TO BE OR NOT TO BE?: SOME LEGAL ETHICS FOR JUDICIAL LAW CLERKS
AbstractLaw clerks should strive to think like judges while always remembering they are not. Because clerks’ duties are derivative of the judicial office the clerks are meant to serve, they must live up to the standards of conduct applicable to their judicial principal. While there is no legislation or rules of professional conduct in Canada which are specifically tailored to apply to law clerks, lawyers’ rules or the “law of lawyering” is less important for facilitating ethical practice than is the exercise of good judgment. Law clerks can develop their judgment by assisting those whose job it is to render judgment. Understanding the fine line between being a decision-maker and a facilitator of decisions helps to inform the law clerk’s proper role. Their primary assignment is no broader than to make their judge the best judge possible.
Keywords:Judges, Ethics, judicial clerks
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