Cameron Miranda
Foreign-trained attorneys who wish to practice law in New York must register with their local Appellate Division and request an evaluation of their credentials by the New York State Board of Law Examiners (NY BOLE). NY BOLE determines whether a foreign-trained attorney may sit for the bar exam based on their non-US degree in law, or if they need to “cure” their first degree in law with an LLM degree and specific coursework. To qualify for the New York Bar Exam, applicants must have a qualifying degree from a recognized law school and have fulfilled the educational requirements for admission to the practice of law in a foreign country. Additionally, applicants must have completed at least 50 hours of pro bono services and meet specific coursework requirements, including credits in professional responsibility, legal research, American legal studies, and subjects tested on the New York bar examination.
| Characteristics | Values |
|---|---|
| Requirements for graduates of non-ABA-approved law schools to take the New York bar exam | 1. Applicant has studied law in any law school in any other state or territory of the United States or in the District of Columbia, other than a law school that grants credit for correspondence courses. |
| 2. The applicant has received a degree from such a law school, which qualifies them to practice law in that state, territory, or district. | |
| 3. The applicant's course of study complies with the instructional and program requirements of Section 520.3(c) through (e) of the Rules of the Court of Appeals. | |
| 4. The applicant has practiced law in the highest court of any other state or territory of the United States or in the District of Columbia for at least five of the seven years immediately preceding the application. | |
| Requirements for foreign-educated applicants | 1. Applicant must have fulfilled the educational requirements for admission to the practice of law in a foreign country other than the United States. |
| 2. Applicant must have a law degree from a school recognized by a competent accrediting agency of the foreign country's government and deemed qualified and approved. | |
| 3. Applicant's period of law study must be successfully completed and substantially equivalent in duration to a full-time or part-time program at an ABA-approved law school, complying with the academic calendar requirements of Sections 520.3(c)(1)(i) and (ii) and 520.3(d)(1). | |
| Requirements for all applicants | 1. Applicants must perform 50 hours of pro bono services. |
| Requirements for graduates of ABA-approved law schools | 1. Applicant attended and graduated with a first degree in law from a law school in the United States that was approved by the ABA during their attendance. |
| Requirements for graduates of unapproved law schools | 1. Graduate of a non-ABA-approved law school located in the United States who has actively practiced law in a U.S. jurisdiction for 5 of the 7 years preceding application to the New York bar exam. |
| Requirements for law office study | 1. Applicant must study law in a law office for four years under the supervision of an attorney admitted to practice law in New York. |
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What You'll Learn
Requirements for foreign-educated applicants
Foreign-educated applicants intending to take the New York bar exam must meet specific requirements. These requirements are outlined in Section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law (22 NYCRR 520.6). This section also incorporates provisions from Rule 520.3, which must be reviewed alongside Rule 520.6.
To be eligible, applicants must have a "qualifying degree" that satisfies the educational requirements to practice law in a foreign country. This degree must be in law and from a law school accredited by the government of that country. Additionally, the applicant's legal education must be of equivalent length to the Juris Doctor legal education provided by American Bar Association (ABA)-accredited schools in the United States.
If an applicant's foreign legal education is not of sufficient duration or substantive equivalence to an ABA-approved law school program, they may be able to remedy this deficiency. This can be done by completing an LL.M. degree at an approved law school in the United States. However, this option is not available if both the durational and substantive requirements are lacking.
For applicants who commenced an LL.M. program in or after the 2012-2013 academic year, specific coursework requirements apply. The program must include:
- At least two semester hours of credit in professional responsibility
- A minimum of two credits in a legal research, writing, and analysis course
- At least two credits in a course on American legal studies or a similar course introducing U.S. law
- A minimum of six credits in subjects tested on the New York bar examination
Additionally, all 24 credits must be earned through classroom instruction, with a minimum of 700 minutes of instruction time per credit, excluding examination time. Distance, correspondence, external study, and online programs are not permitted to count toward the 24-credit requirement.
Before applying to take the New York bar exam, foreign-educated applicants are advised to request an evaluation of their eligibility. This process can take up to six months, and applicants are encouraged to seek an evaluation at least six months to one year in advance of taking the exam.
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Qualifying with an LLM degree
An LLM degree can be used to qualify for the New York Bar Examination. The LLM degree program must be completed within 24 months of matriculation at an ABA-approved law school in the United States. The program must take place over at least two semesters of at least 13 calendar weeks each, excluding reading periods, examinations, and breaks. A maximum of four credits may be earned during the summer semesters. All coursework must be completed in the United States and on campus, with a minimum of 24 semester hours of credit.
