Civil vs Criminal Clerking - Two Worlds, One Job Title

Clerking
October 2025
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Despite sharing the same job title, the roles of civil and criminal clerks differ greatly in practice. Those who have worked in both areas often remark on the contrast in pace and judicial processes. What becomes clear is that, despite some overlap in administrative functions, the two roles are not as interchangeable as some may assume. Each demand their own skill set, adaptability and approach to problem solving.

I began my career as a civil clerk before being introduced to the criminal world, where I quickly learned how significant the differences can be. The first major adjustment I encountered was the listing process. In the civil courts, particularly county courts and tribunals, the listing system is generally more structured and predictable. Hearings are often set well in advance, with clearer timelines and less fluctuation in scheduling.

By contrast, the Crown Court operates in a far more dynamic and fluid environment. Judicial availability, case progress and availability of counsel all contribute to a system where lists change frequently, sometimes multiple times in a single day. It is not uncommon for cases of considerable importance to be delayed or reallocated at very short notice. This creates a constant need for flexibility and, at times, a scramble to ensure the right advocates are in place.

These last-minute calculations have to balance the financial interests of chambers with the professional duty to provide representation, all under tight time pressure. A matter may flag up unexpectedly, requiring an urgent decision on whether counsel should be sent, and if so, on what fee basis.

Another key difference lies in the nature of preparation. Civil clerking often requires prolonged planning, with detailed paperwork, costs, and procedural steps organised well in advance. Larger criminal cases and long-running investigations share that same structured approach, often involving extensive preparation and coordination over many months. By contrast, the shorter and more routine hearings in the criminal courts move at a much faster pace, requiring clerks to be adaptable and ready to adjust at short notice. Balancing these two extremes is part of what makes criminal clerking so engaging it combines the discipline of forward planning with the challenge of managing rapid developments.

One of the most enjoyable aspects of criminal clerking is the sense of community. Due to the unpredictable nature of the lists, clerks, court staff and instructing solicitors often form a close-knit network of support. It is common practice for clerks to coordinate with each other about available counsel, or for solicitors to assist with cover when listings clash. Keeping clear lines of communication open is not just helpful but essential, ensuring that last minute changes do not disrupt proceedings for the lay client.

Although my focus is now primarily on criminal clerking, I continue to be involved in civil work, where the overlap between the two areas becomes clear. The crossover is not only in the skills required but also in the way networks of solicitors and counsel operate, particularly in complex regulatory and fraud matters. In many instances, civil proceedings such as injunctions, freezing orders, or tribunal actions lay the groundwork for subsequent criminal cases, creating a natural progression between the two spheres.

Having an understanding of both sides allows me to anticipate how a case may develop and to maintain continuity for the clients and counsel involved. The solicitors I work with on civil instructions are often the same ones I deal with when related criminal proceedings follow. This continuity strengthens working relationships and ensures that chambers can provide support across different practice areas. It also shows that although civil and criminal clerking may feel like separate worlds, they are still closely connected.

My involvement in both areas has given me a perspective on how both roles connect, particularly in regulatory and fraud matters, and has shown me that, despite their differences, both disciplines share the same core purpose of supporting justice.

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