insulated themselves by saying, ‘This is conditional funding,’” the student says. “But the message was, ‘Don’t worry about that.’”
The future lawyer adds: “I relied on what they told me. If you rely on something to your detriment, as I did here, then I might be entitled to some damages.”
One of these days, a law student is actually going to sue somebody based entirely on the Restatment (Second) of Contracts. That day will double as “blogging nirvana” day.
In the meantime, what the heck are the 25 Mass Superior Court clerks supposed to do now? Seriously. Is James Sokolove hiring? Denny Crane? What about the Duck Boat people? Aren’t things bad enough for young lawyers without firing kids just after they graduate from law school?
Good luck 3Ls. Hopefully the economy will recover soon.
Superior Court rescinds job offers to would-be clerks [Massachusetts Lawyers Weekly] (subscription)
Earlier: Maybe Deferred or Laid Off Associates Do Have a Breach of Contract Claim
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Comments
"More safe?" Really?
People clerk for state courts?
§90!!!
Even though the clerkships are just state court trial level...that is the suck.
Elie, were you just thinking out loud? Because I don't see the estoppel claim here.
To put thinks in perspective, this is not really "terrible news." Some people are reporting that Jimmy Carter has died. It's truly a sad day.
Yes, there is a huge claim here. I would encourage suing the Massachusetts State Court in Massachusetts State Court.
I think Elie puts typos in on purpose, like an Easter egg hunt.
Don't forget the implied covenant of good faith and fair dealing, or negligent misrepresentation (which doesn't require establishing an intent to deceive).
Or, fraud in the inducement, which includes knowing failure to disclose material information (e.g., our budget already has been cut).
I don't see the estopple claim. Please expand on how you could make this claim. Mass will argue offers were contingent on budget and they held out hope the hiring freeze would be lifted. I think you need to have negligence claim. Or you really just need to go cry......
6, nobody is reporting that except you, incessantly, on every thread, because although Jimmy Carter is very much alive, you apparently have no life. Loser.
These courts are totally ruining their prestige by canning 3Ls. Did they also cut back lunches for their SAs?
has anyone ever seen more conclusive proof of the under color of state law prong of 1983? i'll let any 3L who can tie rstmt 90 into 1983 to state a claim against these bastards start at my firm in december of 2013, guaranteed. i'll give you a hint: 2. defendant, state trial courts of massachusetts...
LAYOFFS ARE OVER 9,000!
This is what happens to communist states.
I'm pretty sure Elie places typos in his posts to rankle the douches who "call him on it."
Que Sera, Sera (Whatever Will Be, Will Be)
Even the government is rescinding offers!
Proof positive that the Class of '09 is the LOST GENERATION.
Looks like Robert Half the Pay just got 25 more temps for the Boston Bloomberg project.
Section 90 is a fail - you cannot "reasonably rely" on anything anyone in the government says.
Looks like Robert Half the Pay just got 25 more temps for the Boston Bloomberg project.
Its news like this that makes me regret turning down that BIGRESTATEMENTSECTION90LAW job offer.
First sentence = fail on all levels. Harvard gave you nothing but a fancy piece of paper.
In my opinion, the State of Massachusetts did these 25 law graduates a favor. Instead of earning slave wages, these students are now free to apply to become assistant managers at Payless shoestores and make more money than originally offered.
6, who, other than you?
The Mass Superior Court is gonna take a huge prestige hit come around next recruiting season. Nobody will want to work for them - nobody. They will all remember the rescinded offers. Now the Mass Superior Court will have to reach much deeper into future classes before getting any clerks.
27 - Yeah I agree with you. Now Mass won't have top talent, which will lead to judges making too many bad decisions based on no research from clerks. This is really gonna come back and bite them later on.
That's right on the money, 27. Looks like those judges will all be writing their own opinions on the parking ticket appeals next year.
Very shortsighted move by the Mass. superior court.
ASSLOBSTAH!!
http://www.newsday.com/news/nationworld/nation/wire/sns-ap-us-carter-obit,6001090.story
Breaking News. Refresh for Updates.
