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.[1][2] 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.[3]
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 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.
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