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Tuesday, July 14, 2009
This law clerk brought to you by....
Apparently the Commonwealth of Massachusetts is OK with law firms footing the bill for judges' law clerks but personally I find it very troubling, both ethically and practically. The potential conflict of interest when a judge is involved in a case that also involves the law firm paying the salary of the judge's clerk's is obvious but perhaps less so is the fact that I, for one, would probably not be able to be as open or be able to have a free-flowing discussion in chambers about a case where I didn't feel that my clerk owed me and the court their full allegiance and loyalty.
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I couldn't agree more. Frankly, I think it's shameful that Mass. would allow it at all. Why stop there? Why don't cash-strapped states let law firms sponsor a judge's chair or pay for the robe (embroidered with the law firm's logo of course)? This is exaggeration of course, but not by much.
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