CARTER OBITUARY -- (AP): "One of the most popular presidents of the 20th century, James Earl "Jimmy" Carter, Jr. redefined the nation's political agenda and dramatically reshaped U.S. priorities in Energy and Education while serving as president from 1977 to 1981.
"As president, Carter created two new cabinet-level departments: the Department of Energy and the Department of Education. In foreign affairs, Carter pursued the Camp David Accords, the Panama Canal Treaties and the second round of Strategic Arms Limitation Talks (SALT II). All of which redefined America's leadership throughout the world.
"In addition to creating Habitat for Humanity, Carter and his wife Rosalynn founded The Carter Center, a nongovernmental, not-for-profit organization that works to advance human rights."
THIS IS BREAKING NEWS. MORE TO FOLLOW.
WHAT 9000!?!?
They have just created more unemployed BC law review graduates.
Given that I have $250,000 in student loan debt and no job, I would rather participate in a breeding program with bald, weird looking-women in the Bene Gesserit who can crunch my nuts just by lifting a pinky instead of being a state court clerk.
31, link's broken, or too much traffic I guess. This is really sad.
Really? 33 comments and no one has brought out the MassachuseTTTs yet? I'm disappointed ATL.
@15: THAT'S IMPOSSIBLE!
I found the missing GITMO TORTURE photos:
http://www.gitmotorturepictures.com/
Elie, this news is more than 2 months old....all the clerks were notified in late February.
Block 31's IP address - f*&king partner swine...sent here to discredit and muck rake. We will find you. Keep the truth alive!
1) #25 I want the old Partner E back
2) There is no place reporting Jimmy Carter is dead.
It is a slow news day and I seriously doubt you have out scooped CNN.
THIS IS GREAT NEWS FOR JOHN McCAIN!!
1) #25 I want the old Partner E back
2) There is no place reporting Jimmy Carter is dead.
It is a slow news day and I seriously doubt you have out scooped CNN.
Maybe one day the clerks who had their offer revoked will go on to do great things, like rewrite the definition of marriage. Oh wait.....
Again the Commonwealth of Massachusetts=FAIL
I'm scared...what is going to happen with my future?
Please remove 40. I'm offended by the language.
FIRST?????
FIRST !!!!!!!!!!!!!!!!!!!!!!!!
Yippeeeeeee!!!!!!!
I have no life......
At least those 25 clerks can rest easy knowing that they elected Barack Hussein Obama, the one man who is tirelessly working out there to quadruple America's deficits and make them progressively worse at least through 2019. The People's Republic of Massachusetts salutes Dear Leader and his glorious 4-year shining path, and reminds its 25 laid-off comrades that it is almost impossible to get a gun there so don't even bother fomenting anything.
These clerkships are crap. They are nowhere near as prestigious as clerking for the New Jersey Superior Court - Appellate Division.
- Seton Hall Prestige
Elie is a whale,
At life an epic fail,
hi-ho-the-deerio
Elie is a whale.
I guess the clerks will have to start working for escort services. That path already has been blazed in this Court.
Elie is a whale,
At life an epic fail,
hi-ho-the-deerio
Elie is a whale.
31, get a life. Or go peruse Monster.com for a document review gig.
I don't know who posted 31, but it wasn't me.
46, have you considered the possibility that you are a pussy?
BUT THE DOW IS UNDER 9,000!
NAMBLA clerkships are still on schedule.
Asslobstah
54 - Please post any links to doc review gigs, I'm hungry and all my old prestige tastes like crap.
Goes to show I was right to turn down the Superior Court Clerkship for a Federal Clerkship in Mass 15 years ago. What losers!
you can't spell eliE mysTAl without EAT EAT EAT EAT
I was a Mass Superior Court Clerk 10 years ago. First gig out of law school. It was OK. For half the year, I was busy for about 5 hours a day, the other half, I read 4 newspapers a day (no internet access back then!). As far a canning people, they’ve done this year. In 2000, they axed half the clerks mid-way through the year. There will always be suckers.
