They are often considered the same thing, and chances are that even you, as a lawyer, have confused them before. Yep, we are talking about the legal roles of a paralegal and a clerk, both positions that you may have considered including on your team. But what are the main differences between Paralegals vs Law Clerks?
The truth is that they do overlap in certain aspects, hence the common confusion when referring to both jobs.
Both are legal professionals that provide support to the law firms that they work for; in fact, they are often mentioned in the organizational structure of attorney businesses as part of the crew that assists the main lawyers working for the firm.
Where the confusion stems from?
Galia Aharoni, attorney at Aharoni Business Law, states that the confusion is a result of the lack of clear definitions.
Even when you investigate both terms, most websites make them very much alike, providing ambiguous depictions and differences between the two.
Aharoni explains, “There are no formal definitions of law clerk and paralegal. So, their roles look different from law firm to law firm.”
However, if you are the CEO of a law firm, replying to the question “what exactly law clerks are?” a vague, “Well, they are like paralegals…” will come across as very unprofessional, no matter how many nods of understanding you receive from the rest of the room.
Besides, if they were more or less “the same,” what would be the point in having to study both careers? Why give them different titles?
Well, their titles are used for two distinct roles that serve distinct purposes.
Additionally, chances are that you will eventually have to decide which one you will hire as part of your team.
With that goal in mind, we are here to make sure that you learn the key differences between both jobs.
LAW CLERKS
Law clerks are legal professionals that assist lawyers and work under their supervision in court. They also do the legal research necessary for their clients’ cases.
Usually, law clerks are law students or recent law school graduates.
To look after legal issues, law clerks often consult legal books and articles in legal magazines or journals.
They can work both for lawyers and for judges in court; however, their role in assisting each of them changes accordingly.
When full-time assisting a judge, law clerks have to perform a wide range of tasks, which include but is not limited to:
- Legal research
- Drafting of court opinions
- Proofreading
- Citation checking
- Administrative tasks
- Maintenance of the library
- Document assembly
They also must assist in every court trial.
Concisely, law clerks’ responsibilities involve helping to draft opinions, memoranda, pleadings, and motions, with a bit of proofreading, citation checking, and fact checking of legal documents. All of these are necessary to assist judges in court or lawyers with their clients’ cases.
For law students, aspiring to this career involves a lot of work.
Apart from having completed their J.D. degree, they often find that the landscape is extremely competitive:
Tthe students awarded with this title are those who have had significant success in law school, college, and the professional world, with an average class rank of the top 25%.
PARALEGALS
Often mentioned as legal assistants or legal technicians.
Paralegals also work as assistants for lawyers in the legal system.
In the U.S., they can be non-lawyers trained to assist attorneys with nearly any task that orbits their role.
Paralegals carry out legal research at the behest of the supervising lawyer. They generally help lawyers prepare for their cases, handling many of the administrative tasks that relate to pursuing a claim.
Additionally, paralegals usually execute the lawyer’s orders concerning their clients’ cases.
Key Differences
One of the most glaring differences between the two lies in their education levels.
Often, law clerks are law school graduates, while paralegals can be professionals non-related to the legal field with only a minimal amount of technical education in law.
Benjamin Green, from Halunen Law, says that this is one key differentiator: law clerks are usually law school students who aspire to become lawyers or are recent law school graduates. Paralegals, on the other hand, have a post-high school degree, just not at a law school.
Apart from that, paralegals aid lawyers in preparing cases and getting them ready for court; as for law clerks, while also having a fair share of administrative duties, they can also support judges and lawyers by conducting research and investigations.
What about their Authority?
Concerning authority, paralegals have the jurisdiction to provide legal advice within their scope of practice. Governing bodies, depending on where they operate, also license them. According to triOS College, examples of their scope include representing clients in small claims courts, representing individuals charged with offenses like traffic tickets, and representing landlords and tenants in their disputes.
On the other hand, law clerks cannot dispense any legal advice without the direct authority of the principal.
Paralegals usually work with lawyers at their law firms or can operate their own practices. Law clerks cannot, but they are hired for a lot more places than paralegals, such as municipal, provincial, or federal courts, real estate companies, law offices, legal departments of companies, or government offices, according to triOS College.
Additionally, law clerks can work in most areas of the law, while paralegals can only work within their scope of practice.
Paralegals can work independently, whereas law clerks cannot.
Babcock Law Firm sums it up wonderfully: “Law clerks have typically completed law school, while paralegals only have a relatively small amount of technical education in the field. Also, paralegals are confined to research and legal writing under the supervision of an attorney; they cannot provide legal advice.”
Conclusion
We hope that the picture has become much clearer now, especially if you are deciding whom to hire and when.
Remember that, as a lawyer, you should assess your requirements and specific needs first, before hiring either one.
While Paralegals may be better for law firms that need ongoing administrative and non-advocacy support, law clerks might be more suitable for law firms that want temporary assistance with specific legal tasks or cases.
We hope that the picture has become much clearer now, especially if you are deciding whom to hire and when.
Remember that, as a lawyer, you should assess your requirements and specific needs first before hiring either one.
While paralegals may be better for law firms that need ongoing administrative and non-advocacy support, law clerks might be more suitable for law firms that want temporary assistance with specific legal tasks or cases.
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