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Clerkship

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A law clerk , judicial clerk , or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks , or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges.

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67-472: Clerkship may refer to: Law Law clerk - a law student or recent law graduate who practices law under the guidance of a judge or licensed attorney. A court clerk is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. Medicine Clinical clerkship -

134-530: A case should be admitted for a regular hearing on merits. In recent years, the contributions of law clerks to research for judicial opinions have become increasingly evident on account of increasing references to foreign precedents and academic writings. In Ireland Judicial Assistants provide support to the judiciary comparable to that provided to judges of the Federal Courts of the United States,

201-521: A distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada and the Quebec Court of Appeal , being able to work in both English and French is strongly preferred. The Tax Court of Canada hires 12 clerks annually. Many law clerks have gone on to become leaders of the profession. For example,

268-527: A former Minister of Justice). Contrary to many Western legal systems, the profession of a judicial assistant in Poland is sometimes described as "poorly paid" and "unattractive". Basic salary in common courts is set by a regulation of the Minister of Justice and since June 2016 amounts from 3000 PLN to 4200 PLN per month (ca. €695 to €975 gross). In the case of administrative courts, the salary of assistants

335-474: A highly sought-after opportunity. Working as a judicial assistant is considered to be a unique and prestigious opportunity for junior solicitors or barristers, and is viewed as a stepping stone to a successful career in law. Upon completing the position, judicial assistants typically return to private practice, working as solicitors in Magic Circle firms or barristers in top chambers. While traditionally

402-591: A hike to Rs 32,000 for clerks who stay for longer than a year. For the 2012-13 session each law clerk at the Supreme Court was paid a stipend of Rs 25,000 per month, which may be increased further in the next year. Till 2009–2010 each law clerk at the Supreme Court of India was being paid Rs. 20,000 per month. In addition to this, students from law colleges all over the country are given the opportunity to act as 'legal trainees' under Supreme Court judges during their vacation periods. The institution of law clerks

469-552: A law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research. The most prestigious clerkships available in France are before courts of appeals, which review decisions of lower courts. A similar system exists in the administrative courts, including the Conseil d'Etat. In Germany, there are two different kinds of law clerks. Students of law who, after law school, have passed

536-644: A law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis of the Supreme Court of Canada and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were formerly law clerks at the Ontario Court of Appeal. In England and Wales , law clerks are called judicial assistants. It is possible to be a judicial assistant at the Court of Appeal and at

603-454: A period of medical education in which students (medical, nursing, dental, or otherwise) – practice medicine under the supervision of a health practitioner. Especially clinical training for physicians in training during the second half of medical school. Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Clerkship . If an internal link led you here, you may wish to change

670-611: A time. Though most of the law clerks usually begin their one-year service period in July each year, soon after the completion of the LL.B. degree, though there have been instances of law clerks serving after having accumulated some work experience. The work profile of the law clerks varies as per the judges who they work under. Generally, it involves preparing summary opinions and briefs for the Special Leave Petitions listed for

737-483: A year the law clerk is entrusted with judging simpler criminal and civil law cases by himself (in General Courts), such as petty theft or a civil case involving low sums of money. In the United States, judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a U.S. federal judge ,

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804-461: Is based in Ottawa but hears cases across the country, selects 15 law clerks each year, or one per judge. The Federal Court also hires only one clerk per judge, or about 30 per year in total. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City but

871-631: Is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in academia , law firm practice, and influential government work. Among the most prestigious clerkships are those with the United States Supreme Court , the United States courts of appeals , United States district courts , specialized courts such as the United States Tax Court and

938-449: Is highly competitive, with most federal judges receiving hundreds of applications for only one or two open positions in any given year. Federal appellate judges tend to recruit primarily from the most prestigious and highly-ranked law schools in the United States. Justice Clarence Thomas is the major exception to the rule; he takes pride in selecting clerks from non-top-tier schools, and publicly noted that his clerks have been attacked on

