Law Clerks: Practicing Law Or Not?

A law clerk is a person who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Law clerks are often recent law school graduates, and the role is often a stepping stone to a more permanent job in the legal profession. Law clerks are not allowed to offer legal counsel or advice. The requirements to become a law clerk vary depending on the jurisdiction and the type of law clerk. In some jurisdictions, law clerks may be law students or lawyers who have already been called to the bar. In others, law clerks may be individuals who have completed a bachelor's or Juris Doctor degree and have experience in a legal setting.

Law clerk vs paralegal

A law clerk, also known as a judicial clerk or judicial law clerk, is a professional who works in legal settings to assist judges and lawyers in their legal decision-making processes. Law clerks can work in law firms, but they typically work in courts, serving as appellate law clerks who work on appeals or as trial law clerks. Law clerks are usually law school students who aspire to become attorneys or are recent law school graduates. They are not typically able to practice law unless they have passed the bar examination and are under the supervision of a lawyer.

Paralegals, on the other hand, are legal professionals who work as assistants to attorneys. They help attorneys prepare cases and handle administrative tasks related to pursuing a claim. Paralegals can also conduct legal research and execute orders from attorneys in relation to a case. They typically work with lawyers in law firms rather than judges. Paralegals have a post-high school education, but not at a law school, and can have a mix of experience, education, and training. Currently, only California requires paralegals to obtain and hold a license to practice.

The roles of law clerks and paralegals can vary depending on the law firm, with some tasks overlapping between the two positions. However, law clerks typically require greater schooling and have stricter job requirements, resulting in higher salaries compared to paralegals. Law clerks earn an average of $73,559 per year, while paralegals earn $43,509 per year.

In terms of job availability, there may be more openings for law clerks compared to paralegals, as paralegals can create their own jobs by opening their own practices. However, it is important to note that job availability can vary depending on the geographic location and the specific legal market in that area.

Law clerk education requirements

The requirements to become a law clerk vary depending on the type of law clerk and the state. Law clerks are usually recent law school graduates, but some law firms and legal departments hire students who have completed at least one year of their Juris Doctor degree. Most law clerks hold a Juris Doctor degree and a master's degree in law, with public policy and international law being common areas of study.

In some states, individuals can sit for the bar exam without a law degree by working as an apprentice in a law firm for several years. In this case, they may hold the title of "clerk" and perform similar tasks to a law clerk. However, most states require a law degree or for the individual to be a law student. Law firms typically hire law students during the summer or throughout the year, and they clerk for the firm before obtaining their law degree or license.

To become a law clerk for a judge, most states require a law degree and a license to practice. Clerkships for state and federal judges are usually one or two-year positions, and judges may require clerks to have studied law review. Some judges also hire permanent clerks, which are often reserved for only a few different clerks they employ.

The Judicial Conference of the United States has established minimum qualifications for law clerks, which include being a law school graduate or having completed all law school requirements and awaiting the conferment of a degree. Other qualifications include standing within the upper third of the law school class from an approved list of schools, experience on the editorial board of a law review, or demonstrated proficiency in legal studies. Additionally, law clerks must undergo an FBI fingerprint check, and some judges may require additional background checks.

Law clerk duties

Law clerks are often lawyers or law students who provide direct counsel and assistance to a lawyer or judge. They are not to be confused with legal clerks, who only provide secretarial and administrative support. Law clerks are usually law school students aspiring to become attorneys or are recent law school graduates.

Law clerks are responsible for researching issues and drafting legal opinions for cases before the court. They play a significant role in forming case law through their influence on judges' decisions. They are also responsible for writing court motions, summarizing pleadings, and assisting with trial preparation. They use research tools to automate discovery for their case matters and organize important documents so that lawyers and courts can easily refer to them.

In addition to their research and writing duties, law clerks must possess strong interpersonal skills to work effectively with judges, chamber staff, lawyers, witnesses, and experts. Emotional intelligence, including active listening skills, is also essential in a fast-paced legal setting to understand and process colleagues' requests quickly.

The specific duties of a law clerk can vary depending on the employer and the type of clerkship. For example, a law clerk working for a judge may have different responsibilities from those working in a law firm. Generally, law clerks perform most of their duties in an office setting, but they may also spend time in the courtroom and the judge's chambers.

Law clerk career path

A law clerk, also known as a judicial clerk or judicial assistant, is a person who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play a significant role in forming case law through their influence on judges' decisions.

The role of a law clerk is often taken on by law students or recent law graduates who are studying to become attorneys. In some cases, experienced lawyers may also take on this role. The specific requirements to become a law clerk vary depending on the jurisdiction and the specific employer. In most cases, a law degree or being a law student is required. Some positions may also require passing the bar exam or having a license to practice law.

The daily tasks of a law clerk include researching issues and case law, writing memos and legal documents, and assisting with trial preparation. Law clerks also organize important documents and use research tools to automate discovery for their cases. In addition to legal research and writing, law clerks should also possess strong interpersonal skills to work effectively with judges, lawyers, and other members of the legal team.

Working as a law clerk early in one's legal career can be a valuable stepping stone. It provides an opportunity to gain experience and build a professional network, which can help propel individuals toward their chosen career path in the court system or a specific area of law. A law clerk position on a resume is seen as prestigious, indicating high-level legal experience and strengthening one's appeal for future career opportunities.

Overall, the law clerk career path typically involves obtaining a legal education, gaining relevant experience through internships or part-time roles, and then applying for law clerk positions to build expertise and make connections in the legal field. This experience can then serve as a foundation for further career advancement, such as becoming an attorney or pursuing other legal roles in academia, law firm practice, or government work.

Law clerk hiring process

The hiring process for a law clerk will vary depending on the type of law clerk position and the requirements of the particular state. Law clerks can work for private law firms, judges, or courts, and the hiring process will differ for each of these options.

Law Clerk for a Private Law Firm

Private law firms typically hire law students as law clerks during their second year of law school. These positions can be part-time during the school year, during the summer, or both. Some firms may also offer highly paid summer associate positions to students after their first year of law school, depending on their grades.

Law Clerk for a Judge

To become a law clerk for a judge, you usually need to have completed your law degree and obtained your license to practice law. This may involve graduating from law school and passing the state bar exam. Clerkships for judges are typically one or two-year assignments that serve as a stepping stone to more permanent legal positions.

Law Clerk for a Court

The hiring process for law clerks in courts may vary depending on the state and the specific court. For example, in Pennsylvania, individuals interested in becoming a law clerk for a Common Pleas judge must write directly to the judge of interest or contact the district court administrator. Courts that utilize an online application system, such as Workday Recruiting, may require applicants to create an account and apply through that platform.

Regardless of the specific hiring process, it is important to note that law clerks are not authorized to practice law or offer legal counsel. Their roles typically involve administrative tasks, legal research, and legal writing, but they are prohibited from appearing as counsel in court.

Frequently asked questions