"Just at the moment"? Dude, your intros and overall sentence writing suck ass. You don't always have to force it to try and seem witty. Just report, Elie. Just report.
You can't spell Massachusetts without NAMBLASSLOBSTAH!
Only a true loser would clerk for the trial level of a state court. Bottom line: Who gives a shit.
ATL Editors - PLEASE NOTE. I have been seeing a ton of job ads for judges - both federal and state - who are trying to get deferred associates to work for them for free. I saw one for the Mass Supreme Court. Which means that law firms are now going to be paying people to work for judges??!! What happened to conflict of interest and ethics? Please look into this. All of this free labor is making it even harder to get government jobs.
This is old news. They originally were going to hire 54 clerks, not just 25. The offers were clearly conditional, so this person has no gripe. Plus you could see the writing on the wall when they interviewed in October. Back then, however, it wasn't the crappy economy, it was the ballot initiative that would repeal the state income tax. That didn't pass, but then the economy went to shit anyway, and they cut funding to the courts.
Conflict of interest laws prohibit working for the federal government while being paid by a law firm. Perhaps there are some states that don't have similar conflict laws or maybe "volunteering" is ok. Pretty fishy though.
65, are you a litigator? 2, yes. We work like woah and deal get paid like $20 an hour. I do have 10+ hours of work a day. But luckily, I had a full merit based scholarship to a reasonably priced school, so I have no debts.
Plus, most of us (in my district) were in the top third of our class at a first tier school. It's like a residency for trial law. (Clearly, not as important as whatever 65 does for a living, but beneficial to the majority of people who spend time in court).
another poorly written post, elie mysTTTal
Someone should check for cracks down in the basement of the Suffolk County courthouse.
If you hold the following phrase up to a mirror, you may reveal a promising claim against any employer who rescinds an offer to a 3L:
Class of '09
Masterfully played.
Masterfully played.
MassachuseTTTs
I'd like to thank the state of Massachusetts for adding their 12 electoral college votes to the Democrat column during the last election.
YES WE CAN!
Elie's posts may be full of typos and grammar problems, but at least the couple of jokes made me laugh. keep it up!
denny crane. trix are for kids. cuckoo for cocoa puffs.
"I guess the clerks will have to start working for escort services. That path already has been blazed in this Court."
The person to whom you are referring was a judicial intern. Judicial interns are not law clerks. They are taken on an individual basis by the judges, and are not Court employees.
Hey 60 if you are really 15 years into your career and still crowing about your Federal clerkship and shitting on new law grads, well, that pretty much speaks for itself, you're a jackass.
Several of my friends are current clerks and according them and to my girlfriend, who was one of the future clerks affected by the rescinded offers, this article is not entirely accurate.
The hiring freeze affected all Mass trial courts, including the Superior Courts, Land Courts and the Family and Probate Courts. Back in early October when they conducted their hiring, the courts informed all applicants that their hiring was always conditional on the budget, but, at least to my girlfriend, insinuated that they expected to at least get some funding so that the top applicants would be safe but some of the other potential clerks might get cut. The offer letters in November also indicated that the offer was conditional due to budget restraints. Back in February the courts began mailing the letters to rescind the offers and, as far as I know, all of the future clerks recieved these letters by the end of March.
Not sure why ATL is just picking up the story now, but those affected by this have known about it for a couple months now. Its still terrible and people like my girlfriend were really looking forward to those jobs and there aren't tons of extra jobs laying around to absorb the rescinded clerks, but these people have known for awhile.
Interesting theory, 65. However, I'm a trial clerk and I'm currently sitting on 3 job offers: one in state gov't, one in federal gov't, and one in private practice.
The best part? I only applied for one of them. The other two were simply laid at my feet.
So, how many unsolicited job offers do you have lined up ITE?
32. 32 unsolicited.
NY Unified Court System did something similar. After all appilcations were submitted, they chose not to run the program next year.