Both paralegals and law clerks play significant roles in supporting a law firm, but the two positions differ in several ways. These differences include the type of work they perform, their career prospects, and the level of education required. Understanding these distinctions can assist individuals in determining which career path to pursue.
This guide will discuss the distinctions between a paralegal and a law clerk to provide a more comprehensive understanding of these positions.
Paralegals are legal professionals who assist lawyers and others with case development and planning, case management, legal research, gathering facts, and retrieving information. Paralegals are also responsible for drafting and analyzing legal documents and using technical information to provide recommendations to a lawyer.
Paralegals help attorneys and legal teams with a wide range of tasks and responsibilities, including:
Paralegals are responsible for managing case files, organizing critical documents, maintaining calendars, and ensuring that filing deadlines, hearings, and other legal proceedings are met.
Paralegals are tasked with interacting with clients to gather information, help answer their questions under a lawyer's supervision, and provide updates.
Paralegals must file legal documents with the court while adhering to procedural rules and deadlines.
Paralegals often help lawyers with the discovery process by organizing, collecting, and analyzing critical documents and information that attorneys use in legal proceedings.
In addition to the support that paralegals provide to lawyers, they are often also responsible for specific legal tasks, including the following;
Paralegals must research statutes, case law, legal issues, and regulations to help better support lawyers as they build their cases.
Paralegals help other legal professionals with substantive legal work, preparing legal documents such as motions, pleadings, and legal correspondence.
Paralegals are responsible for providing administrative support, which includes managing correspondence, scheduling appointments, and handling routine administrative tasks.
Paralegals often use legal technology and software, such as Clio, to manage documents, obtain case information, and research.
Law clerks (sometimes referred to as a judicial assistant) are legal professionals who research applicable laws, review trial records, and draft legal memorandums for attorneys and judges. These individuals are usually third or fourth-year law school students.
Law clerks can work in law firms, but they generally assist judges. As a result, their job duties and routines tend to be more predictable and revolve around the court system. These duties typically include legal research, drafting opinions and orders, preparing bench memos, proofreading orders and views created by the judge, communicating with legal counsel regarding procedure requirements and case management, verifying citations, and assisting the judge before courtroom proceedings start.
In addition to the above tasks, law clerks are also often responsible for:
Preparing briefs and memoranda
Making sure to order case documents
Verifying that legal briefs have accurate information
Attending court sessions and recording critical details of the case
Supervising the activities of interns
The job outlook for paralegals and law clerks is strong. However, various factors can impact this outlook and earning potential.
According to the Bureau of Labor Statistics (BLS), the average salary for paralegals is around $59,200 per year, with the lowest 10% earning around $37,690 and the highest 10% earning more than $94,000.
However, several factors can influence the earning potential of paralegals, including the size of the law firm (or legal department if working in a corporate environment), the geographical location of the firm, the education obtained, and the amount of experience the paralegal has. In addition, the paralegal’s role and the industry in which they work may also significantly impact their pay. For instance, the BLS indicates that one of the top-paying legal industries for paralegals is finance and insurance, with the average salary ranging around $73,050.
According to the BLS, employment growth for paralegals is estimated to be around 4.2% between 2022 and 2032, with about 38,000 openings for paralegals projected each year for the next decade.
Per the BLS, judicial law clerks earn an average of $57,490 annually. The lowest 10% make around $38,850, while the highest 10% earn $106,670. However, salary.com reports that career law clerks in the United States typically make between $98,068 and $122,582 per year. It is important to note that these salaries may vary based on the law clerk's experience, the type of law firm they work for (or job description if in a corporate law clerk role), and the firm's geographical location.
While law clerks and paralegals perform legal research to assist other legal professionals, paralegals are more likely to help with organizational tasks and administrative duties. In comparison, law clerks tend to work alongside an attorney or a judge and perform more specific case duties.
Paralegals acquire skills that are often transferable, which can lead to career growth and advancement opportunities. However, the path to career development may vary for each individual. Some paralegals opt to continue working in a law office or progress to a paralegal management position. Others choose to pursue further education and transition into a role as a postsecondary educator, become an independent paralegal, join a governmental agency, or attend law school to advance their legal career.
Although some law clerks may pursue a long-term career in this role, it typically serves as a stepping stone for individuals to gain valuable legal experience in criminal law. However, to legally practice law in their state of residence, they must pass the bar examination.
