Kara Sears
The requirements to practice law vary from state to state in the US. In New York, there are several steps one must take to become a licensed lawyer. While it is possible to take the bar exam without a law degree, it is not a common route and New York is not one of the few states that allow people to take the bar exam without some form of law school education. Here is an overview of the process and requirements to practice law in New York.
| Characteristics | Values |
|---|---|
| Is a law degree required to practice law in New York? | No, but a degree is required to take the bar exam, which is needed to practice law. |
| What are the alternatives to a law degree? | In New York, an applicant must complete one year of law school and three years of study in a law office under the supervision of an attorney. |
| Are there any other states that offer alternatives to a law degree? | Yes, California, Vermont, Virginia, and Washington offer structured apprenticeship programs known as Bar Apprentice. |
| What are the limitations of completing a state program instead of a law degree? | If a person completes a state program to take the bar exam without a law degree, they can only practice law in that state. |
| What are the steps to becoming an attorney in New York? | After graduating from an approved law school, the graduate must decide in which state(s) they wish to practice law and submit to a professional qualifying test known as the Bar Exam in that state. In New York, this includes taking the New York Law Course (NYLC) and passing the New York Law Exam (NYLE). |
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What You'll Learn
Apprenticeships vs Law School
In the state of New York, there are four routes to qualify for the New York bar examination, all of which require at least some form of classroom study in a law school. However, it is possible to become a lawyer through an apprenticeship and self-study, as Kim Kardashian West has famously done.
Apprenticeships
Apprenticeships, also known as "reading the law", allow aspiring lawyers to take the bar exam by learning the law through apprenticeship and study. Apprentices gain years of legal practice experience and skills before becoming an attorney and can even earn and save money during the study period. Apprenticeships are also more flexible, allowing the apprentice to study at their own pace and in their own style, without the stress and competition of law school. The apprenticeship process also does not require the apprentice to leave their current work or put it on hold. Apprentices are likely to gain first-hand experience and build a significant number of connections to future clients, mentors, and colleagues, which will be helpful in their practice of the law.
Law School
On the other hand, law school graduates may struggle to find employment due to a lack of practical experience. Law school also comes with a lot of debt, a lengthy and costly application process, and a highly competitive and stressful environment. However, law school provides a structured curriculum, direct access to a community of other students, and access to a full range of resources, including law school libraries. Law school graduates also benefit from alumni connections, which can be beneficial when seeking employment.
Overall, while apprenticeships offer flexibility, hands-on experience, and the potential for long-term employment, law school provides structure, resources, and a supportive community. The choice between an apprenticeship and law school depends on the individual's learning style, goals, and preferences.
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New York Bar Exam
The New York State Bar Exam is a standardised exam administered by the New York State Board of Law Examiners (BOLE) to candidates seeking admission to practice law in the State of New York. The Board has been in existence for over 125 years, having been created by the New York State Legislature in 1894. The exam is held twice a year, on the last consecutive Tuesday and Wednesday of February and July.
To qualify for admission to the New York Bar without taking the bar exam, applicants must: hold a Juris Doctor (JD) degree from an American Bar Association (ABA)-approved law school, be licensed to practice law in a U.S. jurisdiction that offers reciprocity for New York attorneys, and have actively practised law for at least five of the seven years preceding their application.
There are 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. These are:
- ABA-approved law school study (JD graduates) - Applicants must attend and graduate with a first degree in law from a law school in the United States that was approved by the ABA during the entirety of the applicant's attendance.
- Law office study - Applicants must study law in a law office or offices located within New York State under the supervision of one or more attorneys admitted to practice law in New York State for a period aggregating four years, including credits from an ABA-approved law school.
- Unapproved law school study - Graduates of non-ABA-approved law schools located in the United States who have also actively practised law in a U.S. jurisdiction.
- Foreign law school study - Foreign-trained lawyers who wish to sit for the New York bar exam must show that their first degree in law meets certain requirements.
In addition to the bar exam, applicants must also take and pass the Multistate Professional Responsibility Examination (MPRE), an online course in New York-specific law known as the New York Law Course (NYLC), and an online examination, the New York Law Exam (NYLE). Applicants must also comply with the 50-hour pro bono service requirement and satisfy the character and fitness requirements by appearing before the committee.
The New York Bar Exam consists of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). Applicants are given three hours to complete two MPT items on the morning of the first day and three hours to answer six MEE questions in the afternoon. On the second day, applicants take the MBE, which is a six-hour, 200-question multiple-choice exam divided into two 3-hour sessions. The passing score for the New York Bar Exam is 266 out of 400.
Scholarships and grants are available to help New York law students and graduates with legal education and bar exam costs.
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Requirements for the Bar Exam
To be eligible to take the New York Bar Exam, applicants must meet the following requirements:
ABA-Approved Law School Study
The applicant must have graduated with a first degree in law from a law school approved by the American Bar Association (ABA). This includes completing the prescribed requirements of the first year of full-time study in a first degree in law, earning a minimum of 28 credit hours.
Law Office Study
After completing the threshold period at an ABA-approved law school, the applicant must study law in a law office or offices located within New York State. This period of study is supervised by one or more attorneys admitted to practice law in New York State. The total duration of law office study and ABA-approved law school study must aggregate to four years.
