Law Clerks

Abstract

This chapter considers the role law clerks play. Law clerks have a legal education and support judges in the adjudicative process, and are often employed to make courts more productive and to help judges concentrate on hard cases. Different forms of clerking can be found in most judicial systems of the world. Law clerks can be young graduates hired for educational purposes, seconded judges assisting higher court judges for a few years, or settling on a long-term clerk career. They may be organized in pools assisting different judges or be assigned to individual judges. Tasks range from doing research and writing memos at first instance, assisting in gatekeeping at higher courts, to being present at oral hearings and deliberations, and to draft complete judgments. The central question is the degree of influence law clerks have. Outside the United States, research on law clerks is still relatively rare and comparative research is still in its early stages. Comparative research on law clerks can provide unique insights into legal careers, courts as organizations, as well as judicial decision-making.