Judicial clerk

A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Unlike the court clerk and the courtroom deputy, both of whom are administrative staff for the court, a law clerk assists the judge in making legal determinations. Most law clerks are recent law school graduates who performed at or near the top of their class. Studies have shown clerks to be influential in the formation of case law, through their influence upon judges' decisions. Working as a law clerk is considered a prestigious position in legal communities, such that it generally opens up career opportunities.

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 English courts, they are known as Judicial Assistants. The European Court of Justice uses permanent staff attorneys (Referendaires) and the Stagiaires (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems.

While there has been relatively little inquiry comparing law clerks across nations, some research has been done comparing clerkship practices in the U.S. with other nations' courts. In some countries the position of law clerk does not exist.

See Judge's associate and Tipstaff.

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 practicing lawyer in a Canadian jurisdiction.

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