Legal Definitions - law clerk

A law clerk is an individual, typically a law school student or a recent law school graduate, who provides legal research, writing, and administrative support to a judge or an attorney. Their work helps judges make informed decisions or assists lawyers in preparing cases and legal documents.

Here are a few examples illustrating the role of a law clerk:

• Judicial Support: Imagine a complex case before the Supreme Court involving constitutional law. Justice Roberts has a team of law clerks, usually top graduates from prestigious law schools, who spend a year assisting him. One of these law clerks might be tasked with researching historical precedents related to the First Amendment, analyzing arguments presented by both sides, and drafting a confidential memo summarizing their findings and potential legal reasoning for the Justice to consider before writing an opinion. This demonstrates how a law clerk directly supports a judge's decision-making process through in-depth legal analysis.

• Law Firm Assistance: Consider a large corporate law firm representing a technology company in a patent dispute. A second-year law student, working as a summer law clerk at the firm, is assigned to assist the lead attorney. Their tasks might include reviewing thousands of pages of technical documents to identify key evidence, researching specific patent infringement statutes, and drafting a preliminary outline for a motion to dismiss. This illustrates a law clerk providing crucial research and preparatory work that enables the attorney to build a stronger case for their client.

• Government Agency Role: In a state Attorney General's office, attorneys often handle a wide range of public interest cases, from environmental protection to consumer fraud. A law student interning as a law clerk in the environmental division might be asked to research state and federal regulations regarding industrial waste disposal for an ongoing investigation. They could also help prepare for a public hearing by summarizing expert witness testimony and drafting initial questions for cross-examination. This shows a law clerk contributing to the investigative and litigation efforts of government attorneys, supporting their mission to uphold public law.