Duties and Responsibilities of Law Clerks

therealminaofficialLast Updated: July 19, 2023

As a law clerk, you play an integral role in the daily functions of a law firm or legal department. Your duties and responsibilities are essential to ensuring the efficient and effective delivery of legal services. You provide administrative and research support to attorneys which allows them to focus their time and efforts on more complex legal work. The specific tasks you undertake will depend on the area of law and needs of the attorneys you work with. However, there are several core responsibilities common to most law clerk positions.

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Duties and Responsibilities of Law Clerks

Below are some of the duties and responsibilities of law clerks:

1. Conducting Legal Research and Drafting Legal Memoranda

As a law clerk, one of your primary responsibilities will be conducting legal research and drafting legal memoranda. This involves:

Identifying relevant primary and secondary legal sources, including:

Statutes, regulations, and case law
Legal encyclopedias, treatises, law review articles, and other scholarly works

Analyzing these sources and determining how the law applies to the issues in a particular case. You need to be meticulous in your research to ensure no relevant authority is missed.

Synthesizing your research findings into a well-structured legal memorandum. This typically includes:

A statement of facts outlining the key details and events of the case
Identification of the legal issues to be addressed
The applicable rules of law extracted from your research, including citations to relevant statutes, regulations, and case precedents
An analysis section applying the rules of law to the facts of the case
Your conclusions and advice for how the issues should be resolved

Drafting the legal memorandum in a clear, concise, and persuasive manner using accurate legal terminology is essential. Your writing must demonstrate strong analytical and communication skills.

Providing follow-up research or revisions to the memo as needed. You should also be prepared to orally convey your research findings and conclusions to attorneys when requested.

Conducting research, analysis, and writing with the highest ethical standards is mandatory. All work should be your own or properly attributed to the original source.

With diligence, strong research and writing abilities, and strict ethical integrity, you will excel at this fundamental responsibility of a law clerk. The attorneys who employ you will come to rely heavily on your skills and judgment.

2. Assisting Attorneys in Preparing for Trials and Hearings

As a law clerk, one of your most important responsibilities is assisting attorneys in preparing for trials, hearings, and other legal proceedings.

Researching Case Law and Statutes

You will research relevant case law, statutes, and other legal authorities to build a strong foundation for the attorney’s legal arguments. Review records and documents related to the case to identify key facts and issues. Track down additional details and corroborating evidence as needed. Summarize your findings for the attorney and discuss how the law applies to the case.

Drafting Legal Documents

You may be tasked with drafting or revising legal documents like motions, pleadings, orders, or briefs. Ensure all documents are clear, concise, logically structured, and supported by legal authority. Carefully proofread to check for any errors before submitting to the attorney for review.

Attending Hearings and Trials

As a law clerk, you may attend hearings, depositions, settlement conferences, and trials to provide additional assistance. Take detailed notes about the proceedings, arguments made, documents presented as evidence, testimony given, and the outcomes or next steps. Review and discuss your notes with the attorney to aid in trial preparation and strategy.

General Administrative Support

You will also provide administrative support for the attorney such as managing files, scheduling meetings, answering phone calls, and handling correspondence. Maintain an organized filing system for physical and electronic records. Schedule, coordinate and attend meetings with clients, witnesses, and other parties as directed by the attorney.

3. Drafting Briefs and Motions

As a law clerk, one of your core responsibilities will be drafting legal briefs and motions. These documents lay out the legal arguments and positions in a case, and they require diligent research, analytical thinking, and concise yet compelling writing.

