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If you are interested in legal process and procedure, but the thought of a four year Bachelor of Laws degree and one year as an articled clerk seems a bit daunting, you might want to consider becoming a law clerk instead.
A law clerk assists a lawyer in a wide range of clerical, administrative and basic legal duties. They may be asked to draft letters to clients, solicitors or other parties and to assist with telephone inquiries.
The Legal Paper Trail
Managing client cases, where the procedures are fairly routine, is another role that a law clerk undertakes. Under the supervision of a lawyer, they establish client files and undertake any necessary searches and procedural tasks. They may also prepare simple legal documents for the lawyer's consideration and approval. Law clerks are not however, entitled to give legal advice or make any legally based decisions. That is the job of a qualified lawyer.
The exact nature of a law clerk's duties is determined by the area of the law their employer specialises in. Law clerks working in the area of conveyancing, for example, will prepare legal documents such as transfers of land for the sale, purchase or rental of commercial or residential properties. If the law firm specialises in securities, law clerks are likely to prepare mortgage documents. If they are working in the area of probate, the law clerk will be involved in the preparation of wills.
Legal Detective Work
A law clerk also provides assistance by undertaking research. Often he or she will search for previous cases where the final judgement of the court may be used as supporting evidence for a client's claim.
Vince, a former law clerk and current articled clerk, loved that aspect of the work.
''Being a law clerk was both challenging and exciting. I particularly enjoyed getting to explore the controversial and unpredictable side of the law.''
The size of the law firm will also play a role in determining the everyday duties of law clerks. In smaller law firms, law clerks may have a combined role of a law clerk, a receptionist and an 'outside' clerk. The duties of law clerks employed in larger firms tend to be more specialised, and may involve quite detailed research. Large firms typically also engage 'outside' clerks who spend their time visiting courts and government agencies to lodge legal documents, or attending settlements for clients.
Most law clerks work in legal firms. However, there are opportunities for employment in government departments such as the Ministry of Justice and WorkSafe Western Australia. Opportunities also exist in real estate and working for settlement and conveyancing agents. Most work is completed indoors in a normal office environment. The working day is usually from 9-5, however overtime is expected if a particular deadline has to be met.
Do You Have What It Takes?
There are many skills that a law clerk must possess. An understanding of legal terminology and good typing and computer skills are really important. Excellent organisational skills are needed to ensure that files are in order and up to date. As a go between for the client and the lawyer, it is essential that law clerks have excellent oral communication skills and good presentation capabilities.
Progression to the position of a senior law clerk is possible but usually takes a number of years. A senior law clerk works mostly unsupervised and has increased responsibility. Your role as a senior law clerk may also involve the supervision of staff working as junior law clerks, secretaries and outside clerks.
''After several years practice as a law clerk, I feel that I can complete more complex tasks and that I am a significant part of the legal process. I enjoy knowing that I am a valuable asset to my employer,'' says a senior law clerk.
There will always be a need for competent law clerks. However, due to a low staff turnover rate, job openings occur infrequently. Most people tend to stay employed in the same position for a number of years. In Western Australia, many positions are filled through networking, rather than through advertising.
A lawyer in Perth, Western Australia says,
''We look for someone with a good positive attitude and outlook. Someone who can show that they are well organised and thorough and willing to learn about legal procedures.''
Salaries for law clerks vary from firm to firm. However, in general, salaries may range from approximately $30,000 through to $45,000 per year. Experienced, senior law clerks can earn more than this.
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