1005-789: Is no express provision on age. Many of the assistants with professional experience are eligible for admission to practice law. They are not to be confused with court clerks ( Polish: "urzędnicy sądowi"), due to the fact that the latter do not have legal qualifications and exercise only administrative tasks, whereas assistants draft legal decisions or opinions, and conduct legal research. Judicial assistants also differ from "judicial clerks" or "court referendaries" ( Polish: "referendarze sądowi") in that they possess no judicial powers, and cannot make binding legal decisions on their own. Law clerks in Poland have their own organisation called National Society of Judicial Assistants (Ogólnopolskie Stowarzyszenie Asystentów Sędziów). There are varying opinions on

1072-788: Is regulated by the President of the Republic of Poland , and ranges from 1600 PLN even up to 5200 PLN, depending on whether we are dealing with a senior assistant or not. The remuneration rules at the Supreme Court of Poland and the Constitutional Tribunal are provided by respective internal regulations. Since 1991, law graduates from the National University of Singapore , Singapore Management University , and reputable foreign universities, only those obtaining first class honours or equivalent, are invited to join

1139-464: Is still a recent development in the context of the Indian judiciary. Anecdotal references indicate that some justices are hesitant to rely on 'law clerks' on account of concerns with confidentiality, especially in politically sensitive disputes. However, their services are heavily relied on to go through the written submissions in order to prepare for the preliminary hearings that are held to decide whether

1206-507: Is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. The Court of Appeal for Saskatchewan hires 3 clerks, each of whom is assigned to 2 to 3 judges. The New Brunswick Court of Appeal hires two law graduates, who serve as law clerks working under the direct supervision of the Chief Justice of New Brunswick. Successful candidates for all clerkships are usually selected based on

1273-640: The European Court of Justice (ECJ) provides one detailed point of comparison (2000). There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U.S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions,

1340-574: The Federal Constitutional Court (who have the right to select their wissenschaftliche Mitarbeiter personally) prefer clerks from outside the courts or the civil service, especially those who are or were professors of law and who often hire people from academia (sometimes even young law professors). The clerks of the Federal Constitutional Court are deemed very influential and are therefore dubbed

1407-581: The Supreme Court as Justices' Law Clerks. The Supreme Court comprises the High Court and the Court of Appeal, which is the final court of appeal in Singapore. Upon accepting appointment, Justices' Law Clerks are appointed for a term of one and a half years, with a possible 6-month extension. During their term, the law clerks are given the opportunity to work with both the judges of the High Court as well as

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1474-508: The Supreme Court of Poland , and the Constitutional Tribunal , where special regulations may apply. They are recruited in a competitive process with three phases: the application itself, a test of legal knowledge, and an interview. Only law graduates who are Polish citizens of good character and are above 24 years old can apply for a post in common courts. Similar requirements pertain to the administrative courts, except there

1541-735: The UK Supreme Court (formerly the Appellate Committee of the House of Lords ). Only Supreme Court judicial assistants are appointed for a full-time, one-year fixed-term appointment. Since 2006 they have taken part in a week-long exchange in Washington DC at the U.S. Supreme Court established by the late Justice Antonin Scalia and Lord Rodger of Earlsferry . Sally Kenney's article on clerks, or référendaires , on

1608-656: The United States Bankruptcy Courts , the New York State Commercial Division, Delaware Court of Chancery , and state supreme courts . Some U.S. district courts provide particularly useful experience for law clerks pursuing specific fields. The Southern District of New York deals with a heightened volume of high-profile commercial litigation, the Eastern District of Texas handles the most patent cases in

1675-474: The articling requirement for provincial law societies, which qualifies a person to become a practising lawyer in a Canadian jurisdiction. The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada , followed by the Federal and provincial Courts of Appeal. Each Justice of the Supreme Court hires four clerks for a one-year period. The Federal Court of Appeal, which

1742-400: The (unofficial) Dritter Senat ("Third Senate") as opposed to the two official " senates " of 8 justices each which form the court. In Hong Kong , law clerks are known as judicial assistants. Since 2009, the Court of Final Appeal has been offering full-time, one-year fixed-term appointments to junior lawyers who graduated from highly ranked law schools. This program was initiated under

1809-583: The Bar in Canada or abroad (typically in the United States or the United Kingdom ). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills

1876-616: The Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in Halpern v Canada (AG) that found defining marriage as between one man and one woman to violate Section 15 of the Canadian Charter of Rights and Freedoms , legalizing same-sex marriage in Ontario and making Canada

