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Author Topic: Question for our attorneys in the group  (Read 532 times)
Jersey mike
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Brick,NJ


« on: October 15, 2020, 06:30:08 AM »

I’m trying to understand how the legal community utilize clerks, interns and paralegals.

I guess first what is the difference between each and their duties.

Second would be how would a Judge’s review of legal issues ie; statutes, laws and bills be delegated to his staff. It’s my understanding some of those could be hundreds of pages long.

Do judges read something in it’s entirety and then take opinions from his staff?

Or does a judge delegate sections of a legal document to his staff for review and interpretation, then a judge draws their own conclusions.

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Oss
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The lower Hudson Valley

Ossining NY Chapter Rep VRCCDS0141


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« Reply #1 on: October 15, 2020, 07:09:36 AM »

that is a 6 month course, maybe 2 of them
First with lawyer then court

Lawyers are allowed to use paralegals (they have a degree) and clerks (usually had to pass a civil service exam)
In fact smart lawyers use non attorney sales people as a force multiplier as well as paralegals
Paras can not sign escrow checks but in NY can be at the closing alone They cant argue before a Judge
I have one office manager (there is a professional society) who is also my receptionist and who prepares most of my papers for court and is my IT person (my daughter Stacy).   Yes I review every word before it leaves the office.       Wife does the books and website stuff.



Every Judge has a courtroom clerk responsible for making sure the file is in the courtroom and signing in all parties and calling out the case if there is no bailiff
The court attorney usually conferences cases before the Judge gets a shot at it
The court attorney can brief the judge (s hit rolls downhill) and sometimes sits next to the judge during trial taking notes (while the judge is maybe otherwise occupied with the newspaper or whatever)

A Judge may have 3 law clerks on SCOTUS and they have crushing caseloads  Reading is part of the job You damn well better to be able to read a few hundred pages a night.  Fortunately I was taught speed reading in NYC schools in 4th grade but I was reading classics on my own by then.  For fun I will read a book a night  Just read Old Man's War and the sequels  good stuff and the Cussler Poseidon book this week  

Hope this helps



Interns are just people who get to soak it all in  They can be kids or adults.  Sometimes we take HS students for 100 hrs and give them an A   One of them called me recently (he is now 30) and thanked me for my time with him
 College students often take intern jobs to see if they can stand the actual job someday
« Last Edit: October 15, 2020, 07:17:25 AM by Oss » Logged

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scooperhsd
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Posts: 5716

Kansas City KS


« Reply #2 on: October 15, 2020, 07:12:44 AM »

As a lay person in this field, it depends on the education and training of the person.

"Clerk" is someone who has obtained the JD degree, probably has passed the Bar, so they would be given the most difficult work, and perhaps coordinating the work of the others. Presumably, the clerks will migrate into their own practicing attorneys.

"Intern" is probably someone still in school (either college or Law school). I would expect them to get the lowest level of work

"Paralegals" have probably completed a Bachelor's degree, and have taken / completed a shorter, not as thorough study of law and the procedures in court etc. The middle level between Intern and Clerk.
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DirtyDan
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Posts: 3450


Kingman Arizona, from NJ


« Reply #3 on: October 15, 2020, 08:46:09 AM »

An interesting subject......... Smiley

I spoke truth to power UNDER OATH!!!!

then I politely waited till they put themselves back together again

It took several mental cycles (3-4 ish)

Two simple words we hear often just a new and creative use of them

Hint ends with skip the paperwork and have a nice day

Dan

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Do it while you can. I did.... it my way
Jess from VA
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Posts: 30440


No VA


« Reply #4 on: October 15, 2020, 11:41:29 AM »

As a lay person in this field, it depends on the education and training of the person.

"Clerk" is someone who has obtained the JD degree, probably has passed the Bar, so they would be given the most difficult work, and perhaps coordinating the work of the others. Presumably, the clerks will migrate into their own practicing attorneys.

"Intern" is probably someone still in school (either college or Law school). I would expect them to get the lowest level of work

"Paralegals" have probably completed a Bachelor's degree, and have taken / completed a shorter, not as thorough study of law and the procedures in court etc. The middle level between Intern and Clerk.

That's a pretty good summary of the terms.  

Clerk is really wide open as a term, as they are all over the court administration business.  But a judge's clerk generally has the JD (degree), and may or may not have passed the bar.  I clerked as a law student for three law firms in school (one at a time).  I took the bar before being a MI circuit court judge's clerk, got the job, then found out I passed the bar later.  Circuit court is trial court, so I was both bailiff to all jury trials, and law clerk doing research and writing on matters pending before my judge.  I also got deputized as a county sheriff for arrest powers in the courtroom (and a little better immunity from civil suit).  But no gun and no cuffs, just a firm grip and a small lockup.  Fortunately, there was not a lot of that.  I had to take possession and secure physical evidence admitted during trials, including guns, bullets, brain tissue, dead guy photos and other stuff.  They would not let me take possession of the 20 pounds of weed though.   Grin

I interned for a MI senator, and a city manager/mayor in undergrad.  Interns aren't limited to legal, they are like apprentices to many occupations.  

Paralegals (generally a 2-yr associates degree) do office work, typing, dictation, court filings, law librarian work, hunt and interview witnesses, gofer, and nuts and bolts legal work.  Paralegal are a also military occupational specialty in the Judge Advocates Corps of each branch of service (mostly NCOs).

Clerking for the Supreme Court is a very big deal.  Those judges use their clerks how they see fit.  And there are senior and junior ones.  They read, research, organize, check accuracy, and write opinions (or parts of them) for a judge to read and use, or even sign.  

About a thousand people apply for clerkships with the U.S. Supreme Court each year, and most if not all have stellar academic pedigrees from top universities.  About 36 make the cut.

I worked with a gal at USDVA who had clerked for Ginsburg.   Very smart, and very liberal.
« Last Edit: October 15, 2020, 12:02:26 PM by Jess from VA » Logged
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