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Ethics/Professional Responsibility

Jun. 18, 2013

Hiring former federal appellate clerks raises special ethical issues

Former clerks and the law firms that hire them must be aware of rules that preclude these clerks from working on matters that were pending during the clerks' clerkship terms.

Amy L. Bomse

Shareholder
Rogers Joseph O'Donnell, PC

Duke Univ SOL; Durham NC

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Puja A. Mehta

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Former federal appellate clerks are among the most sought after new hires in the legal market. In addition to having excelled in law school, federal appellate clerks have the opportunity to receive one-on-one training and mentorship from federal appellate judges. Former clerks and the law firms that hire them, however, must be aware of rules that preclude these clerks from working on matters that were pending during the clerks' clerkship terms. In the eyes of courts, these rules "preserv...

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