Clerkships

From 'Alaska in Pictures': A beaver

Moving from sunny California to cold, rainy, snowy Anchorage might make a person a little crazy. A man who went to law school in San Diego might miss lying on the beach, walking the boardwalk, and seeing the city’s good-looking population in skimpy summer clothes. Such a man might find another way to see people in a state of undress, perhaps by planting a hidden camera in his bathroom.

That’s what a federal law clerk, Daniel Eisman, is accused of doing. The UCLA and University of San Diego School of Law grad was clerking for Judge Timothy Burgess (D. Alaska). According to the Anchorage Daily News, Eisman was arrested on May 6, after allegedly shooting video of his co-workers undressing and using the bathroom at his home and a family cabin.

How was his scheme uncovered? A fellow clerk was at his house babysitting. When she went on to his computer, she noticed a file with her name on it…

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Justice Clarence Thomas — who tends to hire clerks from a wide range of law schools, including some schools far outside the so-called “T14″ — has had to defend himself against (unfounded) allegations that his clerks are “TTT” (an epithet so ridiculous it always makes us laugh). At the same time, because he’s the justice tasked with going to Capitol Hill to beg for money to testify in support of the SCOTUS budget request, he also has to defend the Court against charges of elitism in law clerk hiring, leveled by grandstanding lawmakers.

Hiring law clerks from Ivy League law schools: damned if you do, damned if you don’t.

For this coming Term, October Term 2010, Justice Thomas has steered his chambers back in the direction of elitism. All of his clerks for OT 2010 hail from top schools.

So, who are they?

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Career Center AboveTheLaw Lateral Link ATL.jpgOur recent Career Center survey asked about whether the recession has affected clerkship bonuses and law firm hiring of clerks.  Of respondents at law firms, a slight majority — 57% — indicated that their firms are not interviewing judicial clerks for Fall 2010 positions.  Of respondents who are currently clerking, only 30% indicated that they have a position for Fall 2010 or have even been able to get interviews for such positions.  Despite these depressing statistics for post-clerkship employment, a majority of law student respondents indicated that they are planning on clerking after law school. 

Check out the full survey results after the jump — and visit the Career Center, powered by Lateral Link, for more on clerkship bonuses and hiring trends at firms across the country.

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Supreme Court 6 Above the Law blog.jpgOur obsession with Supreme Court clerks is longstanding, dating back to our blogging for Underneath Their Robes (where we used to profile SCOTUS clerks). And it seems we’re not alone in lusting after the Elect.

Apparently oral argument makes people think of other oral activities. Check out this “Missed Connection” from Craigslist:

Law clerk at SCOTUS honest services argument – w4m (Supreme Court Building)

We were both there to hear the honest services arguments, which were fascinating. You were siting with the law clerks, I think, so I’m wondering if you’re one of them. You looked slightly older and more mature than the rest of the people you were sitting with. You’re quite handsome and I enjoyed watching you as you followed the arguments. Too bad you left at the case break–I’d been trying to catch your eye. (I was sitting in the front row of reserved seating.) I promise that if you agree to meet me for dinner that I won’t mention Black or Weyhrauch. What say you?

If you’ll forgive the quibbling, this posting is subpar; it’s missing some information. First, the poster has omitted her age (which typically goes after the “w4m”). Second, she offers little identifying information about herself (e.g., “I was wearing a red scarf”).

Third, she offers little identifying information about the clerk, other than that he’s “more mature” and “quite handsome.” We suspect that every male Supreme Court clerk fancies himself “more mature” and “quite handsome.”

Typically a missed connection involves, well, a “connection.” The lack of identifying information suggests that no such connection was forged here. But we admire the poster’s effort.

This is not, by the way, the first time a CL “Missed Connection” has arisen out of a Supreme Court argument.

double red triangle arrows Continue reading “Looking for Love in All the Wrong Places? A Craigslist ‘Missed Connection’ at the SCOTUS”

Gerard Lynch Judge Gerard E Lynch Gerard Edmund Lynch Second Circuit SDNY.jpgOn Monday, November 16, we attended an interesting talk by Judge Gerard Lynch, formerly of the Southern District of New York and now on the Second Circuit. He spoke before the Regis Bar Association, a group of lawyers and law students who are graduates of our shared alma matter — Regis High School, an all-boys Catholic school run by the Jesuits, located here in New York.

