Primary Functions of a Law Clerk
The duties and responsibilities of a law clerk vary by firm, seniority of the clerk, and jurisdiction of practice. In general, law clerks support attorneys with research and document drafting and can be an invaluable resource if given the chance. Those who take the time to make strong connections with their law clerks usually end up with a law clerk that actively helps with their cases. Those clients will have heard of "magical" moments where their attorney knows things they should not know. This is the law clerk at work, usually asking or forwarding helpful resources they found on your case. Some reasons a strong relationship between a law clerk is created is due to the extreme importance entry level law clerks at larger firms have on the business. Because hiring associates from a prestige school is extremely competitive, many large firms use year-long law clerk positions to test out student hopefuls. This means for many clerks, the hope is to obtain a position with that firm after law school . This incentivizes strong performance, but also creates a very competitive environment among clerks when compared to the other clerks with the same objective. Law clerks at smaller firms handle many of the same tasks as associates. This might involve conducting research and supporting attorneys’ legal reasoning and interpretation. They might also help with drafting and reviewing legal documents such as motions, contracts and declarations. Law clerks may perform legal research to support their review of documents, such as checking precedent’s validity and citing to the appropriate case. Though larger firms may use different methods to vet potential candidates for associates, many smaller firms still expect law clerks to be self-starters. This means that clerks need to be prepared to handle substantive work without much guidance from their colleagues. This is especially important as many law firms only hire 1 or 2 out of each class of designated law clerks, making it important for law firms to be impressed by their clerks.
What Does an Associate Lawyer Do?
Associates are the junior lawyers in a law firm, tasked with important duties that support the work of the firm and management of clients’ cases. An associate may have anywhere from two to five years of legal experience. Duties assigned to associates often include the following.
Representation
Every lawyer is obligated to provide competent representation to each client, which is defined by the American Bar Association (ABA) Model Rules of Professional Conduct as "legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Competence means an associate lawyer should be able to perform the basic tasks required for a specific job with little supervision. The rules allow lawyers to associate with lawyers of established competence in the matter at hand to ensure competent representation. This is often how associates work to gain the experience essential for passing the bar exam.
Supervision
Supervision is not only wise, but required by the ABA Model Rules, under Rule 5.1 in particular. Associates are supervised by the senior attorneys in their firms and they, in turn, supervise the paralegals or legal assistants who work under them. Associates are expected to exercise supervisory responsibility by making reasonable efforts to ensure that all lawyers and non-lawyer assistants under their supervision conform to the Model Rules and all other professional obligations.
These roles can further an associate’s professional development, help the firm meet its ethical duty to refuse representation when it cannot provide adequate representation, and create a firm culture committed to professional ethics.
Education Requirements for the Law Clerk and Associate Positions
On the law clerk education side, in order to seek the law clerk position in the first place, you’ll need to be or have a graduate of an accredited high school or equivalent, or have attained a passing score on a qualifying test. Depending on the employer’s preferences, an associate degree or a two-year college diploma may also be required or preferred. The voter registration requirement is sometimes applied in larger municipalities and counties. Many employers will specify a preference for or requirement to possess certification from a recognized municipal court administrator organization such as the International Institute of Municipal Clerks (IIMC) Certified Municipal Clerk (CMC) designation. The CMC is earned after a period of time as a clerk under the supervision of an experienced municipality clerk, completion of three units of coursework covering clerking procedures, and professional development. It requires an examination. There are other certification organizations and options as well, such as the Master Municipal Clerk (MMC) offered by the IIMC or the University Clerks Institute. Advanced professional development is encouraged by most employers after hiring.
Associates positions require you to have graduated with an American Bar Association-approved law degree or be licensed in any state or territory to practice law. Some firms offering law associate positions specify a preference or requirement to have graduated at the top of your graduating class. Others emphasize the importance of extracurricular activities while in law school, rather than law school grades. At some law firms, travel or statewide mobility is required for associates. For candidates completing law school but not sitting for the bar exam immediately (usually a gap year before joining the law firm), associate or temporary positions may be available.
Advanced law degrees such as the LLM (Master of Laws – one year of study required) and JSD (Doctor of Juridical Science – three years of study required) offered by law schools may also be advantageous. There are also numerous advanced optional certifications offered by specialty bar organizations.
Advancement Opportunities: Law Clerk to Associate
Transitioning from Law Clerk to Associate
When there is not an option for immediate hire, a firm may eventually extend a full-time employment offer to its current law clerks (usually, 2Ls). If they are not hired, law clerks may go on to accept offers from other firms.
An offer from a former clerkship firm. A law clerk looking to become a full-time associate may have two options. He or she may receive an offer from the firm at which they were clerking. The firm’s hiring decision may be based on the law clerk’s performance and personality fit during the clerkship year.
