I would like to apply for clerkships….
… first, what exactly is a clerkship? first
A judicial clerkship is a post-graduation, paid full-time job at a court for a limited term (approximately one year). The duties of a law clerk vary from court to court and from judge to judge. Generally, law clerks are responsible for performing a variety of legal research, writing, editing, and other support tasks to assist judges in the performance of their judicial role.
… how does clerking affect my articling period and articling requirements? articling
Clerking will affect your articling period and requirements differently depending on the province in which you are planning to practice. The Law Society of BC now recognizes judicial clerkships as an alternative pathway to call and admission. To be eligible, law clerks must successfully complete PLTC before or after their clerkship term and serve as a law clerk for a minimum of nine months. Law clerks have the option of also completing a period of articles prior to their call and admission. For those applying in third year, it is possible to secure a clerkship after having secured articles. These students can clerk after being called to the bar in BC so long as they temporarily elect non-practicing status for the duration of the clerkship term.
… what areas of law should I prioritize? areas
All courts will want their clerks to have a strong foundation in substantive areas of law that are directly relevant to the court’s work. The BC Courts provide a list of suggested courses (e.g. Evidence, Family Law). The Federal Courts recommend taking courses relevant to the Federal Courts’ jurisdiction (e.g. Administrative Law, Immigration Law etc.). You can find the Federal Courts’ complete list of areas of law on their website. You don’t need to take all of these courses before you apply but it is a good idea to take some.
If you are interested in applying to clerk in another province, please consult the website for those clerkship programs.
Students who are interested in an eventual application to the Supreme Court of Canada should have a demonstrated interest in the work of that Court, which hears mostly criminal law and public law cases and fewer private law matters (information about past cases can be found on the SCC website). Note that it is strongly recommended that you secure a clerkship at another court (and preferably an appellate court) before applying to the SCC Clerkship Program in third-year or after graduation.
…what courses should I prioritize in second year? courses
For students applying for clerkships in second year, your application will include your grades from the Fall Term of your second year. We recommend selecting some courses from the above lists for the Fall Term so that you can demonstrate academic strength in courses relevant to the courts’ work. Evidence and criminal procedure are particularly important areas for the BC Courts. In addition, you should consider:
- Who is likely to be in a position to write letters of reference in support of your application? Letters of reference for clerkships should come from full-time faculty rather than adjunct professors. You may, for instance, wish to take an upper year course with a professor that you also had in first-year so that the professor can continue to get to know you in order to write about your strengths in a detailed way. For the Tax Court, one of your references must be from a professor who taught you at least one course in tax law.
- Should I prioritize completing the seminar requirement? It’s important to have demonstrated strong legal research and writing abilities in your clerkship application. One way to do this is by taking a seminar with a full-time faculty member. A seminar allows you to work closely with a professor and to develop your independent analysis of an area of law that you may have the opportunity to speak about in a clerkship interview. If you do take a seminar in the Fall Term of 2L, you should balance this course with other larger courses in core areas of law such as Administrative Law, Evidence, Federalism etc.
- How can I position myself to develop a strong writing sample? While the BC Courts traditionally do not require candidates to submit a writing sample, many other courts do. An appropriate writing sample could be a memorandum of law, an opinion letter, or a legal journal article. It is acceptable to select an excerpt from a longer paper or memo to fit within any length requirements stipulated. A seminar or other paper-based course could be a great opportunity to develop your writing sample, as could independent legal research and writing projects. Note that the courts will require the writing sample be “unmarked” (i.e. an ungraded copy of what was submitted to a professor). A moot factum on which you have collaborated with your team is also not acceptable.
- What about a moot? Successful clerkship applicants often have participated in a competitive moot in their second or third year. Mooting demonstrates your interest in the work of the courts and it also strengthens your skills in legal research, writing, advocacy and team work all of which are relevant to clerking. Moot coaches, especially full-time faculty members, can also serve as strong references.
- What about doing a clinical program in first-term of second year? The law school offers many wonderful clinical opportunities and sometimes you have to schedule your choice of these courses around when they are available. Having said this, students planning to apply for clerkships in their second year should recognize that having a full-term pass-fail clinic in the fall of second year will mean that they have very few grades to demonstrate a positive trajectory to the court.
… when would I apply for a clerkship? apply
Students are eligible to apply for a clerkship in January of their second or third year, with the vast majority of clerkship application processes taking place over a year in advance of the contemplated start date. For example, an application submitted to the BC Courts in January 2026 would be for a clerkship commencing in September 2027. Students who obtain clerkships in third-year will need to find other employment for the year following graduation. Most firms will support students taking the year off to complete a clerkship. There is no secret recipe to obtaining a clerkship – some students are successful in their second-year and others in their third-year.
… how do I fit this all in? all
You don’t! The advice above gives you some guidance on the factors to weigh when determining which courses to take and when. There is no singular course selection formula for clerkship applicants. You will need to decide how to balance your unique interests in law school with courses and opportunities that strengthen a potential clerkship application.
… how do I get more information? info
Clerkship applications are supported by the CSO and Professors Jocelyn Stacey and Isabel Grant. For academic advising on clerkships, please feel free to reach out to Professors Stacey and Grant. For information about the application process, see the ACE Resource Library’s Judicial Clerkship folder, review the Recruitment & Licensing Reminders page, and feel free to contact Evan Atkinson in the CSO.