As one would expect from a federal judge, especially one in a high-powered city like NYC, Judge Lynch has an amazing résumé. He graduated first in his class from Regis, first in his class from Columbia College (1972), and first in his class from Columbia Law School (1975). He clerked for Judge Wilfred Feinberg on the Second Circuit, followed by Justice William Brennan on the Supreme Court. Prior to his appointment to the district court in 2000, Judge Lynch was a law professor at Columbia, worked in private practice (at a firm that would later become part of Covington & Burling), and served as an assistant U.S. attorney in the legendary U.S. Attorney’s Office for the Southern District.

In September, Judge Lynch was confirmed to the Second Circuit by a vote of 94-3. He was the first Obama appointee to be confirmed to a circuit court.

Judge Lynch began his remarks to the RBA by discussing his background. He explained that he came from working-class roots and was the first in his family to graduate from college. He also noted that government lawyers and judges don’t make very much money: “As a public servant, first-year associates at large law firms have generally made more than I have,” he observed, before adding: “Thanks to the recession, that’s changed.”

(A federal district judge, which Judge Lynch was until his recent elevation, earns $169,300 a year — a bit above the New York starting salary of $160,000. As a circuit judge, he now earns $179,500. If Judge Lynch were to become Justice Lynch — he is sometimes mentioned on Supreme Court shortlists, although being a 58-year-old white male doesn’t help — he would earn $208,100, as an associate justice. Despite many years earning a government salary, Judge Lynch has done well for himself; his financial disclosures reveal a net worth of $1.6 million, with zero debt.)

Judge Lynch described being a trial judge as “the greatest job you can have.” Find out why, after the jump.

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(And a defense of elitism in law clerk hiring.)

Supreme Court hallway Above the Law Above the Law Above the Law.JPGThe National Law Journal suggests that the down economy could be hitting the pockets of the Elect. Some firms are suggesting that the $250,000 bonus to hire a former Supreme Court clerk is just too expensive in today’s economy:

At firms that have been shaken by the downturn, however, a $250,000 bonus will be hard to sell, some practitioners say. “Intuitively, it doesn’t feel right to pay that kind of bonus when you are trying to make economies wherever you can at the firm,” said veteran advocate Carter Phillips, managing partner at Sidley Austin’s Washington office. Thomas Goldstein of Akin, Gump, Strauss, Hauer & Feld, where there have been cuts, agrees that it’s tough to justify a $250,000 bonus when a firm is considering letting go a staff person paid $50,000. Because of that juxtaposition, he predicted bonuses will shrink — though he said it’s too early in the hiring season to say how much. “The number of firms willing to pay that amount of money will be down.”

But surely these firms aren’t talking about collusion, are they? SCOTUS clerks command top dollar, and firms that are struggling can’t artificially deflate the price for this top talent — even if they want to:

Firms won’t be sorry to wave goodbye to what Goldstein calls the “incredible escalation” that the $250,000 bonus represents. Even before the recession, firms were grumbling about it because of a recurring pattern: Some clerks grab the bonus, work at the firm for a year or three, then skip off to academia with loans paid off and kids’ tuition in the bank. “Firms are going to be more interested in clerks staying around and practicing law,” [former solicitor general Paul] Clement said.

While some firms might be priced out of the Elect market, we are still talking about a “recession-proof” set of credentials.

More after the jump.

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Mass seal.JPGJust 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.

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100 dollar bills clerk clerkship bonuses Abovethelaw Above the Law legal tabloid.jpgIn our recent New York Times op-ed piece praising lavish signing bonuses for Supreme Court clerks, we wrote that the bonuses “are expected to reach $250,000 this year — paid on top of starting salaries approaching $200,000.”

Some people have inquired into the factual basis for our statement. As it turns out, we did some actual reporting to support it. The reporting never made it into the final op-ed piece, but we’re happy to provide the details here.

If you’re curious, read the rest of this post, after the jump.

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