1943-413: The Court of Final Appeal. Their main role is to help judges research points of law, analyze appeals and leave applications, and draft memoranda on legal points. They also undertake a range of other tasks, such as preparing press summaries and fact summaries of appeals, as well as notes for judges’ external speaking engagements and participation in legal conferences. Additionally, judicial assistants assist in

2010-689: The Courts of Australia, the European Courts in Luxembourg and Strasbourg and the Supreme Court of the United Kingdom. They are typically recent law graduates and were introduced on a gradual basis to phase out the traditional Usher/Crier or "tipstaff" position (a process that is almost complete), while simultaneously providing research assistance to the judge to whom they are assigned. Judges of all jurisdictions have Judicial Assistants, with

2077-490: The Delaware Court of Chancery hears a substantial volume of corporate and shareholder derivative actions. Most law clerks are recent law school graduates who performed at or near the top of their class. Federal judges, especially those at the appellate level, often require that applicants for law clerk positions have experience with law review or moot court in law school. As such, the law clerk application process

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2144-543: The Divisional Court of the Ontario Superior Court of Justice ). The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law , constitutional law , criminal law , administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of

2211-405: The High Court, clerks are assigned to two or three judges (including Associate Judges). In the Court of Appeal of New Zealand and the Supreme Court of New Zealand , each judge has their own clerk. The Chief Justice is the exception and has two clerks. Judges clerkships are highly sought after and competition is extremely competitive; judges' clerks often have class ranks that put them at, or near,

2278-593: The Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour , formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights , also served as

2345-526: The Internet as "third tier trash". Court of Appeal for Ontario The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal ) ( ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario , Canada . The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and

2412-899: The Judges of the Appeal and the Chief Justice. After their term, the law clerks have the option of joining the permanent establishment of the Singapore Legal Service . If they take up this option, they will be posted to other branches of the Singapore Legal Service, for example as Deputy Public Prosecutors at the Attorney's General Chambers or as Assistant Registrars in the Supreme Court Registry. Many Justices' Law Clerks choose to join private firms after their stint (and several have recently achieved

2479-561: The Justice's trust. Each justice has his or her own method for interviewing and appointing court attorneys. Polish law clerks are called "asystenci sędziów", which can be directly translated as "judges' assistants" or "judicial assistants". Generally their status is regulated by the Law on the System of Common Courts of July 27, 2001, but there are also assistants in the administrative courts,

2546-587: The Miscellaneous Days (i.e., Monday and Friday). On the Non-Miscellaneous Days, involve attending Court proceedings and preparing notes for the arguments advanced by the counsels on matters listed. They also assist the judges in drafting the judgments and orders by supplementing it with research and case analysis. In 2014, the Supreme Court increased the monthly stipend of law clerks/research assistants from Rs 25,000 to Rs 30,000, with

2613-663: The Research Centre of the Lahore High Court and assist all the judges in the various registry benches of the Lahore High Court. In the Supreme Court of the Philippines and the Philippine Court of Appeals , recent law graduates and young lawyers can apply for a position as a "Court Attorney" to a Justice. This position basically corresponds to what is called a "law clerk" at the Supreme Court of

2680-412: The Supreme Court for six years. In lower courts, the duties of a law clerk are generally carried out by the "griffier". It is customary for the griffier to attend the deliberations of the judges, as well as to draft the verdict. They therefore do have some influence on final decisions. In addition, the griffier is also responsible for many of the duties of a court clerk, such as keeping records and making

2747-676: The U.S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics claim. The ECJ also admits a limited number of selected law graduates as Stagiaires . Their duties are more similar to those of the law clerks of the U.S. Supreme Court. In France, law clerks are called juristes assistants. They typically go through a competitive nomination and interview process to get accepted as law clerks. Most French courts accept applications for judicial clerkships from graduating law students. Students in their last year of law school are eligible to apply, although most law clerks are PhD candidates in Law or candidates for

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2814-466: The United States. Each of the 15 Supreme Court justices has 5 to 10 court attorneys at any given time. Court attorneys at the Supreme Court of the Philippines are co-terminus with their justices. Some stay for one year or less, others stay for as long as their respective justice serves the Court. Previous court attorneys have become notable Justices themselves e.g. Justice Vicente V. Mendoza, Justice Antonio Abad etc. or have gone to hold important positions in

