Paralegal vs. Law Clerk
Paralegal and law clerks are two different types of legal support professionals in the USA. Paralegal vs. law clerk difference lies mostly in their education and sometimes in duties they perform. Both types support attorneys in their legal work and often their tasks may overlap. However, law clerks are often used for more complex legal work. can both work in various employment settings, from law firms to federal courts.
Paralegals sometimes can have a 2-4-year degree, including a degree with a focus on paralegal studies. But often paralegals can be certified in a simple procedure according to state law and are not required to have any special education or formal training. Law clerks are usually law school graduates or licensed attorneys.
The above is a really simplified formal answer. I decided to speak up and write this post after I have read misleading information about paralegal vs. law clerks on different websites.
I have been both a certified paralegal and then a law clerk for many years, and I know quite well what is it about.
First of all, I have read online mostly typical formal generic definitions from the 1990s which do not always correspond to reality. After the financial crisis of 2008-2009, the legal industry went into a different mode and things changed quite a bit.
First of all, most of the salaries you see on different websites are plain wrong. Paralegal vs. law clerk salaries is not much different for entry-level positions. But with substantial legal experience, the difference in salary level between these two professions differs substantially.
Entry Level Paralegal Salary
A couple of job search websites gave me an entry-level or average paralegal salary of $50,000-$51,000. On average.
I want to tell you right now and right here that this is a plain wrong number. The legal industry is saturated and in order to get a good salary paralegal must have quite at least 3-5 years of specialized experience, focusing on some specific area of law.
Most likely entry-level paralegals will get $12-$18 an hour, unless they have some set of special skills required by the law firm – medical or technical knowledge, for example.
I went through the UCLA Paralegal Training Program (AATP Program). But the main reason for receiving the semi-decent starting annual pay after getting certified by UCLA was because I already worked for that law firm for a couple of years. And I was kind of internal specialist in a certain area of that law firm’s operations. Benefits too.
Hence, my paralegal certification was essentially an upgrade of my existing status. Most new paralegals will not get this kind of salary. Just the truth.
Entry-Level Law Clerk Salary
This is even wilder. Because law clerks are mostly recent law school graduates, they often make even less than entry-level paralegals. It starts at $10 an hour. Yep, you have heard it. The job market is dismal.
For newbies, paralegals have it easier because they do not have student debt from law school and expectations from their level of work are usually lower.
Only a few law clerks get paid something above $30k-$40K to start with. It depends on the law firm, on previous experience of a law clerk, if any, or on other places of work.
Courts sometimes hire law clerks, as well as government agencies. But not for high salaries. Essentially, law clerks can start the same as a paralegal.
TIP: But the law clerk can grow professionally and has no ceiling for salary. Paralegal’s salary has limits around $80,000-$100,000 at the most.
Paralegal vs. law clerk
It is significantly easier to become a certified paralegal than a law clerk. Paralegals are sometimes certified by graduating from college paralegal programs where they obtain an associate degree in paralegal studies. Many colleges, including community colleges, offer paralegal certification in various states.
Another option is a bachelor’s degree with a focus on paralegal studies. Other times they go through special training or program, as I did at UCLA, and become certified paralegals upon graduation.
But quite often in most US states, paralegals can be certified simply by the lawyer they work for after they work in law some time or not even that.
Diffident states have different laws about it and most states require that paralegal has at least a high school diploma.
Other than that, most states have zero requirements for paralegals. In fact, I think only California directly regulates paralegal certification.
For example, California has some of the strictest requirements, as follows:
- Candidate must have a paralegal certificate from ABA-approved school.
- A minimum of 24 semester hours in paralegal studies from school accredited by California.
- A bachelor’s or higher undergraduate degree regardless of subject ANDa minimum of one year of experience working for an attorney PLUS three years of experience in California law. Then the attorney can certify such paralegal.
On the other hand, New York state, for example, does not require any specific education for certified paralegals. But New York state paralegal association is trying to push for introducing the same requirements as in California.
I do not understand this push for certification for essentially a legal support worker. I would understand it if paralegals could provide legal services independently to consumers, but for the most part, they are not allowed by state laws. Therefore, this push for some kind of minimum requirement is nothing short of unnecessary bureaucracy.
Especially such efforts seem ridiculous in the useless job market. Certification is no guarantee of a paralegal job offer. Several years of law work experience will serve much better benefit in a job search on a resume than formal certification.
The good news is that the U.S. Bureau of Labor Statistics expects a 12% growth in paralegal and legal assistant jobs from 2018 to 2028, and that is faster than the national average. https://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm#:~:text=Job%20Outlook,have%20the%20best%20job%20prospects.
