I currently work as a 2L for a small firm that pays below the average rate for law student clerks. I’m grateful they even pay me what they do. However, I’d love sound advice for asking for a raise.

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Your goal shouldn't be to get a pay raise as an intern/clerk but to get a full time job offer that achieves your objectives (right type of work for the right pay).

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I understand, and the objective is to get a full time job offer. Does your advice hold true even if the pay is far below the average market rate for the location?

Are you the only 2L at the firm? Can you reduce to writing what you bring to the firm that’s unique, thus justifying a pay above the firm’s norm?

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Your pay would be in proportion to what they bill to the client and the efficiency with which you can get work done. When I clerked for a firm (not so long ago that we need to take inflation into account) they billed the clerks out at $50-90/hr. As we stayed longer and were better at our jobs, they increased what they billed to the client and also increased our pay by roughly 30 cents to us for every dollar increase in billable rate.

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You don’t have a lot of leverage as a clerk, best you can really do is just bring it to the attention of your direct partner that you’re being paid below market (they don’t always know in small firms/markets). Tell them your classmates who are clerks at X Y and Z firms in your city are paid however much, and you’d very much like a raise to the average pay for clerks in your city. Make sure you state that you really enjoy working for them and want to continue to do so, but you wish to be fairly compensated for your time. It’s important you make it known you’re committed (or at least interested) to staying with them so they feel they’re investing in a potential future associate. Do this in person, do not send an email. Also, schedule a meeting to chat about the future, rather than just walk in their office with a demand.
You also could show them law clerk job postings that advertise salary. Or go out and get a competing offer. In case there’s any doubt as to what the market rate really is.

Most firms in my city give their clerks raises after sticking around for a year or advancing a year in school, so if that’s the case for you, you could mention that as well. I clerked at a firm the summer before 1L and they gave me a raise once I started law school. A different firm I clerked for during 1L summer (and currently do) just gave me a raise from what I was making over the summer since I stuck around through year-end and have done good work.

If they know you’re being under paid and tell you to kick rocks after asking for a raise, then find a new job that pays what you believe to be fair. There’s a couple small firms around my area that pay a good 30% less than comparable firms and can’t lure in a clerk or retain an associate no matter how hard they try. Your firm will get the picture.

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Thank you for such a coherent response! I’ve been thinking of starting to look around again and getting a competing offer. My current firm is aware of my long terms goals with them. Thank you again!

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I would do some research - do you have any friends at comparable sized law firms to show that your firm is below average?

I do and I’ve done research/seen other offers with significantly higher pay.

Do they routinely hire law students? Do they give you flexibility for classes, finals, and OCI? If so, your salary takes this into account

I was in this situation once. I knew the lower salary was due to the flexibility, and I loved the fact that I worked somewhere where my classes came first.

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