Former Clarence Thomas clerk Elbert Lin (left) and Keith Bradley (right), who clerked for Ruth Bader Ginsburg, have already left their firms. Photograph of Lin courtesy of Wiley Rein. Photograph of Bradley courtesy of Consumer Financial Protection Bureau.
Supreme Court clerks are the ultimate status symbols for law firms that do appellate work. But luring one of the 39 lawyers who have spent a year behind the scenes at the high court isn’t cheap. And now that the court’s term is over, the battle is on for the outgoing clerks.
The signing bonus for clerks at major firms is $280,000. Most start at the third-year-associate level or higher, bringing their base salaries close to $200,000. Not including the vast resources firms dedicate to training them, that means each is a nearly half-million-dollar gamble—and not a very safe one. Clerks are intellectuals who often have higher-minded goals than billing thousands of hours at a firm. Many have their sights set on academia or government service, but Ivy League educations come with debt that only a signing bonus can instantly alleviate. So how can a law firm ensure it’s betting on a clerk who will stick around? It can’t.
Already, some recently hired clerks have left their firms. Elbert Lin, who clerked for Clarence Thomas during the court’s 2010-11 term, joined Wiley Rein. He’d previously been an associate there, so in theory he was among the safer bets. Alas, Lin departed earlier this year to become West Virginia’s solicitor general. “You never know about those things,” says the firm’s chairman, Richard Wiley. “You have to take your chances.”
Lin says he was “a little nervous” about leaving because he’d made a commitment. “You want to feel like you’re a person of integrity,” he says. But he couldn’t pass up the opportunity to “take on a significant leadership role” in West Virginia.
Keith Bradley, who clerked for Ruth Bader Ginsburg in 2010-11, worked at WilmerHale for less than a year before leaving for the Consumer Financial Protection Bureau. In an e-mailed statement, WilmerHale co-managing partner Robert Novick said the firm “supports and applauds” its attorneys who choose to serve in government. Still, the premature departures must sting, especially because Lin and Bradley didn’t even get the chance to handle actual Supreme Court matters for their firms, as former clerks are barred from practicing at the high court for two years.
Though some law-firm leaders grumble about the expense and risk of hiring clerks, others insist they’re a wise investment. Neal Katyal, who co-heads the Supreme Court practice at Hogan Lovells, says clerks do “extraordinary” work and clients love them. This might be easy for him to say, as the three he hired last year all remain at Hogan.
This article appears in the August 2013 issue of The Washingtonian.
Hiring Supreme Court Clerks: The $500,000 Gamble
Snagging one of the coveted 39 lawyers doesn't come cheap, and it won’t always pay off, either.
Supreme Court clerks are the ultimate status symbols for law firms that do appellate work. But luring one of the 39 lawyers who have spent a year behind the scenes at the high court isn’t cheap. And now that the court’s term is over, the battle is on for the outgoing clerks.
The signing bonus for clerks at major firms is $280,000. Most start at the third-year-associate level or higher, bringing their base salaries close to $200,000. Not including the vast resources firms dedicate to training them, that means each is a nearly half-million-dollar gamble—and not a very safe one. Clerks are intellectuals who often have higher-minded goals than billing thousands of hours at a firm. Many have their sights set on academia or government service, but Ivy League educations come with debt that only a signing bonus can instantly alleviate. So how can a law firm ensure it’s betting on a clerk who will stick around? It can’t.
Already, some recently hired clerks have left their firms. Elbert Lin, who clerked for Clarence Thomas during the court’s 2010-11 term, joined Wiley Rein. He’d previously been an associate there, so in theory he was among the safer bets. Alas, Lin departed earlier this year to become West Virginia’s solicitor general. “You never know about those things,” says the firm’s chairman, Richard Wiley. “You have to take your chances.”
Lin says he was “a little nervous” about leaving because he’d made a commitment. “You want to feel like you’re a person of integrity,” he says. But he couldn’t pass up the opportunity to “take on a significant leadership role” in West Virginia.
Keith Bradley, who clerked for Ruth Bader Ginsburg in 2010-11, worked at WilmerHale for less than a year before leaving for the Consumer Financial Protection Bureau. In an e-mailed statement, WilmerHale co-managing partner Robert Novick said the firm “supports and applauds” its attorneys who choose to serve in government. Still, the premature departures must sting, especially because Lin and Bradley didn’t even get the chance to handle actual Supreme Court matters for their firms, as former clerks are barred from practicing at the high court for two years.
Though some law-firm leaders grumble about the expense and risk of hiring clerks, others insist they’re a wise investment. Neal Katyal, who co-heads the Supreme Court practice at Hogan Lovells, says clerks do “extraordinary” work and clients love them. This might be easy for him to say, as the three he hired last year all remain at Hogan.
This article appears in the August 2013 issue of The Washingtonian.
Marisa M. Kashino joined Washingtonian in 2009 and was a senior editor until 2022.
Most Popular in News & Politics
A DNC Official Will Run for Eleanor Holmes Norton’s Seat
Want to Search Donald Trump’s Truth Social Posts? A New Site Is Here to Help.
Another Mysterious Anti-Trump Statue Has Appeared on the National Mall
FBI Building Now on Track to Leave DC After All, Whistleblower Leaks Texts Suggesting Justice Department Planned to Blow Off Federal Court Orders, and NPS Cuts Leave Assateague Island Without Lifeguards
The Washington Nationals Just Fired the Manager and GM Who Led Them to a Championship. Why Has the Team Been so Bad Since?
Washingtonian Magazine
July Issue: The "Best Of" Issue
View IssueSubscribe
Follow Us on Social
Follow Us on Social
Related
How Would a New DC Stadium Compare to the Last One?
The Culture of Lacrosse Is More Complex Than People Think
Did Television Begin in Dupont Circle?
Kings Dominion’s Wild New Coaster Takes Flight in Virginia
More from News & Politics
Arlington Unleashes Robots on Its Sidewalks
Gayle King on Giving Her First Commencement Speech at UMD
Trump Denies He Doodled Naked Lady for Epstein, Youngkin Visits Iowa, and Dan Snyder’s Old House Got Even Cheaper
Senate to Big Bird: Drop Dead; Trump Orders Coca-Cola to Use Sugar; and We Found Great Taiwanese Lunch at a Gas Station
No, You’re Not the Only One Dealing With DCA Flight Anxiety
“Christ or Chaos”: A Conservative Church With Political Ties Comes to Washington
A Look Inside the Spy Museum’s Long-Awaited Vault Collection
Trayon White Wins Election to Replace Trayon White, Trump Claimed His Uncle Taught the Unabomber, and We Tried Some Canadian Snacks