2881-530: The auspices of former Chief Justice Geoffrey Ma . The selection process for the position of judicial assistant is highly competitive. Applicants are typically required to have strong academic backgrounds, possessing first-class LLB or LLM degrees from reputable universities, as well as prior experience in international law firms or reputable chambers. They are expected to be in the top 5% of their graduating class or hold degrees from Oxbridge . Hundreds of applicants vie for just six or fewer open positions, making it

2948-495: The bar exam or a French civil service competitive entrance exam such as French National School for the Judiciary, French National School of Public Finances, or French National School of Court Clerks. Law clerks ( juristes assistants ) are hired for three years renewable once. Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général). The work of

3015-571: The clerk switch judge after a time, usually three months. The rationale being that working for different judges broadens the scope of learning. The term as law clerk is two years, after which the law clerk may opt to apply to the Court of Appeals in the Administrative system or the General system ("kammarrätt" or "hovrätt") and continue on the path that traditionally leads to Judge, or leave the Court system for another career. Having completed

3082-479: The court orders and preparing briefs etc. Law clerks serve as paid staff of the court for an extendable one-year term. The Supreme Court has 17 law clerks for the year 2017-2018. In the Lahore High Court , many civil judges with master's degrees (mostly LLM) and post-graduate research experience are appointed as research associates equivalent to law clerks to the judges of the court. They function through

3149-420: The court such as Court Administrators or Deputy Court Administrators. Many of them have gone on to successful legal practice, in business, or in the academe. The position is an extremely difficult one to get accepted to because aside from the competence requirement, there is also the character requirement that differs from one Justice to another. The position is basically a confidential one and the lawyer must enjoy

3216-630: The discretion of individual judges. The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions from the Colleges and Universities empanelled with the Registry. The Universities nominate/recommend their students to the Registry which screens the applications and shortlists candidates. The shortlisted candidates are interviewed by an esteemed panel of sitting Supreme Court Justices in

3283-639: The exception of ordinary judges of the District Court. Judicial Assistants are typically recruited on a three-year contract and take up the role for this or a shorter period of time, generally before entering/returning to practice or academia. In Mexico , duties conferred to law clerks in some common law countries are charged in a person called "Secretario de Acuerdos" or "Secretario Proyectista", for lower courts and, "Secretario de Estudio y Cuenta" for higher court: "Suprema Corte de Justicia de la Nación". Secretario de Acuerdo's main activities are: conducting

3350-410: The first jurisdiction in the world where same-sex marriage was legalized by a court ruling. Among many judges from the Court who have been elevated to the Supreme Court of Canada are Justices Rosalie Abella , Louise Arbour , Peter Cory , Louise Charron , Andromache Karakatsanis , Bora Laskin , Michael Moldaver , and Mahmud Jamal , as well as Bertha Wilson , who was the first female justice on both

3417-567: The first of two required examinations join the Referendariat , a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm. The purpose of this clerkship is solely the legal education of the clerk (Referendar) and not giving assistance to his instructor. In the Federal Supreme Courts (see Judiciary of Germany ) and

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3484-532: The first week of June. The final merit list is prepared and the selected candidates are offered positions to work under the sitting judges of the Supreme Court starting from the month of July. The eligible candidates receive offers throughout the year as and when the vacancies are created in the Chambers of Justice. Usually, two law clerks are assigned to each judge for one year, though some justices are known to sometimes engage either one or more than two law clerks at

3551-530: The influence of assistants on the Polish judiciary. Some scholars criticize the profession, because - in their view - judges themselves should write their own opinions, as it would positively affect the quality and length of these documents. However, prominent judges state that "a good assistant is a treasure to have" (Judge Krystian Markiewicz), while others complain that they do not need assistants who "make no unaided decisions whatsoever" (Judge Barbara Piwnik, also

3618-447: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Clerkship&oldid=1230946720 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Law clerk Judicial law clerks are usually recent law school graduates who performed at or near

