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- Title
LEGAL ETHICS AND JUDICIAL LAW CLERKS: A NEW DOCTRINAL ACCOUNT.
- Authors
Martin, Andrew Flavelle
- Abstract
Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law--and thus that law clerks' ethics are lawyers' ethics. It argues that the lawyer's duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies' regulatory and disciplinary jurisdiction over law clerks is at least largely incompatible with judicial independence.
- Subjects
LAW clerks; COURT personnel; LEGAL professions; JUDGE-made law; PRACTICE of law
- Publication
University of New Brunswick Law Journal, 2020, Vol 71, p248
- ISSN
0077-8141
- Publication type
Article