Small Law Firms

Just Finished Your Clerkship? Start Your Own Law Firm.

You're more experienced than you might think.

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For most courts across the country, August marks the changing of the guard when a new class of law clerks comes onboard and their predecessors move on to other pastures. And those pastures are greener — quite literally — for some departing law clerks whose the future is filled with six-figure law firm signing bonuses, plum political appointments, or a cushy jobs in academia. But for the majority of clerks (particularly those with less prestigious assignments as state district courts or for administrative law judges), the options are less inspiring: starting at the bottom rung of the ladder at Biglaw, working as a line prosecutor or at a government agency, or working document review or e-discovery gigs. And it’s to this group that I suggest, go forth and start your own law firm and do it now! Here’s why.

Responsibility Many law clerks are accustomed to having the ear of their judge, writing early drafts of opinions or even recommending a proposed resolution, and bossing around experienced attorneys with cases before the court. As a result, an entry-level position at Biglaw or a government agency which entails reporting to intermediary supervisors who themselves are three degrees of separation from decision makers, listening in silently on interminable strategy calls, or running through due diligence checklists feels like a step backward. By starting their own firm, former law clerks can bypass this nonsense and function as first in command from the get-go.

Experience In contrast to law school grads starting a firm right after law school, law clerks have the benefit of a year’s worth of training. By the time a clerkship ends, law clerks are fluent with the applicable procedural rules and will have picked up substantive knowledge from reading the parties’ briefs and researching the legal issues before the court. Moreover, having spent a year or more observing appellate arguments, motions or trials, law clerks actually have a good idea of what to do and what not to do in the courtroom.

Marketable Skills  Best of all, law clerks have specialized knowledge that most lawyers lack — and would pay to acquire — regarding the ins and outs of practice before a particular court. Though former clerks are generally prohibited from sharing their judge’s personal peccadilloes or ideological views, there’s nothing that would prevent former clerks from marketing themselves as “sherpas” who could offer insights to lawyers on matters like how to best present a case to a court, the optimal time to file a motion to compel discovery or a judge’s preferred font. Plenty of lawyers would pay top dollar to obtain this insight — and it’s surprising to see that there aren’t many former clerks selling this type of service.

Prestige Even ordinary clients understand that there’s some prestige associated with judicial clerkships — which can give former law clerks a significant advantage when it comes to competing for clients.

No Golden Handcuffs But Not Destitute In contrast to lawyers who start a firm right out of law school, law clerks have the advantage of a year or two of earnings — albeit modest — under their belt thus enabling them to pay down some debt or even save up a few thousand dollars. As a result, a former law clerk may be better positioned financially to start a practice than a new grad. But on the flip side, in contrast to a third or fourth-year associate leaving Biglaw, law clerks haven’t yet become accustomed to $200k salaries and the accouterments that come with it.

For those law clerks who haven’t gotten six-figure bonus offers, don’t fret. Those bonuses pale by comparison to the seven-figures that many other solo professionals (with far less experience or education) are earning through online businesses and other entrepreneurial ventures. And even if that income doesn’t pan out, starting your own law firm sure beats document review or low-rent freelance work.

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Carolyn ElefantCarolyn Elefant has been blogging about solo and small firm practice at MyShingle.comsince 2002 and operated her firm, the Law Offices of Carolyn Elefant PLLC, even longer than that. She’s also authored a bunch of books on topics like starting a law practice, social media, and 21st century lawyer representation agreements (affiliate links). If you’re really that interested in learning more about Carolyn, just Google her. The Internet never lies, right? You can contact Carolyn by email at elefant@myshingle.comor follow her on Twitter at @carolynelefant.

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