3685-484: The minutes of court sessions. Although the role of griffier is often held by a permanent member of legal staff of the court, it is not uncommon for the role to be held by an advanced year law student, in which case they may be referred to as a "buitengriffier" (external clerk). Law clerks are referred to as judge's clerks in all four levels of the New Zealand court system. It is a fixed term position of 2 years. In

3752-694: The most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, and over time. Furthermore, this role is heightened because the European Union is composed of nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change. While Kenney concludes that they have more power than their counterparts on

3819-878: The nation, the Northern District of California leads the country in antitrust suits, and the District of Columbia hears many high-profile disputes involving the federal government . Similarly, the United States Tax Court specializes in adjudicating disputes over federal income tax , the United States Bankruptcy Courts specialize in issues arising under the United States Bankruptcy Code , the New York State Commercial Division adjudicates high-profile commercial matters in an expedited fashion, and

3886-478: The office of the Federal Prosecutor General , the duties of law clerks are performed by wissenschaftliche Mitarbeiter ( German for "scientific assistant"). With few exceptions, they are lower court judges or civil servants, assigned for a period of three years to the respective Federal Court, and their clerkships serve as a qualification for a higher judgeship. However, some justices of

3953-484: The one with the highest score applying to any given spot is accepted. One applies to the Swedish Court Agency (Domstolsverket) about six times a year, which calculates the scores and apportions the applicants. The Courts in the bigger cities naturally tends to be most popular, thereby needing the highest scores even if they also have most law clerk positions. The ratio is about one law clerk per judge, and

4020-467: The position of judicial assistant in Hong Kong was regarded solely as a gateway to a career at the bar, recently there has been a growing trend of law firms hiring individuals who have completed their tenure as judicial assistants, due to their high calibre and valuable experiences in court proceedings. The primary responsibilities of judicial assistants are to provide support and assistance to judges in

4087-459: The preparation of specimen directions, case bulletins, and publications related to judicial education. In India law graduates go through a competitive nomination and interview process to get accepted as law clerks. The Supreme Court of India and several High Courts of India offer paid law clerkships that are considered very prestigious. These clerkships usually last for one year (session commencing from July to Mid of May) and may be extended at

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4154-408: The public hearings, writing verdicts, ordering to execute sentences, and providing general assistance to Judges, while Secretario Proyectista's activities are to draft sentences. Law clerks of the Supreme Court of the Netherlands are independent researchers. Applicants are recruited from the top law firms and universities. For most, it is a highly prestigious second job. Law clerks typically work at

4221-408: The scrutiny committee, consisting of senior judges and law clerks of the Court, before final appointment. In recent years, all law clerks appointed have been licensed advocates placed at the top of their class with excellent research credentials. Law clerks sit in court during hearings. In chambers, law clerks assist the judge in making determinations of law, conducting research, critically proof-reading

4288-470: The title of Senior Counsel ), while others have chosen a path in academia. After successfully obtaining the Swedish law degree called Candidate of Law one can apply for a position as a law clerk ("notarie" in Swedish) either in the Administrative Courts ( förvaltningsrätt ) [1] or in the General Courts ( tingsrätt ). [2] Applicants are rated according to their accumulated points, which are calculated mainly by grades. Higher grades giving higher scores and

4355-953: The top of their class and/or attended highly ranked law schools. Serving as a law clerk is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in academia , law firm practice, and influential government work. In some countries, judicial clerks are known as judicial associates or judicial assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice-like judges, such as those that sit on France's Conseil d'État . In English and Hong Kong courts, they are known as judicial assistants. The European Court of Justice uses permanent staff attorneys ( référendaires ) and stagiaires (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems. Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to

4422-457: The top of their graduating class. The Supreme Court of Pakistan has an extensive and competitive program for the appointment of the Law Clerks/Research Associates. Applications are invited from all over Pakistan calling on fresh law graduates, Advocates and Barristers to submit their CVs, transcripts/degrees, three letters of recommendation and a legal writing sample. Applicants thereafter are shortlisted purely on merit and interviewed eventually by

4489-428: The two years is considered qualifying and may open up career opportunities otherwise closed. The work as a law clerk mainly entails assisting the judges with writing verdicts and decisions, keeping the records during trials and conducting legal inquiries. After about six months the law clerk is trusted with deciding simpler non-disputed issues by himself (such as registering prenuptials or granting adoptions). After about

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