Law Clerk

A law clerk or a judicial clerk is a person who provides assistance to a judge or a licensed attorney 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. Various studies have shown clerks to be influential in the formation of case law through their influence on judges' decisions. Working as a law clerk generally opens up career opportunities.

While there has been relatively little inquiry comparing clerks across nations, some research has been done comparing clerkship practices in the U.S. with non-U.S. courts. Still, in some countries the position of law clerk does not exist. But 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 permanent staff attorneys (Referendaires) and the Stagiaires (young law graduates) at the European Court of Justice provide one point of comparison to American clerks. Australian, Canadian, Swedish and Brazilian practices can also help illuminate the similarities and differences across nations.