Law clerk vs. paralegal in Ontario: what is the difference?

In much of Canada, "law clerk" and "paralegal" are used almost interchangeably. In Ontario they are different jobs. A licensed paralegal is regulated by the Law Society of Ontario and can represent clients in permitted matters. A law clerk is not licensed and works under a lawyer's supervision. Here is how the two compare.

Side by side

Supervision and responsibility

Under the Law Society's Rules of Professional Conduct, lawyers are responsible for work they delegate to non-licensed staff and must supervise it. That is why a law clerk can do skilled, substantive work, such as drafting pleadings or running a real estate closing, but cannot sign off on legal advice or appear for a client.

Licensed paralegals carry their own professional responsibility. They pay annual fees, carry insurance, and follow their own rules of conduct.

Where each one works

• Law clerks work mostly inside law firms, corporate legal departments, and government legal offices, usually specializing in one area such as real estate, corporate, estates, or civil litigation.
• Licensed paralegals work at paralegal firms, law firms, insurance companies, collection agencies, government offices, and tribunals, or run their own practices serving clients directly.
• Both are in demand at mid-size and small firms, where one person may handle a broad mix of files.

Pay

The federal Job Bank groups both roles in one occupation, with an Ontario median of $33.00 an hour, so it does not show the gap between them (Job Bank). In practice, experienced senior law clerks at large firms can earn well, and paralegals in their own practice have more variable income. See our salary guide for details.

Professional associations

Law clerks are not licensed, but many join the Institute of Law Clerks of Ontario (ILCO), which has served law clerks since 1968. Its Associate membership requires at least three years of work as a law clerk and passing all four ILCO exams, and its Fellow membership is for Associates with more than seven years of experience.

Which path fits you?

• You want to advocate for clients in small claims, traffic court, or tribunals, or run your own practice: become a licensed paralegal.
• You prefer document-heavy work in real estate, corporate, estates, or litigation support at a firm: a law clerk career fits well.
• You are not sure: some programs and careers overlap. Many paralegal graduates work as law clerks, and some law clerks later become licensed.

Getting the titles right on your resume

In Ontario, only licensees should describe themselves as a licensed paralegal. If you are a law clerk or a paralegal graduate awaiting licensing, say so precisely. Our guide to paralegal credentials and licence status shows how.