Law Clerk vs. Paralegal: Comparing and Contrasting These Popular Legal Careers

Many people who aspire to a career in the legal field are inspired by the attorneys they see working on high-profile cases or the judges presiding over court proceedings. What some don’t realize, however, is that behind the attorneys and judges exist teams of professional paralegals and law clerks who work hard to assist with legal representation and the judicial process.

Some individuals enjoy the daily routines of a paralegal or law clerk and continue working in these professions for the entirety of their legal careers. For others aspiring to become attorneys or judges, starting in these positions is an excellent way to open the door to even greater opportunities in the legal industry while gaining valuable, real-world experience along the way.

To determine the path that is best for you, it’s important to understand the difference between law clerks and paralegals. While the terms are sometimes used interchangeably and the professions have some overlapping similarities, the two career paths feature notable differences that can have significant implications in terms of upward mobility, career development, and opportunities in the legal industry.

What Is a Law Clerk?

Also referred to as a legal clerk or judicial clerk, a law clerk works in a legal setting to assist an attorney or a judge. They perform in-depth legal research and determine legal options in a case to assist a supervising judge or attorney. While law clerks often work in law firms, assisting attorneys, they more often work assisting judges with appeals cases (appellate law clerks) or with trials (trial law clerks).

What Is a Paralegal?

Also referred to as a legal assistant, a paralegal assists attorneys and other legal professionals with delivering legal services. They help with case development and management in addition to gathering facts and performing research at the direction of a supervising attorney or law clerk. Paralegals are also often responsible for handling administrative tasks, such as drafting legal documents and writing letters, on behalf of an attorney.

Legal Clerk vs. Paralegal: Similarities and Differences Between Law Clerk and Paralegal

Diving into the intricacies of these two professions, we can better evaluate the similarities and differences between law clerks and paralegals.

Education and Training

Both law clerks and paralegals require on-the-job training to learn the processes, policies, and programs specific to their duties and the relevant systems. The required education of law clerks and paralegals differs substantially.

Law Clerk

While some law firms will hire law clerks who have not yet completed law school, law clerks are generally required to have completed an extensive amount of education before becoming law clerks. Most have already earned a Juris Doctor (J.D.) and Master of Laws (L.L.M.). In order to pursue a Juris Doctor and Master of Laws, an individual must already hold a bachelor’s degree.

Paralegal

The educational requirements for paralegals are much less stringent and can vary significantly between hiring law firms because, from state to state, there are no consistent rules or regulations specifying the educational requirements of paralegals.

Most law firms require paralegals to have at least an associate’s degree, a bachelor’s degree, or a certificate from a paralegal training program. Some law firms offer training programs to accommodate employees who are working in entry-level legal office assistant positions.

To maximize career opportunities, aspiring paralegals can complete a paralegal education program that has been approved by the American Bar Association (ABA). Most paralegal training programs take one to two years to complete.

Industry and Work Experience

The experience required to become a law clerk or paralegal is not set in stone, and the amount and type of experience required will vary quite a bit from position to position. That being said, experience makes you much more competitive as a job applicant. So, the more experience you have when applying for a position as a paralegal or a law clerk, the better your chances of being hired will be.

Law Clerk

When applying for a position in a law firm or a clerkship under a judge, aspiring law clerks can make their applications more attractive if they have prior experience through an internship or working as a legal assistant or paralegal.

Paralegal

Paralegals usually do not need as much experience as law clerks. In fact, paralegals can often get hired with little to no experience. Paralegals with an associate’s degree, bachelor’s degree, or a completed paralegal education program will be more competitive.