Certificate of Commencement of Law Office Study
The applicant must obtain a position as a law clerk or student in a law office and have the supervising attorney complete and file a Certificate of Commencement of Law Office Study with the Court of Appeals.
Additional Requirements for Non-ABA Approved Law Schools
For graduates of non-ABA approved law schools, there are additional requirements to take the New York Bar Exam:
- The applicant must have studied law in a law school in any other state or territory of the United States or the District of Columbia, excluding schools that grant credit for correspondence courses.
- The applicant must have received a degree from such a law school, qualifying them to practice law in that jurisdiction.
- The applicant's course of study must comply with the instructional and program requirements of Section 520.3(c) through (e) of the Rules of the Court of Appeals.
- The applicant must have been admitted to the bar in the highest court of another state or territory of the United States or the District of Columbia and actively practiced law for at least five of the seven years preceding the application.
Online Examinations
In addition to the New York Bar Exam, applicants must take and pass the following online examinations:
- New York Law Exam (NYLE): A two-hour multiple-choice exam focusing on New York-specific law. Applicants must complete the New York Law Course (NYLC), a 17-hour online course, before registering for the NYLE.
- Multistate Professional Responsibility Examination (MPRE): A two-hour multiple-choice exam that can be taken after the first year of law school.
Other Requirements
There are several other requirements that applicants must meet, including:
- Skills Competency Requirement: Demonstrating competency to provide legal services in New York State.
- 50-Hour Pro Bono Service Requirement: Completing 50 hours of pro bono service.
- Character and Fitness Requirements: Appearing before the committee on character and fitness and meeting the disclosure requirements.
It is important to carefully review the specific eligibility requirements and application procedures outlined by the New York State Court of Appeals and the New York Board of Law Examiners (NY BOLE).
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Juris Doctor Graduates
To practice law in New York, an individual must pass the state bar exam. While most US states require a law degree to take the bar exam, a few states offer alternative routes to qualification. In New York, for example, it is possible to qualify for the bar exam by completing one year of law school and three years of study in a law office under the supervision of an attorney. This route to qualification still requires some form of classroom study in a law school, and applicants must also meet the minimum requirement of 28 credit hours.
Graduates with a Juris Doctor (JD) degree from an ABA-approved law school are eligible to take the New York bar exam. However, graduation from an approved law school does not automatically qualify someone to practice law. In addition to passing the bar exam, applicants must also complete an online course in New York-specific law, known as the New York Law Course (NYLC), and pass the New York Law Exam (NYLE). They must also complete 50 hours of pro bono service, pass the Multistate Professional Responsibility Examination (MPRE), and satisfy character and fitness requirements.
The New York bar exam consists of the Multistate Performance Test (MPT), the Multistate Essay Exam (MEE), and the Multistate Bar Examination (MBE). The passing score for the exam in New York is 266 out of 400. After passing the bar exam, a Juris Doctor graduate can practice law in New York State.
It is important to note that the requirements for practicing law can vary from state to state. For example, in California, Vermont, Virginia, and Washington, applicants can take the bar exam without a law degree through a structured apprenticeship program. However, this route limits individuals from practicing law in any other state.
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Unapproved Law School Study
To practice law in New York, an individual must be admitted to the New York State Bar. While it is not strictly necessary to have a law degree to be admitted to the New York State Bar, all four routes to qualify for the New York bar examination require at least some form of classroom study in a law school.
One of the routes to qualify for the New York bar examination is through unapproved law school study. This route requires graduation from an unapproved law school in the United States with a Juris Doctor degree and admission to practice law in a U.S. jurisdiction for 5 of the 7 years immediately preceding the application to sit for the New York bar examination.
Graduates of non-ABA-approved law schools located in the United States who have actively practiced law in a U.S. office can also qualify for the New York bar examination. However, no credit is given for any law office work engaged in prior to the applicant's completion of the threshold period at law school or the filing of the Certificate of Commencement. The applicant must study law in a law office for four years under the supervision of an attorney admitted to practice law in New York. Once the required period of law office study is completed, the applicant is eligible to apply for the New York State bar examination.
It is important to note that even after graduating from an approved law school, an individual is not yet considered an attorney. To become an attorney, a law school graduate must decide in which state(s) they wish to practice law and submit to a professional qualifying test known as the Bar Exam in that state. In New York, the Bar Exam is known as the New York Bar Examination, and applicants must meet several requirements before being admitted, including completing an online course in New York-specific law and passing the New York Law Exam.
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Frequently asked questions
No, you need to pass the bar exam to practice law in New York, and you can't take the bar exam without meeting the minimum requirements, which include having a law degree.
There are four routes to qualify for the New York bar exam, and all of them require at least some form of classroom study in a law school. One of the routes is to graduate with a first degree in law from a law school approved by the American Bar Association (ABA).
Some states offer apprenticeships in place of law school. In New York, you must complete one year of law school and three years of study in a law office under the supervision of an attorney. After the completion of four years of study, you may take the New York Bar Exam.
A con is that you can only practice law in the state in which you took the bar exam, and the process is also very time-consuming.