Various educational pathways are available for people who want to start their career in paralegal work. One of the most common ways to become a paralegal is to earn an associate's degree in legal studies. This two-year program provides the fundamental skills to start working as an entry-level paralegal. Associate’s programs are available online or in person through community colleges and universities. Another option for paralegals is to earn a bachelor's degree in paralegal studies, which is a four-year degree. However, some people with a bachelor's degree in a different field can transition into a paralegal career by obtaining a paralegal certificate. This credential can help individuals stand out from other job applicants.
While a degree or paralegal certificate may not always be mandatory to secure a paralegal job, as some firms may hire individuals who possess relevant experience, acquiring one can be advantageous. Many employers find that this education demonstrates that an individual who has received a formal legal education therefore, is more likely to be exposed to legal issues they may encounter as a paralegal.
When an individual obtains a degree from an ABA-approved school, it assures employers that they have received the necessary education and training at a program that follows the nationally established standards to become a productive paralegal.
Today, there are hundreds of options for pursuing a paralegal education, including online and on-campus programs. However, before choosing a program, it is crucial to take certain factors into account, such as:
The need for flexibility when it comes to taking classes
Increased networking opportunities, as online courses often let you interact with students all over the world
Accessible learning, which is another advantage of online classes since they can provide more opportunities for individuals to obtain the education they need
Laws, statutes, and regulations constantly change, making continuing education crucial for paralegals. Fortunately, there are many opportunities for paralegals to continue this education. For example, the Institute For Paralegal Education (IPE) provides hundreds of high-quality courses for paralegals looking to continue their education and gain valuable insight and actionable information.
Additionally, paralegals aspiring to specialize in a specific field of law have numerous options to choose from, including:
Estate planning
Real estate law
Criminal defense law
Personal injury law
Finance law
Family law
Immigration law
Government law
Litigation
Intellectual property law
Most individuals who become law clerks or wish to work in this position will complete a bachelor’s degree and then at least one year of law school. If individuals want to work for a federal judge as a law clerk, they will need to be a law school graduate.
In addition to law school, various law clerk preparation programs are available, which can help law students with their career growth. Depending on the program, more emphasis may be placed on writing, researching, and learning about specific rules and regulations. For example, the Law Clerk Program through the United States Tax Court focuses on tax laws.
Judicial internships and clerkship opportunities are typically volunteer positions that allow individuals to learn about the judicial world before graduation. For instance, the Judicial Clerkship Program is a program that helps law students perform legal research, prepare legal memoranda, explore legal issues, and defend their position to judges and colleagues.
This program also:
Allows law students and former law clerks to develop close working relationships with judges and other lawyers
It helps improve a student’s analytical skills, as well as their legal research and writing skills
Can enhance career opportunities
Allow new lawyers to have the whole experience of shaping the law
Before enrolling in law school or signing up for the bar exam, there are various considerations individuals should take into account before making a final decision.
These factors generally include the following:
It is important to note that the law school's location can affect internships and other learning opportunities, networking, and post-grad job prospects. You are also more likely to settle down in the area after graduation, which can influence your bar admission.
Law school is expensive. That is why individuals generally look for a school with the best possible return on their investment, including the opportunities the school can provide and even the available financial aid packages.
If you need clarification on which area of the legal industry interests you, it is crucial to research schools and their course offerings. Clarity can provide you with more opportunities to explore various legal specialties and help you identify the classes you need to take to pursue your desired legal career.
Are you interested in helping others? Are you a good reader, writer, and listener? Do you like to stand up for others or help deliver tasks efficiently? While there are various qualities that paralegals and law clerks tend to have, certain traits make a person more suitable for a paralegal and law clerk role.
Excellent listening skills
Detail-oriented
Dedication
Passion for Law
Wants to help others
Excellent research and writing skills
Patience
Interpersonal skills
Ability to stay organized
Solid research and writing skills
Ability to work with a team
Analytical skills, such as critical thinking
Time management skills
Ability to multi-task
Good communication skills
However, you must self-reflect on their strengths and weaknesses to truly understand which role is better. Self-reflection can help you figure out what legal pathway suits you best.
Although both paralegals and law clerks need to understand legal terminology and procedures thoroughly, there are differences between the two positions. Where paralegals are often in charge of performing legal tasks and administrative duties, law clerks are often responsible for helping judges and lawyers with case analysis and research.
Regardless of the position you are interested in, exploring the appropriate educational pathways based on your interests and qualifications is always a good idea. This exploration can help you build a strong foundation for your legal career.
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https://www.michigan.gov/taxtrib/misc/law-clerk-program-qualifications-1
https://www.nesl.edu/blog/detail/everything-you-need-to-research-in-a-law-school