I got barred last year and have been working as an associate at a firm. It’s been great, I love it. Recently I received an opportunity to clerk in federal court, but obviously I would have to leave my current firm (and take a pay cut).

I’m leaning towards the clerkship, but I would really like to come back to the firm after. How could I go about negotiating that, as well as a higher salary upon my return? I’ve never discussed a clerkship with them so I don’t know firm policy with that.

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Do it. Amazing experience that will change your life. Go talk to your main partner. Tell the this opportunity came out of the blue and you feel like you need to do it even though you love what you have been doing at the firm. Unless they are insane or a total a-hole they will approve it. Many firms offer a clerkship bonus and higher salary or a class year bump for firmer clerks but don’t try to negotiate that or your return now. After a year or two you will have more options than you do now and a lot more information about the market. If the firm wants you back you can go back. Right now it’s all about you getting a rare and exceptional experience.

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Build yourself a gap. I took 6 weeks off between a district court clerkship and my current role. I did a 5 week round the world trip. Business class on points. Once in a lifetime stuff. I had to play very coy about when "i was available to start" versus when my clerkship ended, but I'd do it again in a heartbeat.

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Congratulations! Yes, take the clerkship. You will learn how judges make decisions, and you will probably draft opinions. It’s a whole different world.
BTW, why do you say you were “barred,” rather than “admitted”?? (Yes, I’m a boomer…)

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Thank you! And, I’ve heard it both ways—didn’t realize it might be a generational thing haha.

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Is it with a magistrate judge or a district court judge?

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Thank you for the insight!

i know someone who did this. definitely take the clerkship and speak to your boss about returning once you’re done. i doubt they will say no. this clerkship will make you a more valuable asset to them! i would imagine you’d be entitled to a raise upon returning just because you would have another class year under your belt + massive federal court experience, but i could be giving the benefit of the doubt. either way, i would have a list of reasons WHY the clerkship will help further your career and skills, why you are worth the raise upon your return, and how the clerkship experience will ultimately benefit your firm.

best of luck and congrats!!

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Thank you!!

I clerked for an MJ to fill a year before moving on to an A3 clerkship and the clerkship “boost”
for an MJ is much less significant (and some firms don’t care about MJ clerkships at all). Also depends on the jx, as some places use their MJs for substantive work while others don’t - you need to figure out how it works in your jx. Finally, any bump you’d get for an MJ clerkship disappears if it’s not in the jx where you’ll eventually practice. A 5th Cir. clerkship is less valuable for an attorney in NY than an EDNY clerkship, for example, and this is even more true for MJs. Just some things to think about.

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Thank you for your insight!

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