I am told that law clerks are not held to the same ethics as the lawyers/judges in a court?
I had a law clerk in MO call my boss and say I was rude...she was upset because she had to answer the phone and when questioned about something specifically, she considered it being rude to her...I am now unemployed because of her because my boss says they do not need to make enemies of the judge...Aren't they suppoed to be impartial regardless? What is my recourse against this clerk?
Answers:
You have a few different questions going on here ...
First, they are all held to standards of ethics, but clerks and paralegals are responsible for the majority of the research and paperwork. Furthermore, they work under the supervision of an attorney, who has to apply his or her professional ethics to the situation. Same goes for judge's clerks.
And yes, judges are supposed to be impartial, but that doesn't change the fact that when you work for an attorney you need to have a certain modicum of professionalism. You can be fired for not being polite or professional, no matter who you happened to have offended.
You really have no recourse against the clerk, because it was your boss who decided to fire you, not the clerk.
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