The New York State Bar Examination
DESCRIPTION OF THE BAR EXAMINATION
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The New York State bar
examination is administered twice a year on the last Tuesday and
Wednesday of every February and July. The bar examination contains
two sections, the New York section which is given on Tuesday, and
the Multistate Bar Examination (MBE) which is given on Wednesday.
The New York section consists of five essay questions and 50
multiple choice questions prepared by the New York Board, and one
Multistate Performance Test question, developed by the National
Conference of Bar Examiners. The second day of the exam is the MBE
section which consists of 200 multiple choice questions. Each day of
the examination will consist of a morning session and an afternoon
session with a lunch break in between. The examination is given at
the same time and date at various testing locations across the
state.
Schedule for First Day of the Examination (Tuesday):
In the morning session, which begins at 9:00 A.M. and ends at 12:15
P.M., applicants must complete three essays and the 50 multiple
choice questions in three hours and 15 minutes. Although applicants
are free to use their time as they choose, the Board estimates an
allocation of 40 minutes per essay and 1.5 minutes per multiple
choice question.
In the afternoon session, which begins at 1:45 P.M. and ends at 4:45
P.M., applicants must complete the remaining two essay questions and
the MPT in three hours. Again, although applicants are free to use
their time as they choose, the National Conference of Bar Examiners
developed the MPT with the intention that it be used as a 90-minute
test. Therefore, the Board recommends that applicants allocate 90
minutes to the MPT and 45 minutes to each essay.
Schedule for Second Day of the Examination – MBE (Wednesday):
The second day of the examination is the Multistate Bar Examination.
The Multistate Bar Examination (MBE) is a six-hour, two-hundred
question multiple-choice examination covering contracts, torts,
constitutional law, criminal law, evidence, and real property. The
examination is divided into two periods of three hours each, one in
the morning [9:30am to 12:30pm] and one in the afternoon [2:00pm to
5:00pm], with 100 questions in each period.
QUALIFYING TO SIT FOR THE BAR EXAMINATION - Applicants may
qualify to sit for the New York bar Examination in four ways:
1. Graduation from an American Bar Association (ABA) approved law
school in the United States with a juris doctor degree (Section
520.3 of the Rules of the Court of Appeals.)
2. A combination of law school study at an ABA approved law school
and law office study. (Section 520.4 of the Rules of the Court of
Appeals)
3. Graduation from an unapproved law school in the United States
with a juris doctor degree and practice in a jurisdiction where
admitted for 5 of the 7 years immediately preceding application to
sit for the New York bar examination. (Section 520.5 of the Rules of
the Court of Appeals)
4. Foreign law school study. (Section 520.6 of the Rules of the
Court of Appeals) (See also, "Foreign Legal Education" section of
this website)
Applicants are strongly encouraged to carefully review the
eligibility rules under
Section 520 of the Rules of the Court of
Appeals prior to applying to sit for the bar examination. It is the
responsibility of each applicant to be aware of the eligibility
requirements of the Rules of the Court of Appeals and the burden is
on each applicant to demonstrate their compliance with the
requirements of the Court Rules.
APPLYING TO SIT FOR THE BAR EXAMINATION
– Applicants may apply to sit for the bar examination by filing an
online application which is available on the Board’s website.
Applicants who do not have access to the online application may
contact the Board’s office to request a paper application.
APPLICATION FEES - The
application fee for the New York State bar examination is set in
statute by the New York State Legislature. The application fee for
candidates qualifying for the bar examination under Court of Appeals
Rule 520.3 (ABA approved law schools), 520.4 (law office study), and
520.5 (unapproved law schools) is $250. The application fee for
candidates qualifying for the bar examination under Rule 520.6
(study of law in a foreign country) is $750.
