I have a case coming up before a judge and I have gotten to know the judge’s law clerk. I wish to make a job offer to the law clerk. Can I do so with the case still pending?

The answer is yes, but it has to be done in a certain way. The answer is found in Pennsylvania Rules of Professional Conduct 1.12(b). The rule generally says a lawyer cannot negotiate for employment with any person who is involved as a party or a lawyer for a party in a legal action where the lawyer is personally and substantially participating. There is an exception for a law clerk. The exception reads as follows, “A lawyer serving as a law clerk to a judge, other adjudicative officer, or third-party neutral may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, other adjudicative officer or third-party neutral.” See Pennsylvania Rules of Professional Conduct Rule 1.12(b).