Applying to clerk 3L

[Byzantine]

I was unsuccessful in my clerkship application this year for the BC courts. I have a good application package, but didn't do well in the interviews. I've been kicking around whether I want to try again in 3L. Clerking is something I've wanted to do for a while, but it seems less beneficial if I can't do it immediately after graduating. I have a 2L summer job through the recruit that should turn into an articling position. So if I applied in 3L, and was successful, I would do articling and then clerk. 

I guess I'm wondering if anyone has thoughts on whether it's still worth it to apply to clerk. It seems like the disadvantage in my position would be that I'd have to delay my call date and also would take a bigger pay cut to clerk because I'd be giving up on the 1st year associate salary instead of the articling student salary to do it. 

 

[HarryCrane]

I know a couple people who are clerking/clerked after they article, and they all seemed to view it as more than worth it. Their firms looked very positively on it (I’m unsure if they got a bit of a salary bump or some sort of financial compensation or not). 
 

A legal career is a long one. To me at least, especially if this is something you’ve wanted to do for a long time, taking a pay cut in year 1 of a 30-40 year career (where you’ll be earning a lot later on) is probably worth it. 

[Jaggers]

I'm not sure that in Canada, clerking increases your short or long term earning potential. Most people who clerk would probably have the same career options as they do without clerking.

But it is a lot of fun.

[hellothere]

I'm sorry to hear that it didn't work out this year, but many people reapply and end up being successful the second time around.

I'm not sure if you're aware but the Law Society of BC has amended their rules, so we can get called right after we complete PLTC and our clerkship. This means that people who choose to clerk no longer have to delay their call date: https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/LawClerks-info.pdf.

Yes, the pay isn't great (compared to a first-year associate salary at a biglaw firm), but to be perfectly honest people don't clerk for money. People clerk for the invaluable experience they gain working for judges and observing both oral and written advocacy firsthand, etc. 

If I were you, I'd reapply because this is a once-in-a-lifetime opportunity. You will still have plenty of time to work at a biglaw firm in the future. 

Edit: Sorry, I misread that you would be clerking after articles, so the alternate pathway to licencing wouldn't apply. Even so, I'm pretty sure the BC courts have also amended their rules, so that you can clerk after being called to the bar. Please correct me if I'm wrong, though. 

Edited March 23, 2023 by hellothere

[BlockedQuebecois]

@hellothere [Ignore me, I was wrong] you are incorrect. In BC, clerks are not permitted to be called to the bar in any jurisdiction in Canada, because the courts don’t have the money to pay the increased rate they would be required to pay. 

@Byzantinekeep in mind that in BC if you interviewed with a panel of judges and don’t make the cut for the alternate list, you are ineligible to apply to that court again (but you can apply to the other court). That may shape your options and desires. 

[hellothere]

6 minutes ago, BlockedQuebecois said:

@hellothere you are incorrect. In BC, clerks are not permitted to be called to the bar in any jurisdiction in Canada, because the courts don’t have the money to pay the increased rate they would be required to pay. 

@Byzantinekeep in mind that in BC if you interviewed with a panel of judges and don’t make the cut for the alternate list, you are ineligible to apply to that court again (but you can apply to the other court). That may shape your options and desires. 

I just searched my email inbox, and this is the email we received from BC courts legal counsel:

 

Please see message below from Executive Director and Senior Counsel, Heidi McBride:

 

The BC Superior Courts have amended their internal policy regarding call status while clerking. The policy that has been in place for years, prohibited law clerks from being called to the bar in any Canadian jurisdiction before the end of their clerkship terms.

 

Effective immediately, the policy has been lifted and being called prior to or during your clerkship is no longer prohibited. 

 

...I hope I'm reading this right? I'd still double-check by emailing the courts directly if you're concerned. 

Edited March 24, 2023 by hellothere

[BlockedQuebecois]

4 minutes ago, hellothere said:

I just searched my email inbox, and this is the email we received from BC courts legal counsel:

 

Please see message below from Executive Director and Senior Counsel, Heidi McBride:

 

The BC Superior Courts have amended their internal policy regarding call status while clerking. The policy that has been in place for years, prohibited law clerks from being called to the bar in any Canadian jurisdiction before the end of their clerkship terms.

 

Effective immediately, the policy has been lifted and being called prior to or during your clerkship is no longer prohibited. 

 

...I hope I'm reading this right? 

You’re right, I read their website incorrectly. My bad. You just can’t be called before you apply. 

[hellothere]

2 minutes ago, BlockedQuebecois said:

You’re right, I read their website incorrectly. My bad. You just can’t be called before you apply. 

No worries! Happens to the best of us. 🙂

[QMT20]

I applied to clerk in 3L.

As you've noted, the downside to doing this is you take a bigger pay cut. However, I actually preferred this path because I figured I'd know if I liked private practice after articling and if I didn't, the clerkship would be a good way to pivot. Aside from being a unique experience on its own, clerking opens a lot of doors if you want to work in the public sector as well as for grants and scholarships if you're considering graduate studies. Regardless of when you clerk, you also make connections with a really bright cohort of other clerks, some of whom will take the same and others different paths from you. It's an intangible benefit but something that I value. 

These days it's not unusual to clerk after articling. About half the clerks in my class are called. A few others are in the middle of Masters/PhD programs or did other clerkships after law school. Only about a third came straight out of law school. 

I'd encourage you to apply. I think the benefits outweigh the costs of skipping your first year as an associate. 

48 minutes ago, hellothere said:

Effective immediately, the policy has been lifted and being called prior to or during your clerkship is no longer prohibited. 

In case this gives anyone any extra assurance, I know two people who are clerking at the BCCA right now that are 2022 calls in Ontario. 

[capitalttruth]

I fell into a bit of a depression when I failed in the clerkship recruit this year, so I am going to try and improve my application for next year and apply more broadly. It wasn't what I initially wanted to do (I would have preferred to clerk as articling), but I still think clerking is an unparalleled experience that I'm going to try my darndest to get.

With that being said, would anyone here care to critique my clerkship application from this year and give me tips on where I can improve?

Edited March 24, 2023 by capitalttruth

[FORCE]

Is it possible to apply for a clerkship during articling or are law students the only eligible applicants ?

[BlockedQuebecois]

4 minutes ago, FORCE said:

Is it possible to apply for a clerkship during articling or are law students the only eligible applicants ?

It’s becoming somewhat normal for people to apply to clerk at the SCC while they are clerking (in lieu of articles). So to some extent, yes. 

You should check with each court you are interested in to see whether they allow articling students to apply, though. The BC Courts seem to only contemplate applications from law students, and when I was applying the Ontario Superior Court would not hire third year applicants unless they were going to start that summer. 

 

[Jaggers]

ONCA says you have to be in law school, though third year is fine so you could article/clerk elsewhere first.