If you choose to file the on-line application, the only acceptable
form of payment is a credit card (Visa and Master Card only). Debit
cards are not accepted. At this time, the only way to use a credit
card for payment is by filing an on-line application. The Board
cannot accept credit card payment by mail or by phone. If you choose
to file a paper application by mail, the only acceptable forms of
payment are as follows: certified check or cashier's check drawn on
a U.S. bank, money order or travelers check drawn on a U.S. bank or
financial institution. All payments should be made payable to: "NYS
Board of Law Examiners." PERSONAL CHECKS ARE NOT ACCEPTED AND PLEASE
DO NOT SEND CASH.
DATES OF BAR EXAMINATION AND FILING DEADLINES
- The following is a list of bar exam dates for the next year. As a
rule, the bar exam is always held on the last Tuesday and Wednesday
of every February and July.
| Dates of Examination | Application Filing Period |
| February 28-29, 2012 | November 1 – November 30, 2011 |
| July 24-25, 2012 | April 1 – April 30, 2012 |
THERE IS NO PROVISION FOR LATE FILING.
Re-Applicants please note: If you took and failed the immediately preceding examination, the deadline for re-application is the later of (1) the filing deadline above; or (2) 14 days from the date of the release of the examination results. Re-applicants who did not complete both days of the immediately preceding examination do not get the benefit of this extension.
LAPTOP PROGRAM FOR THE NYS BAR EXAMINATION
The New York State Board of Law Examiners expects to permit applicants to use their personal laptop computers (“laptops”) with pre-installed security software to word process their answers to the essay questions and the MPT on the NYS bar examination (Laptop Program).
Please carefully consider the following information when determining
whether to participate in the Laptop Program:
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There are certain risks associated
with participation in the Laptop Program. Before you register to
participate in the Laptop Program, you must read and acknowledge
the “Notice to Participants in the NY Bar Examination Laptop
Program” a copy of which is located on the laptop page of the
Bar Exam Application. As part of this Notice, you will be
required to acknowledge and understand that, in the event of any
technical difficulties, you will be required to handwrite your
essay answers.
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There is a non-refundable
technology fee of $100 which you will be required to pay
directly to ExamSoft Worldwide, the software vendor selected for
the Laptop Program. Applicants will be contacted by email
shortly after the application period ends with the necessary
instructions for registering with ExamSoft. You will be required
to cooperate with ExamSoft to 1) register for the laptop
program; 2) download and install the security software; and 3)
certify your laptop for the bar examination.
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Laptop Test Centers – The Laptop
Program is not available in all test centers. At this time, the
Board plans to make laptop seats available at test sites in
Manhattan, Westchester, Albany, and Buffalo, and applicants will
generally be assigned to sites based on their place of
residence. Out of state residents will generally be assigned to
a test site in Albany or Buffalo. More specific information
regarding test center assignments will follow by email after the
application filing period has closed.
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After the conclusion of the bar
exam, applicants will be required to upload their essay answers
over the internet to the Examsoft secure site by no later than
8:30 pm (EST) on the Wednesday following the essay day of the
exam (MBE day). Failure to do so may result in the
disqualification of your answers. Internet access will not be
available at the test site to upload your exam files. You must
be able to connect the laptop you used to take the bar exam to
the internet in order to successfully perform the upload of your
essay answers. If you do not think that you will be able to
comply with this upload deadline then you should NOT participate
in the laptop program.
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All communications regarding the
Laptop Program will be by email only. It is your responsibility
to provide a valid email address on your application and to
promptly notify the Board of any change in your email address.
- You must provide your own laptop which must meet or exceed the following minimum system requirements as determined by ExamSoft:
Foreign Language Packs:
Candidates who have a laptop with foreign language packs should be
sure that you use a font that is recognized in the United States
(e.g. Arial, Times New Roman or Courier). NOTE: Users of Asian
languages must visit
www.examsoft.com/asian for additional instructions.
Apple Macintosh Users:
A native version of SofTest is now available for the MAC
operating system (Bootcamp is NOT required). See
Mac minimum system requirements for more specifics
NEW YORK LOCAL SECTION
The New York portion is based on both procedural and substantive
law. It may deal with the six subject matters covered on the
Multistate Bar Examination (MBE)--Contracts, Constitutional Law,
Criminal Law, Evidence, