11.2 Academic Considerations for Students
Asvini Kulanayagam
Why Consider a Judicial Internship?
Academic placements with courts are excellent options for students who might be interested in clerking for their articles or after law school. However, law students interested in all practice areas can gain a deeper understanding of the administration of justice while attending a placement in a court setting. Judicial internships are unparalleled opportunities to engage in the real operation of the courts and see first-hand the decision-making processes and day-to-day realities of judges. Judicial internships are also opportunities to observe and reflect on advocacy, as judicial interns observe many lawyers over their time with the court. Students also comment on the “view from the bench” which requires seeing multiple viewpoints on any single case. This typically broadens a student’s understanding of advocacy and justice more generally. For more insight into the experiences of former clerks, see the articles:
Law Clerking at the Supreme Court of Canada by Michael Herman and Clerking at the Supreme Court of Canada by Mitchell McInnes, Janet Bolton and Natalie Derzko.
Each law school will have its own specific program requirements. To qualify and have the necessary pre-requisites, these students will typically be in 2L second semester or 3L. As a student, it is wise to connect with the school’s academic coordinator or knowledgeable professors and consider how a judicial internship fits into the student’s wider learning and career goals. Of course, goals can be adjusted as the placement progresses.
Each court may have different course requirements. For example, Evidence is a helpful course in most judicial internships. Students are not expected to know all aspects of the law (if such a skill even exists); however, some skillsets are assets in this environment.
Perhaps most importantly, students should be equipped with strong legal research and writing skills. They should have a strong capacity for reading and be able to discern relevant information. They should be independent learners and take the initiative to build interpersonal relationships. They should be highly adaptable and be able to respond to changes in the court schedule with short notice. Ethical and professional conduct, like the ability to maintain confidentiality, is also extremely important.
As with other placement-based learning, students have greater flexibility and control than they would in a traditional course setting with a pre-fixed syllabus. Students may be surprised by how much control they have over their own experience and workload. This freedom creates both an opportunity and an onus on the learner to ask for work assignments, schedule time to check-in, and ask to debrief after reviewing files or attending court on complicated matters. Every judge and every student is unique; there is no way to prescribe what a working relationship with a judge should look like. However, this is an opportunity to practice relationship building skills and be proactive is setting up an experience that meets the student’s learning goals.
It is important to assess student capacity, predict how much time may be required to complete work, and communicate this to the supervising Judge. Chapter 1.3 expands on the importance of cultivating a positive relationship between a supervisor and student. Getting the most out of supervision requires the student to first know themselves. It might be helpful to reflect on past work environments and take note of the strategies that did and did not work well. Some students are readily able to take advantage of an “open door policy” and feel confident approaching their supervisor as needed. Others are concerned about imposing on their supervisor and would prefer the predictability of a fixed check-in where they can bring a list of items to discuss. These approaches are different but both have value and can lead to a productive supervisory relationship. Wherever a student’s preferences fall on this spectrum, the key is to be able to articulate those preferences and be ready to adapt.