To draft an effective brief or motion:

Conduct thorough research. Review all relevant case law, statutes, regulations, and other sources to build a solid understanding of the issues. Analyze how these sources apply to your specific case.
Develop a persuasive argument. Determine the key positions or requests you need to make to advance your case, and craft coherent arguments supported by legal authority to back each one. Address counterarguments to strengthen your position.
Use a logical structure. Open with an overview of your argument, followed by separate sections dedicated to each position. Within each section, state the position, present your evidence and reasoning, and explain how it satisfies the relevant legal standard.
Maintain an appropriate tone. Write in an objective, formal tone that is respectful of the court and all parties involved in the case. Do not make personal attacks or insults.
Include the necessary elements. Ensure your brief includes a statement of facts, summary of the argument, separate argument sections with issue statements and legal analysis, and a conclusion restating your position. Motions should specify the exact relief or court action requested.
Follow all procedural rules. Strictly adhere to all requirements regarding formatting, page length, font size, citation style, and deadlines to avoid potential rejection of your submission. Carefully proofread to fix any errors before filing.

4. Communicating With Clients and Managing Case Files

As a law clerk, communicating with clients and properly managing case files are two of your most important responsibilities. You must keep clients informed about the progress of their case and address any questions or concerns they may have in a prompt, professional manner.

Communicating with Clients

When speaking with clients, whether in person or over the phone, maintain a courteous and helpful tone. Provide clear explanations for any legal issues or procedures using layman’s terms that clients can easily understand. Be prepared to re-explain concepts or repeat information as needed. Ask open-ended questions to ensure clients comprehend what you are communicating and invite them to ask any questions they may have. Carefully document details of all communications with clients, including phone calls, letters, emails, and in-person meetings, and save this information in the appropriate case files.

Managing Case Files

As a law clerk, you will be responsible for organizing and maintaining files for the cases you work on. Create a separate file for each case that includes all details and documents related to that client. Within each file, include sections for communications, court filings, evidence, research, and any other relevant categories. All files should be clearly labeled and arranged in a logical filing system so that any member of the legal team can locate necessary information with ease.

Regularly update case files as new details emerge and archive closed case files so they can be accessed if needed for future reference. Backup all digital case files in the event that the original files become corrupted or are deleted. Follow all laws and ethical guidelines regarding client confidentiality and security of personal information when creating, storing, and sharing case files. Precise record-keeping and vigilant file management are essential to providing high quality legal services to clients.

5. Maintaining Confidentiality

As a law clerk, one of your most important responsibilities is maintaining strict confidentiality. You will have access to sensitive information regarding ongoing cases, clients, and legal matters. It is critical that you keep all details confidential and do not share or discuss information with unauthorized individuals.

To ensure confidentiality:

Do not disclose details of cases or clients to friends, family or acquaintances. Only discuss information with authorized court officials and staff.
Keep physical case files, documents and notes in a locked cabinet and do not leave them unattended or in plain sight. Digital files should be password protected.
Be discreet in your communication. Avoid discussing confidential details in public places where you may be overheard. Do not share sensitive information over unsecured channels like regular email.
Do not access or share information that you do not have authorization to view. Only view, use and share details essential to your specific job duties.
Continue maintaining confidentiality even after a case has closed or your clerkship has ended. The duty to keep sensitive information private is ongoing.
Report any breaches of confidentiality or improper access of information immediately to the proper authorities. It is important to take swift action to mitigate damage.
Review and follow all official court policies regarding privacy, security and confidentiality. Ask for clarification from supervisors if any part of the policies are unclear.

By diligently following confidentiality policies and procedures, you help to build trust in the judicial system and ensure fairness for all parties involved. Though the work of a law clerk involves handling and managing legal details, your discretion and professionalism are invaluable. Maintaining the strictest confidentiality at all times is central to your role and responsibilities.

Conclusion

As you embark on your career as a law clerk, keep in mind the immense responsibilities you have been entrusted with. You serve an integral role in the administration of justice and the functioning of the legal system. Approach each task, no matter how small, with diligence, care, and integrity. Your work can have a direct impact on people’s lives, so maintain the highest ethical standards and constantly strive to expand your knowledge. While the path of a law clerk is challenging, it is also rewarding. You have the opportunity to gain valuable experience by working alongside respected legal professionals. With hard work and perseverance, you are paving the way to a successful career in law.