Law clerk vs. paralegal
A law clerk is usually a law school graduate working for a solo attorney, a law firm, or a judge. And salaries vary greatly. Let’s tell the truth – salaries for new law school graduates are god awful. Competition is stiff.
Law clerk can be a law student, or law school graduate without attorney license, or even licensed attorney. In fact, there are mostly two types of law clerks – with and without attorney license.
But the difference from paralegal is that law clerks often must perform more complicated legal research, analysis, and drafting. The law clerk is an animal different from a paralegal. The expectations are higher from such professionals. And law clerks are more often professionally abused comparer to paralegals.
I think law clerks have it tough, but their long-term employment prospects are better because they can grow their income as attorneys. While paralegals have a certain ceiling for salary growth. I mean, it can be a long-term job and profession but is a job.
A paralegal will rarely be making over $100,000 annually. And even 100K is hard to get unless it is boutique or top law firm, and multiple years of special experience. An attorney can eventually surpass $100,000 per year if he or she plays their game right.
Judicial law clerks are law students, law graduates, or attorneys who work for a judge, researching the law and helping draft legal opinions in different cases.
After my first year of law school, I clerked for Honorable Judge Bruce Stewart of the 5th Appellate District in Illinois. I totally enjoyed it, and there were really good professional attorney law clerks in his office.
It must be noted that it is quite hard to receive a law clerk position after law school. Judicial clerkship positions are very competitive and prestigious. Especially hard it is to obtain clerkship with the federal judge.
I know only one of my former classmates who obtained such clerkship. It is a dream of many law school graduates because such prestigious clerkship opens many doors in the legal profession.
Other than that, some law clerks work for the government and they do the same thing – mostly legal research and drafting or paper-pushing. Compliance too. Yet the majority of law clerks work for law firms and solo attorneys.
My Law Clerk Experience
My personal experience being paralegal vs. law clerk may be different from others, but it nevertheless is pretty straightforward. My paralegal experience I described in previous post. I started working as a law clerk for an East Coast law firm operating in Pennsylvania, New York, Delaware, Florida, and few other states.
My job was exactly that – doing legal research and drafting boring papers. I was tasked with researching legal opinions to find useful precedents, researching, and reviewing statutes and regulations under those statutes. Both federal and state.
I had to draft various legal documents from complaints and answers to complaints, to appellate briefs, including appellate briefs for federal court.
I cannot say it is easy to work but definitely challenging. It requires quite good reading and analytical skills, good writing and language as well as persuasion skills.
Essentially, I had to get into advocate mood and advocate for a client on paper. Then supervising attorney- law firms’ partner – would pick up from there, and expand and enhance on it.
As a law clerk, I really did deeper and more straightforward legal than I did as a paralegal. As a paralegal I was doing kind of large volume of legal technical work – from small tasks like going through files, finding documents, filing documents, etc., to calling government agencies and solving problems with legal entities.
As a law clerk, I was deep into research and drafting. I was essentially tasked to do lawyer’s work. Yes, I learned quite a lot and seriously enhanced my skills. I tried to work with few paralegals and I can tell that only a few paralegals can do that level of work because they do not have law school training. Other than that, it is al hard work.
Future Outlook
According to the U.S. Bureau of Labor Statistics law clerk jobs will grow well below the national average – about 3%. But, law clerks can either get bar license and become attorneys, or, if they are already barred attorney’s go, get specifically attorney job and grow professionally and financially.
My recommendation for paralegals would be as follows. If they like law and want to high professional growth in law in law, to go to law school, pass the bar, obtain law license, and take career further. It does not make sense for some to remain, paralegals, unless they work in a large organization that values them and pays them very well.
True, some top-notch paralegals at top law firms or government positions make more than most young attorneys. Paralegals can make as much a $100,000 per year, but those are exceptions to the rule.
Final Truth
Here is the truth. If you think about staying low and just having a job, a paralegal may be more interesting, but as an accountant, you will have better job stability and more offers. I will not indulge into why, but that is my strong opinion.
Still, many paralegals enjoy their work. Paralegals can make good money if they become specialists in a certain type of legal work and area and become indispensable for a law firm. Paralegals who are litigation specialists, or company formation specialists, or tax, or real estate, or you name it – will find a job.
My friend, who is a real estate entity formation paralegal is such an example. Recently he started getting offers as high as $50 an hour – a rare wage for a paralegal. Because he is a paralegal specialist in the area I mentioned – setting up legal entities (corporations, LLCs, LPs) for real estate purposes and has almost 14 years of experience in that very area of law.
If you want to become a specialist – you can. But then, again, why not going to law school and remove the income ceiling?