Also known as:law clerks · law-clerk · law-clerks · judicial clerk · judicial law clerk
Written by attorneys · grounded in primary & secondary sources — see below
A judicial or legal assistant who conducts research, drafts memoranda and opinions, manages case files, and performs other tasks to support a judge or lawyer in handling matters before the court or in practice.
Sources & Authorities
How it applies
Common Examples
2
Former Clerk Seeks Representation
Luis Lopez served as a law clerk to a federal judge and personally reviewed motions and drafted orders in a contract dispute between Lumen Capital and Lighthouse Shipping. After leaving the clerkship, Luis joins a firm that represents Lighthouse Shipping in the same dispute. The opposing party moves to disqualify the firm because Luis participated personally and substantially in the matter as a clerk. The court grants the motion absent written informed consent from all parties.
Clerk Uncovers Key Authorities
In a contracts action between Triangle Marketing and Action Industries over the sale of cookie-shooters, the district judge's law clerk independently locates and analyzes UCC provisions and precedents that neither party's counsel had cited. The clerk's research enables the court to resolve the statute-of-frauds issue correctly. The opinion credits the clerk's work in a footnote while deciding the case on the merits.
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Casebooks
Dictionaries
Triangle Marketing, Inc. v. Action Industries, Inc.630 F.Supp. 1578, 1 UCC2d 36 (N.D.Ill. 1986)
Common questions
Frequently Asked
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What ethical restrictions apply to a former law clerk representing a party in a prior matter?+
A lawyer who participated personally and substantially as a law clerk in a matter may not later represent anyone in connection with that matter unless all parties give informed consent confirmed in writing. The restriction prevents the appearance that the former clerk is exploiting confidential information or prior access gained in the judicial role.
Supporting sources
May a law clerk negotiate for private employment while still serving?+
A law clerk may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating, but only after notifying the judge or other adjudicative officer. The clerk must also comply with any additional conditions imposed by the court.
Supporting sources
Does a judge violate judicial conduct rules by allowing a law clerk to receive an ex parte scheduling call that touches on substantive strategy?+
Yes. When an ex parte communication from a party addresses substantive matters such as evidence or strategy, the judge must promptly notify all parties and give them an opportunity to respond. Failure to do so violates the prohibition on ex parte communications even if the initial purpose was administrative.
Supporting sources
Is a lawyer required to report a judge's misconduct learned from a former law clerk?+
A lawyer who knows that a judge has committed a violation of judicial conduct rules raising a substantial question about the judge's fitness must report the misconduct to the appropriate authority. Credible, detailed information from a former clerk can supply the required knowledge even if the source is no longer employed by the court.
Supporting sources
97 F. Supp. 3d 359 (E.D.N.Y. 2015)Computer Law
…system. What of those less devoted to computers? Should a survey be taken on how they view some of these directions? Judges and law clerks tend to be sophisticated about navigating the internet and website. Are they attributing their superior knowledge to that of “read-less and run” types? A “hyperlink,” which is activated by…
Professional ResponsibilityConflicts of interest · Former judge, arbitrator, mediator, or other third-party neutralMPREFoundational