The LLM degree program must include at least:
- Two semester hours of credit in professional responsibility
- Two credits in a legal research, writing, and analysis course
- Two credits in a course on American legal studies, the American legal system, or a similar course
- Six credits in subjects tested on the New York bar examination
Additionally, applicants must have successfully completed a full-time or part-time LLM degree program at an approved law school in the U.S. under the "cure" provision of Rule 520.6 (b) (1) (ii). This rule allows applicants to cure either durational or substantive deficiencies (but not both) by obtaining an LLM degree. For example, a two-year LLB degree may not meet the durational requirement, but an additional LLM degree would satisfy this.
It is important to note that not all New York employers require that LLMs be admitted to the New York Bar. Therefore, it is recommended to understand the specific requirements of your intended employer or position before pursuing admission to the New York Bar.
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Eligibility for the New York State bar exam
There are four routes for an applicant to qualify to take the New York bar examination, all of which require some form of classroom study in a law school. These are:
- ABA Approved Law School Study (JD graduates): Applicants must have graduated with a first degree in law from a law school in the United States approved by the American Bar Association (ABA).
- Law Office Study/Clerkship: Applicants must study law in a law office for four years under the supervision of an attorney admitted to practice law in New York. Credit is given for successfully completed semesters in an ABA-approved law school.
- Unapproved Law School Study: Graduates of non-ABA approved law schools in the United States may qualify if they have actively practised law in a US jurisdiction for five of the seven years preceding their application.
- Foreign Legal Education: Applicants with a legal education from a foreign country may qualify if their education is substantively equivalent to an ABA-approved law school program.
In addition to these routes, applicants must also satisfy certain coursework requirements, such as a two-credit Professional Responsibility course, and the Skills Competency requirement, which mandates that applicants demonstrate competency to provide legal services in New York State.
It is important to note that the eligibility requirements for the New York bar examination can change, so applicants should refer to the NY BOLE website for the most up-to-date information.
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Rules for graduates of non-ABA-approved law schools
To practice law in New York, one must qualify for the New York State Bar Examination. Section 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law provides four routes for an applicant to qualify to take the New York bar examination, all of which require at least some form of classroom study in a law school.
For graduates of non-ABA-approved law schools located in the United States, the following requirements must be met to qualify for the New York bar examination:
- The applicant must have studied law in any law school in any other state or territory of the United States or in the District of Columbia, excluding a law school that grants credit for correspondence courses.
- The applicant must have received a degree from such a law school, which qualifies them to practice law in that state, territory, or the District of Columbia.
- The applicant's course of study must comply with the instructional and program requirements outlined in Section 520.3(c) through (e) of the Rules of the Court of Appeals.
- The applicant must have actively practised law while admitted to the bar in the highest court of any other state or territory of the United States or the District of Columbia for at least five of the seven years immediately preceding their application to take the New York bar examination.
Additionally, graduates of non-ABA-approved law schools must study law in a law office or offices located within New York State for an aggregate of four years under the supervision of one or more attorneys admitted to practice law in the state. Credit is given for successfully completed semesters in an ABA-approved law school.
It is important to note that graduation from an ABA-approved law school does not automatically qualify an applicant to sit for the New York bar examination. Applicants should carefully review the requirements, as outlined in Rule 520, before applying.
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Rules for graduates of ABA-approved law schools
To practice law in the United States, one must be admitted to the bar association of the state in which they wish to practice. Each state establishes its own rules for bar admission, and the process varies across states.
In New York, graduates of ABA-approved law schools can qualify to take the bar exam by fulfilling certain requirements. Firstly, they must have graduated with a first degree in law, such as a Juris Doctor (JD) degree, from a law school approved by the American Bar Association (ABA). This degree must meet the educational requirements to practice law, as outlined by the ABA.
For graduates of ABA-approved law schools, the path to qualifying for the New York bar exam is more straightforward compared to some other states. They are not required to have prior practice experience or additional legal education, as may be the case in other states. However, it is important to note that simply graduating from an ABA-approved law school does not automatically qualify one to take the bar exam.
To be eligible to take the New York bar exam, graduates of ABA-approved law schools must typically complete specific coursework, pass the Law School Admissions Test (LSAT) or Graduate Record Examination (GRE), and meet other requirements set by the state. These requirements may include pro bono work, state-specific law courses and exams, skills assessments, and character and fitness evaluations.
Once these requirements are met, graduates of ABA-approved law schools can apply for the New York bar exam. After successfully passing the bar exam, individuals can then be admitted to the New York bar and practice law within the state.
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