The Clerking Experience

The Role of Superior Court Law Clerk

What type of work does a Superior Court clerk typically do?

Judges' law clerks have the unique opportunity to work closely with judges and to become involved in many aspects of the trial process. Law clerks review pleadings, provide judges with oral opinions and written memoranda of law on a broad range of legal topics and prepare case summaries. Depending on the needs of the judge, a law clerk may be asked to perform exhaustive research from all relevant sources, or to find a quick answer during the course of a hearing. Law clerks may also assist judges in preparing scholarly work, speeches, and presentations on law-related topics.

Why would I want to clerk at a trial level court?

Clerking at the trial level is about more than legal research. One former clerk described her experience as follows:

Working at the Court allows students to gain experience with both practice and substantive legal issues through a very hands-on, daily exposure to the court process, litigation, and advocacy. The opportunity to sit in on hearings allows students to witness both good and bad advocacy in action and to learn about contemporary issues of the law. In addition, clerking complements formal legal education by serving to ‘humanize’ the law. Sitting in on trials and hearings exposes clerks to the people involved with the court process, facets that were largely absent throughout law school and its focus on appellate-level decisions. The chance to later discuss what we have seen and heard with the judges and our mentors has also proven to be an invaluable insight into the judicial process and decision-making.

Will clerking prepare me adequately for the practice of law?

The blend of research and legal writing, the opportunity to see the trial process first hand, and the exposure to trial lawyers' written and oral advocacy all give clerks a strong foundation on which to build their legal careers. Our former Superior Court clerks have successfully gone on to practise law in a variety of areas and settings.

What do law clerks typically do after clerking?

Superior Court law clerks have gone on to pursue a variety of legal and non-legal opportunities:

• graduate studies at universities throughout Canada, the United States, and Europe
• jobs within the federal and provincial civil services, including work as Crown Attorneys and policy advisors
• work in private practice across the country in small, medium-sized and large law firms
• public interest work within the legal aid system and for non-profit organizations
• work as legal researchers and consultants.

Will I have the opportunity to spend time in court?

Law clerks are encouraged to attend hearings and to discuss their observations with the presiding judges. This opportunity to engage in candid discussions gives law clerks valuable insights into judicial reasoning and decision-making processes. Law clerks observe outstanding advocates bring court procedure and rules of evidence to life in conducting their opening addresses, direct examinations, cross-examinations, and closing arguments. They also observe and discuss jury selections, sentencing hearings, case conferences, bankruptcy hearings, summary conviction appeals, civil motions court, and family court.

What other educational opportunities are open to the law clerks?

Law clerks throughout the province participate in educational seminars held throughout the year. The seminars are conducted by judges and senior counsel on topics of interest to the clerks. Law clerks have also traditionally been invited to attend judges' conferences and training is provided to clerks during an initial two-day orientation session.

When are applications due?

The deadline for the Superior Court and the Divisional Court is 5:00 p.m., Friday January 27, 2012.

Deciding Where to Work

Where can I work as a law clerk?

• 10 clerks in Toronto (including 2 Divisional Court clerks)
• 2 law clerks in Hamilton
• 2 law clerks in Brampton
• 2 law clerks in Ottawa
• 2 law clerks in Newmarket
• 1 law clerk in London
• 1 law clerk in Windsor
• 1 law clerk in Sudbury
• 1 law clerk in Thunder Bay

Is there an advantage to clerking in any one region over another?

Each region offers the opportunity to work with a variety of judges on a wide range of legal matters. While the law clerks may be geographically dispersed, they may work collectively with law clerks in other regions. All the law clerks are supervised by Counsel in Toronto, and each clerk has his or her own judicial mentor. Salary and benefits are the same from region to region.

If you would like to know more about a particular region, you may wish to contact a law clerk in the region.

In Toronto, how many judges does a law clerk typically work for at any given time?

In the Toronto Region, there are two rotations. For each rotation, each law clerk is typically assigned to work for eight to ten full-time and supernumerary judges. The judges themselves are assigned to various rotations, including family, criminal, commercial, and civil. This way, law clerks get to work with a variety of judges on a wide range of matters.

How is work distributed to clerks in London, Windsor, Ottawa, Newmarket, Brampton, Hamilton, Sudbury and Thunder Bay?

The law clerks in these centres provide research to the judges throughout their respective judicial regions. The work-sharing arrangements in regions with more than one clerk vary from region to region.

What is the role of the Divisional Court law clerk?

In Toronto, two law clerks are dedicated to the Divisional Court. The Divisional Court clerks provide legal research assistance to the judges assigned to Divisional Court and prepare pre-hearing bench memoranda. This position provides a good opportunity for a student to observe the argument of appeals and judicial review applications in court and to consult directly with the judges involved. The Divisional Court clerkships appeal most to those who would like to develop in-depth expertise in administrative, labour, constitutional, judicial review, and appellate legal issues.

What are the terms of employment?

All clerks begin their clerkships in August. Law clerks’ benefits include vacation pay, statutory holiday pay, 4% pay in lieu of other benefits, paid sick days and an educational stipend. Law clerks are also included in the Ministry of the Attorney General hireback pool and may apply for internal counsel positions after clerking and completion of bar admission.

How to Contact Us

The Manager of Legal Research, in the Office of the Chief Justice, is available to answer any questions about the law clerk program or put you in touch with any of our current law clerks. You may reach him/her by telephone at (416) 327-5005.