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Hub AI
Law clerk AI simulator
(@Law clerk_simulator)
Hub AI
Law clerk AI simulator
(@Law clerk_simulator)
Law clerk
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, 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 significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges.
Judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in academia, law firm practice, and influential government work.
In some countries, judicial clerks are known as judicial associates or judicial assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's Conseil d'État. In British and Hong Kong courts, they are known as judicial assistants. The European Court of Justice uses permanent staff attorneys (référendaires) and stagiaires (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems.
Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the United States or the United Kingdom). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the articling requirement for provincial law societies, which qualifies a person to become a practising lawyer in a Canadian jurisdiction.
The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada, followed by the Federal and provincial Courts of Appeal. Each Justice of the Supreme Court hires four clerks for a one-year period. The Federal Court of Appeal, which is based in Ottawa but hears cases across the country, selects 15 law clerks each year, or one per judge. The Federal Court also hires only one clerk per judge, or about 30 per year in total. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. The Court of Appeal for Saskatchewan hires 3 clerks, each of whom is assigned to 2 to 3 judges. The New Brunswick Court of Appeal hires two law graduates, who serve as law clerks working under the direct supervision of the Chief Justice of New Brunswick. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada and the Quebec Court of Appeal, being able to work in both English and French is strongly preferred.
The Tax Court of Canada hires 12 clerks annually.
Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis of the Supreme Court of Canada and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were formerly law clerks at the Ontario Court of Appeal.
In England and Wales, law clerks are called judicial assistants. It is possible to be a judicial assistant at the Court of Appeal and at the UK Supreme Court (formerly the Appellate Committee of the House of Lords). Only Supreme Court judicial assistants are appointed for a full-time, one-year fixed-term appointment. Since 2006 they have taken part in a week-long exchange in Washington DC at the U.S. Supreme Court established by the late Justice Antonin Scalia and Lord Rodger of Earlsferry.
Law clerk
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, 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 significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges.
Judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in academia, law firm practice, and influential government work.
In some countries, judicial clerks are known as judicial associates or judicial assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's Conseil d'État. In British and Hong Kong courts, they are known as judicial assistants. The European Court of Justice uses permanent staff attorneys (référendaires) and stagiaires (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems.
Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the United States or the United Kingdom). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the articling requirement for provincial law societies, which qualifies a person to become a practising lawyer in a Canadian jurisdiction.
The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada, followed by the Federal and provincial Courts of Appeal. Each Justice of the Supreme Court hires four clerks for a one-year period. The Federal Court of Appeal, which is based in Ottawa but hears cases across the country, selects 15 law clerks each year, or one per judge. The Federal Court also hires only one clerk per judge, or about 30 per year in total. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. The Court of Appeal for Saskatchewan hires 3 clerks, each of whom is assigned to 2 to 3 judges. The New Brunswick Court of Appeal hires two law graduates, who serve as law clerks working under the direct supervision of the Chief Justice of New Brunswick. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada and the Quebec Court of Appeal, being able to work in both English and French is strongly preferred.
The Tax Court of Canada hires 12 clerks annually.
Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis of the Supreme Court of Canada and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were formerly law clerks at the Ontario Court of Appeal.
In England and Wales, law clerks are called judicial assistants. It is possible to be a judicial assistant at the Court of Appeal and at the UK Supreme Court (formerly the Appellate Committee of the House of Lords). Only Supreme Court judicial assistants are appointed for a full-time, one-year fixed-term appointment. Since 2006 they have taken part in a week-long exchange in Washington DC at the U.S. Supreme Court established by the late Justice Antonin Scalia and Lord Rodger of Earlsferry.