When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
I am an assistant clerk at a state court. I graduated in May 2010 and worked hard to find a decent job after taking the July bar. I have noticed over my past few months that a co-worker, also a 2010 law school graduate, has told at least a few pro se parties and attorneys in the court that he is a lawyer. This would be fine except for the fact that he has not taken the bar in any state. It particularly annoys me because I am a graduate of a top tier school in the same state as his third tier school and I have taken and passed the bar in two states while he seems to have spent the summer doing nothing. I only inform attorneys and parties that I am a licensed attorney when specifically asked because the court is suppose to stay neutral and we are not allowed to give legal advice. I recently tired to point out to him that he is not a licensed attorney and should not tell or imply to people that he is. He made some BS distinction between a lawyer and an attorney that made it ok for him to say he’s a lawyer. Need less to say I’m didn’t buy it. I cannot believe that the parties contacting our office with questions would understand the difference between his definition of lawyer and attorney….
There was a time in this country where the holiday season was a time to be rewarded for a good year of work. People received bonuses. People received pay raises, so their salaries could keep pace with their growing experience and maturity (or at least keep up with inflation).
The America where that kind of stuff happened now only exists in memory. In post-recession (or mid-double-dip-recession) America, the holidays are a time when the people at the top jealously guard their wealth, while everybody else tries to figure out how to make “sacrifices” for the greater good.
Usually, this type of thing can be seen most clearly in the private sector (click here for Above the Law’s coverage of bonus season). But today the Obama administration is getting into the holiday spirit by freezing salaries on federal employees for two years.
So, if you’re a J.D. holder who joined the Department of Justice or another federal agency to escape the Biglaw recession, the pay cut you thought you were signing up for just got bigger.
And it probably also means that a few federal attorneys will be trying to get back into the private sector — which will be great, because it’s not like the market for attorneys is oversaturated or anything….
Justice Antonin Scalia, being interviewed by Jan Crawford of CBS News at the Federalist Society's annual dinner in Washington, DC.
On Thursday evening, I had the great pleasure of attending the annual dinner at the Federalist Society’s National Lawyers Convention, in Washington, D.C. The event — attended by an estimated 1,400 people, and held in the cavernous ballroom at the Omni Shoreham — featured, as always, conservative and libertarian legal luminaries galore.
(Did Judge Diane Sykes just air-kiss Judge Diarmuid O’Scannlain? Isn’t that Ken Cuccinelli over at the bar? What might Judges Brett Kavanaugh and Jeff Sutton be discussing so intently — maybe the latest clerks they’ve placed at the Supreme Court? Whoa — Ted Olson chatting with Justice Samuel Alito! Be still my heart….)
The highlight of the evening was the interview of Justice Antonin Scalia by Jan Crawford, chief legal correspondent of CBS News (who was looking fabulous in a black dress with open sleeves). The justice was in fine form, hilarious and freewheeling in his remarks….
With a new Term underway, the Supreme Court geeks among you might want to check out, and sign up for, FantasySCOTUS. You can read about it here and register here. (There’s also an educational version for the kiddies.)
The SCOTUS geeks among you might also be interested in the continued action on the law clerk hiring front. In the wake of last week’s post, we received news of several more hires for October Term 2011. Thanks to everyone who contacted us with information; we can’t perform this clearinghouse function without your help.
Without further ado, let’s look at the latest hires for OT 2011….
Monday, October 4, marked the start of a new Supreme Court Term — October Term 2010, to be more specific. It also marked the first day of oral arguments for the newest member of the Court — Lady Kaga, aka Associate Justice Elena Kagan. As Justice White famously observed, a new justice makes a new court.
New Term, new justice, new court — and that’s not all that’s new in SCOTUS-related matters. There’s a new conservative sheriff in town, at least according to Jan Crawford. There’s a new book out about the Court — the long-awaited biography of Justice Brennan, by Seth Stern and Stephen Wermiel.
And, of course, we have new Supreme Court clerk hires to report, for the Term after this one — October Term 2011. Not all the justices are done hiring, at least as far as we know; but if you covet a Supreme Court clerkship, accurately described by Adam Liptak as “the most coveted credential in American law,” you should know that the window of opportunity is closing — fast. One justice has even hired a clerk for October Term 2012.
[T]hat’s how law clerks are hired. That’s how baristas at Starbucks are hired. You have to ask these open-ended questions because as an employer, you don’t really know… where the pressure points or danger spots in an individual application are.
– Acting Solicitor General Neal Katyal, comparing hiring law clerks to hiring Starbucks baristas, during oral argument in NASA v. Nelson.
In yesterday’s discussion of federal law clerk hiring, a process that is currently in full swing, we flagged an interesting issue regarding clerks who are not U.S. citizens. A recent change in the law appears to bar paying federal government salaries to non-U.S. citizens (subject to some narrow exceptions, such as holders of refugee or asylum status). This legal change would appear to create problems for (1) non-citizens already hired for clerkships that have not yet started and (2) non-citizens applying for clerkships at the current time.
When asked about this issue earlier this month, the Administrative Office of the U.S. Courts declined comment to the Blog of the Legal Times. But we now have an idea of what the Administrative Office thinks about this subject, based on a guidance memorandum that James Duff, the director of the AO, issued to federal judges last month.
Please hire us! We're Americans! Want to see our passports and birth certificates?
It’s that time of the year again: clerkship application season. Here is the requisite open thread for discussion, where you can trade news and gossip about which courts and judges are hiring, which ones are done, which clerkships are great, and which clerkships you’ll hate.
Pursuant to the 2010 Law Clerk Hiring Plan for federal judges, applications could be received last Tuesday, September 7. Today, September 13, is the first day when judges can contact applicants to schedule interviews. The calls were allowed to go out at 10 a.m. Eastern time (sorry, Californians). Interviews can be held and offers can be made starting on Thursday, September 16, at 8 a.m. Eastern time (again, our sympathies to Californians; but think of it like Christmas morning, when waking up early brings joyful news of a gift).
Word on the street is that the Plan is starting to break down, with an increasing number of judges, including some of the most prestigious and popular ones, hiring ahead of the deadlines. Getting federal judges to follow rules isn’t easy; they’re used to making the rules, not obeying them.
Furthermore, the Plan by its terms “does not cover applicants who have graduated from law school”; these applicants may be interviewed and hired by judges at any time. More and more judges are going down this path and hiring law school graduates rather than 3Ls, which (1) gives them clerks with more experience, either in practice or in another clerkship, and (2) allows the judges to avoid the mad scramble for talent under the Plan.
How competitive will the hunt for federal judicial clerkships be this year? Let’s discuss….
I was wondering if you could do a post about when/how we should tell our firms that we have accepted a clerkship offer — particularly if the clerkship is not a super prestigious one (i.e., fed magistrate), and if we have not yet started at the firm (in my case, because I chose to defer for a year).
I am nervous about telling my firm, before I start, that I plan to leave to clerk less than one year after starting. Even after starting, I have heard stories of people who tell their firm they are clerking getting taken off of all interesting work (the explanation being that they may not be there by the time the matter goes to trial). Please advise!
– My Baby’s Got a Secret
Dear My Baby’s Got a Secret,
Today is Day Two of Rosh Hashana — an especially bad day to tempt fate. You see, on RH, God tentatively pencils you into either the Book of Life or the Book of Death. Not that I’m accusing God of stealing the whole concept from One-Minute Mysteries and Brain Teasers, but honestly it DOES sound suspiciously like the riddle on page 43 with the doors to heaven and hell and one of the guards is a liar and you can only ask one question…
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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