Legal Clerk vs Paralegal: Distinctions Between the Two Professions

Duties and Functions

The typical roles and responsibilities of legal clerks overlap with those of paralegals in certain instances, but not in all. Paralegals may conduct basic research of court records to determine the status of a case or research the background of a person or entity involved in a case. Legal clerks can also research record documents in a case file. In both roles, clerks and paralegals maintain case management systems, schedule court dates, and organize and file case documents.
While paralegals complete some client-oriented tasks, such as interviews, legal clerks are prohibited from performing most client-oriented tasks . Legal clerks may correspond with the client, but they cannot negotiate with clients on behalf of the law firm. Clerks may present documentation to clients, but paralegals cannot. Legal clerks monitor the status of the case, while paralegals draft legal documents under the direction of the supervising attorney. Paralegals may research the law for relevant information, while clerks scan and copy other relevant legal documents for the attorney. Legal clerks can calculate filing fees associated with a case, while paralegals are more involved in the billing process. Clerks also file pleadings with the court, while paralegals serve pleadings on the opposing counsel.

Academic Background

Individuals in both career paths require a high school diploma or GED. However, legal clerks are not required to pursue advanced higher education. Paralegals, on the other hand, are more often than not required to have a paralegal certificate or associate degree. Although it is not required to become a legal clerk, many of those in these positions have earned one of these degrees as well, making themselves more competitive when applying for jobs.
Some states also set regulations for paralegals, and often they must choose to specialize in a particular area of law to earn certification from a professional organization such as the National Association for Legal Assistants.
Paralegals often choose to join the National Federation of Paralegal Associations (NFPA) to earn a Certified Paralegal (CP) credential or go through the NFPA’s Advanced Certified Paralegal (ACP) program to become certified in a specific area of law. The American Alliance of Paralegals Inc. also offers a Professional Paralegal certification to individuals who can prove their knowledge of the legal profession and technology used in paralegal work. This requires them to pass the Professional Paralegal Examination (PPE), which is a three-part test that covers general legal knowledge, ethical principles and analysis and communication abilities.

Skills and Abilities

The skill set and competencies required for legal clerks and paralegals varies based on their level of responsibilities, but there are some common traits to each position. We have previously discussed the qualities of an effective law firm, which included the attributes of your staff. The needs of the staff will usually depend on the skills needed for their position.
Legal Clerks
Depending on the complexity of the firm a legal clerk could be a primary point of contact between a law firm and its clients. The need for a legal clerk to have strong communication skills and a good attitude is critical. The support required by clients and attorneys can include answering questions, arranging client meetings, conducting research, proof reading documents and general secretarial duties. Legal clerks will often review new assignments and often have the need for conflict clearance. Additionally, the legal clerks will need to be able to take the initiative and have the ability to make important decisions. The skills and competencies needed for a legal clerk are strongly reliant on the level of support and communication they are expected to offer.
Paralegals
Paralegals are usually expected to have extensive knowledge in the area of law they support. This includes a familiarity with local court systems, familiarity with opposing council procedures and an ability to monitor changes within the law. Paralegals are generally expected to have a specific area of focus instead of a general knowledge like a legal clerk. There are a number of fields that are considered common for a paralegal including corporate, family, criminal, litigation, real estate and bankruptcy. The vast majority of paralegals will report to the attorney who they are assigned to along with working with managing partner, office manager or senior paralegal.
In addition to a strong knowledge about the type of law they are expected to work in a paralegal must have superior writing and analytical skills. Strong writing skills are essential because most of the time spent by a paralegal will end up being documented as part of a legal record. Strong analytical skills will ensure a firm can always highlight the strengths and weaknesses of a case.

Opportunities and Advancement

Legal clerks typically enter the field with little to no prior experience, yet specialized training programs, mentorship opportunities, advanced certifications and strong networking can fast track career growth. Experienced clerks may eventually find themselves in supervisor or director roles within support services, compliance, document retention or records management. Legal secretaries, especially those with bachelor’s degrees , often move up to paralegal positions or become administrative directors in managing partner or practice group offices. With more extensive legal knowledge than their secretarial counterparts, paralegals often step into management positions within a variety of legal departments, such as litigation, intellectual property, real estate, employment law, and tax and trusts. Highly skilled paralegals may open their own firms or transition to law firm practice management roles after years of experience in traditional paralegal positions.

Compensation and Job Prospects

According to the Bureau of Labor Statistics (BLS), the median pay for paralegals in 2018 (the most recent data available) was $52,920 per year. This is substantially higher than the median pay of those working as legal clerks, which comes in at $41,950. It is important to note that a paralegal typically requires a more extensive level of education, along with intensive on-the-job training, than a legal clerk.
The job outlook for both legal clerks and paralegals is above average for the next several years. The BLS projects that paralegals will see job growth of 12% between 2014 and 2024. By comparison, legal clerks are expected to experience a 3% decline during that same period. The reason for this is twofold. First, the technological advancements in AI that are making it easier for paralegals and other legal professionals to automate many tasks is proving to be more disruptive in the realm of clerks. Second, much of the clerks’ work is being outsourced to office support staff in less populated parts of the country.
Paralegals can expect to earn 26% on average than their judicial counterpart. Paralegals and legal assistants earn $24.97 for every hour they work, while legal clerks take home only $19.64 for the same hours.

Deciding on the Best Career Trajectory

With a better understanding of the roles and responsibilities, it is time to consider how to choose which career path is best for you. Though both positions require a keen attention to detail and a thorough understanding of legal processes, there are several factors to consider when choosing between a paralegal and a legal clerk.
First, think about your personal interests. The primary difference between paralegal and legal clerk jobs is the level of interaction and responsibility lawyers have over their paralegals. With this in mind, what is your preference? Do you prefer working indirectly with a lawyer through the cases and legal documents you assist them with? Or, do you want to have a more active role in a case, such as working directly with clients, drafting legal documents, and meeting with experts involved in a case?
Next, you should consider the role you see yourself playing in a law firm. Paralegals work more closely with attorneys. They help research and develop cases, as well as prepare witnesses, draft legal agreements, and draft briefs. Essentially , the paralegal handles nearly everything except presenting a case in front of the court. In most cases, the paralegal handles the busy work of the lawyer, and often works directly under their supervision. Paralegals help improve the overall efficiency of the law firm, enabling the attorney to take on more clients and have a bigger impact.
On the other hand, clerks have limited involvement in a case. They are more focused on clerical tasks, preparing transcripts, collecting evidence and filing legal documents with the court system. They are not responsible for conducting any legal research or performing any legal tasks. They are given clear instructions the entire process, and are expected to follow them to the letter. Legal clerks often do much of the back work involved in a case.
Both of these jobs have their advantages. Consider the information above before making your mind up, and if you are still unsure, consider spending some time shadowing someone in the role so you can get a feel for what they do in a day. This may be the best way to know for sure what career would be right for you.