The Fundamental Differences Between Law Clerk & Paralegal

You’re intrigued with the law, have a head for details, are driven to contribute to the legal system and now you want to know where to specifically direct your talents. With your sights set on a legal program, whether a law clerk course/law clerk program or training to become a paralegal/paralegal training program, you need to have a clear understanding of the difference between these two disciplines.

While both are integral to the legal profession, providing valuable support to ensure efficient process and fair proceedings, there are a number of fundamental differences between them.

Below we offer an outline of the roles and responsibilities of each, so that you can make an informed decision before embarking on a career you feel is best suited to you.

LAW CLERK

What is a law clerk?
Working under the direction of a lawyer, law clerks are responsible for a broad range of office procedures, with an emphasis on case and file management, time and financial management, client communication and record keeping, in compliance with professional standards. They may also assist lawyers or judges in preparing legal or court documents.

A law clerk’s responsibilities.
Day-to-day duties are often dictated by the work environment and can include filing documents with the courts, interviewing clients and witnesses, researching and drafting court documents as well as accompanying lawyers to meetings and court appearances.

Work environments.
Government offices, municipal, provincial or federal courts, real estate companies, law offices, legal departments of companies.
Education.

At Anderson College, the Law Clerk program is 52 weeks and includes a 4-week practicum with on-the-job training with potential employers. It is taught by industry experts and offers both in-class education and practical training, learning from real cases and court visits. Ultimately, our Law Clerk Diploma program prepares students to write one, or all, of the four provincial Law Clerk exams: Litigation, Corporate Law, Real Estate, and Wills and Estates.

PARALEGAL

What is a paralegal?
Paralegal is a licensed profession in Ontario and paralegals now have their own scope of practice and, within these permitted areas, provide an affordable option for legal services. They may act independently in the representation of clients in small claims matters; landlord/tenant matters; matters before many provincial agencies, boards, and tribunals, such as the Landlord Tenant Board and the Workplace Safety and Insurance Board. They may also appear on summary conviction procedures for criminal offences.

A paralegal’s responsibilities.
Administrative tasks such as record keeping, data entry, research, client interviewing, sorting and filing documents and also providing assistance to lawyers as they prepare cases for court. As paralegals can have their own legal services businesses, they require a keen understanding of ethics and professional responsibility, how to operate a small business and legal accounting.

Work environments.
Many paralegals will choose to have a practice of their own to provide client services, however other work opportunities are available in government, large corporations, law and paralegal firms, financial institutions, courts and legal clinics.

Education.

Anderson’s Paralegal program is 50 weeks, including a 4-week practicum with on-the-job training offsite with potential employers. It is accredited by the Law Society of Ontario until 2025 and provides students with the required substantive law training to successfully enter the Law Society of Ontario’s paralegal licensing process. Students will learn constitutional and administrative law, client interviewing, legal research, evidence, small claims court, provincial offenses, legal writing, dispute resolution and mediation, legal computer applications, tribunals, immigration law and landlord and tenant law. All law courses are taught by lawyers or licensed paralegals.

It is important to note that to provide legal services in Ontario a person must be licensed by the Law Society of Ontario, and to obtain that license, a person must graduate from a program accredited by the Law Society of Ontario, pass a licensing examination and be of good character.

THE FUNDAMENTAL DIFFERENCES

While there is much overlap between these two dynamic professions:

• a law clerk is a person, qualified through education, who is retained by a lawyer, law office or government agency who provides administrative and managerial duties
• a paralegal also supports a legal team however, licensed paralegals in Ontario have a special status, in that they are also allowed to represent clients independently.
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Still considering if becoming a paralegal in Ontario or pursing a law clerk career is for you? Take the “Anderson College Legal Career Training Quiz”.

If you still have questions, you can click to learn more about our Law Clerk program and our Paralegal program, or we’re always here to help you navigate your way, personally. Book a virtual appointment with an Admission Advisor today.

Quick Links to Fuel Your Success!

We want to make sure you have what you need to succeed! Check out these reference links:

• Law Clerk Program & Courses at Anderson College
• Paralegal Program & Courses at Anderson College
• Anderson College (Legal Career Quiz)