Professional Skills

Law clerks and paralegals use a similar set of professional skills in their jobs. Excelling in these areas will help both types of professionals achieve success. These skill sets include:

• Critical Thinking and Problem-Solving – The ability to analyze information and evaluate arguments from an objective perspective is key to solving problems and performing the duties associated with the roles and responsibilities of these positions.
• Research and Analytical Capabilities – Both paralegals and law clerks are responsible for gathering facts and performing extensive research to assist the judges or attorneys with whom they work. Good research skills also require analytical prowess, which enables paralegals and law clerks to separate relevant from irrelevant findings.
• Written and Verbal Communication – Law clerks and paralegals should have strong written and verbal communication skills. These skills are integral to producing legal documents, drafting letters, and working well with a variety of different types of professionals and clients.
• Emotional Intelligence – Emotional intelligence has a direct impact on your ability to listen and understand the people you interact with on a daily basis, in addition to understanding yourself. Possessing high emotional intelligence leads to more successful interactions and collaborations, which are essential to the work of law clerks and paralegals.
• Attention to Detail – Working in law requires a high level of attention to detail because working thoroughly and accurately is vital to maintaining compliance while ensuring important matters are handled with the care they deserve.
• Organization – Exceptional organizational skills enable law clerks and paralegals to complete a myriad of tasks efficiently. Organizational skills can require time management, prioritization, delegation, and planning to ensure proper case management.

Additionally, understanding the legal system will help paralegals and law clerks adjust to their new roles more quickly. Law clerks will need to possess a more thorough understanding of the legal system and its inner workings than paralegals.

Job Responsibilities and Roles

Paralegals and law clerks sometimes have similar duties. However, overall, they fill widely different roles.

Law Clerk

Working closely with a judge or an attorney, a law clerk performs tasks related to specific cases or clients. They perform extensive research, draft documents, and are involved with decision writing and case briefing. Depending on the specific professional position, judge, and/or law firm, the duties of a law clerk can vary considerably.

Paralegal

Like law clerks, paralegals are sometimes involved in performing research on behalf of a firm. More often, though, paralegals are responsible for administrative and organizational tasks such as writing letters, answering phone calls, and generating legal documents.

Legal Advice Regulations

Although law clerks typically possess a J.D. or L.L.M., they have not yet passed the Bar Exam. This means that neither law clerks nor paralegals are licensed attorneys. Neither professional is licensed to practice law or represent clients. Law clerks and paralegals cannot provide legal advice, despite their education and experience.

Workplace

Law Clerk

Law clerks can work in law firms, but they more often work for sitting judges in a court. A law clerk usually assists just one judge, which provides them with a fairly predictable work schedule and routine. When working in a law firm assisting an attorney, a law clerk’s schedule might be less predictable when work is needed outside of regular office hours to address time-sensitive tasks.

Paralegal

Paralegals work in law firms. Typically, they clock in for traditional office hours. Like law clerks, though, time-sensitive cases or increased workloads can sometimes lead to variability in the hours worked during the day and over the course of a regular work week.

Opportunities for Career Advancement

Law Clerk

Some law clerks enjoy their positions and duties to the extent that they seek lifelong positions. However, most go on to take the Bar Exam and eventually transition to becoming attorneys and legally practicing law. Spending time working as a law clerk can be an excellent opportunity for aspiring attorneys to gain professional experience while working to pass the Bar Exam.

Paralegal

Paralegals gain invaluable experience while satisfying their roles and responsibilities in law firms. Career advancement for paralegals can be found in opportunities such as working for a larger firm, transitioning to a different paralegal specialty, moving to a new workplace setting, or advancing to supervising other paralegals. To advance further in their legal career, a paralegal would need to complete additional education requirements (such as earning a Juris Doctorate and a Master of Laws) to eventually transition into a law clerk position, pass the Bar Exam, and become a practicing attorney.

Start Your Legal Career Journey Today!

If you’re ready to take the first step in your legal career journey, a Legal Office Assistant Diploma or an Associate of Applied Science in Paralegal Studies from Bryant & Stratton College could help you transform your first step into your first official position in your chosen career field.

Our degree programs are designed to provide students with a well-rounded education while equipping them with the professional skills and network they will need to successfully start their careers or launch them to the next level. Is a career in law compelling to you? We welcome you to find your Bryant & Stratton College program and request further information today.