Ann Israel is the legal profession's Dear Abby. A New York legal recruiter since 1979, Ann is a past president of the National Association of Legal Search Consultants. Advice for the Lawlorn is updated every week.

Q: I am currently working as a law clerk for a federal district court judge. Prior to clerking, I worked as a litigation associate for one year in a Biglaw firm in New York City.

I am interested in remaining in the state where I am clerking and have spoken to several prospective headhunters in my new state. However, I have heard from other clerks that many law firms have a policy of not accepting law clerks submitted by headhunters.

Should I be marketing myself as a lateral based upon my previous experience and use a headhunter? Or should I market myself as a law clerk and go out on my own?

I'm concerned about damaging my prospects by choosing one route and then later having to change my course, especially with the downturn in the economy.

Thanks for your help!

Confused Clerk

Dear Confused: This is difficult for me to answer because in my many years of headhunting, I have not run into any problems placing associates who have law firm experience and then went on to clerkships. Perhaps I have been lucky, and the firms where I have marketed (and successfully placed) my candidates have all been the firms that are happy to pay fees for these top candidates, and those firms that have policies of not paying fees for clerks simply are off my radar screen.

However, I don't think that is the case. What I think is being confused here is the type of clerk that many firms are not interested in seeing through a recruiter. Generally speaking, a firm is not interested in paying a fee for an associate who has never worked in a law firm and has entered into a clerkship straight out of law school. These attorneys need to market themselves and, generally, have no problems doing so, especially those who are working in federal clerkships. Many times, in fact, they already have their law firm jobs lined up to begin when their clerkship ends.

But for those attorneys who start out in a law firm and work there for a year or two and then enter into a clerkship, that is a different story altogether. Frequently, we will receive a phone call from these potential candidates several months before the clerkship is over asking us if we can begin the job search for them.

Indeed, that is exactly what we recommend. We believe that the best time for a clerk to begin a job search is approximately two to three months prior to the end of the clerkship. If there are firms that have policies forbidding them to pay a fee for clerks, we simply would not submit the candidate to that firm (obviously) and would let our candidate know that he or she should approach that firm on his or her own.

If you sit down and have a long talk with a potential recruiter and believe that he or she truly has your best interests at heart (check references on your recruiter! Do your due diligence!), then you should be able to have the best of both worlds here. You can have the recruiter represent you at certain firms, and then if there really are firms that won't see you unless you apply on your own, you will be able to do so.

The key here is working with an ethical and honest recruiter. As I wrote above, sit down and interview the recruiter you plan to have represent you. Make sure he or she understands what you want to have happen if a firm refuses to pay a fee and that you do not want any funny business to occur. Ask for references and then actually check them out.

This is your future you are dealing with, and you want to make certain that you are dealing with the right recruiter.

Best wishes!

Sincerely,
Ann Israel
President, Ann Israel & Associates