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Law clerks


A law clerk or a judicial clerk is an individual—generally an attorney—who provides direct assistance and counsel to a judge in making legal determinations and in writing opinions by researching issues 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 clerks are generally recent law school graduates who performed at or near the top of their class. Serving as a judicial clerk is considered to be one of the most prestigious positions in legal communities, 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 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.

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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