A 3L who has been employed as a law clerk during their law school junior year may also enjoy some leverage with other firms in the summer after their clerkship year ends.
Applying to other firms. A law clerk may decide he or she wishes to apply to other firms or enter another practice area. In this case, if the clerk was hired because there was a lack of available headcount, he or she may receive an offer from the firm they have been clerking for and be expected to leave his or her law clerk position after the summer season. Additionally, even if the clerk is happy with the firm at which they are clerking, they may choose to pursue other opportunities in order to achieve a more desirable lifestyle or geographic location.
Future career progression. For example, if a firm hires a clerk, he or she may be required to come into the office full time only during the summer and break weeks, using other breaks to study for the bar and take the bar exam. The firm would expect the clerk to transition into the full-time associate position following receipt of Bar certification.
Depending on the firm’s preference and client base, associate rotation among practice groups may occur if an associate demonstrates a desire to rotate, a strong aptitude for another practice group and/or if the firm requires it for business purposes.
Salary Comparison: Compensation for Clerks and Associates
In the vast majority of law firms, associates make more than law clerks. Junior associates earn a salary that is higher than the Clerk I salary range, which is the range for law clerks who have graduated from law school within the last two to four years and have no prior experience practicing law. The typical salary range for a clerk I is from about $71,800 to $104,700. The starting salary for an associate attorney can be as high as $160,000 or more if you are a big firm. However, larger firms will often pay associates in some of their other cities a reduced rate. In smaller firms, the salary is typically less. The starting associate salary for a Houston law firm is in the $160,000 to $185,000, which is on the low end of the spectrum. This is particularly true when compared to the $215,000 New York City starting salary. However, what one needs to understand is that it is cheap to live in Houston and its surrounding suburbs, so a lower salary balances out your net income, since the cost of living is much less . Thus, it is not a big deal, and Houston firms can rest a little easier, as they have an abundance of associate talent to pick from. Therefore, the Houston, Texas law firm market is a cost-adjusted competitive one.
For reference, a Baltimore, Maryland law clerk I will earn between $70,000 to $75,0000. An associate at the same firm will earn between $137,000 to $150,000, but those salaries will be for the attorneys in that firm’s Baltimore office, not the young lawyers in a remote office.
In certain cities, such as Los Angeles, California, Mississippi and Tennessee, the potential earnings differential is rather pronounced. For example, a Memphis law clerk I earns $56,500, while the associate at the same law firm earns $92,500. In Los Angeles, a law clerk I begins at $86,000, and an associate starts at $141,000.
In summary, it is apparent that when looking at the national trends, individually working for a large law firm is more lucrative.
Work Setting and Advancement Opportunities
The working environment for law clerks and associates varies significantly based on the practice area, the law firm size, and the individual’s career trajectory. Law clerks typically work in a support capacity and focus on research and evidence-gathering. They might share an office with other clerks and are often separated from the associate and partner offices. Associates, meanwhile, may have their own office, though this is rare when starting out. When starting out, their time is more often spent either in a shared open office space or a cubicle. They are also more likely to be expected to attend meetings than clerks, who can usually opt out of proceedings that do not directly pertain to their research.
Both positions are subject to high demands in terms of hours and performance. However, they differ in their expectations for long-term development. Because clerks are usually temporary positions, they do not have as much need for mentors for career progression, and they may not be subject to the same billable hour requirements that associates are. Associates are often expected to find mentors and work on their own professional development earlier on in their careers if they wish to make it up the partnership ladder.
Law Clerk or Associate: Which Should You Choose?
In choosing between a law clerk and an associate position, there are a number of dimensions to consider. For instance, you tend to work longer hours as an associate, but the potential to increase your financial compensation can be significant. When you’re a law clerk, you’re generally compensated a set salary. There may be some flexibility built-in to the remuneration, but in most cases you don’t have the same type of pay structure (as an associate) where your income can significantly rise based on your time and level of production. Further, in most cases as an associate you’re earning more than you would as a law clerk. Another factor to take into account, from a work-life balance perspective, is the size of the firm you’re joining. A smaller law firm will typically allow you to go home earlier than a larger firm . That is to say that larger firms tend to have much more work on the go, so if you’re an associate at a small firm, the demands on your time are probably going to be much less than if you’re an associate at a big firm. In terms of career goals, if you’re looking to progress up the ladder, working as an associate is probably going to be your best option. Just as is the case in an associate position, you’re giving yourself the best chance of moving up the ladder by working as a clerk, but there’s no guarantee. Meanwhile, as an associate you might be able to make it to partner level within five years. In the end, whether you work as a law clerk or an associate is probably going to depend on the type of law firm you work for — as well as your own personal career goals. Some firms offer you the opportunity to start as a law clerk and eventually transition into an associate role.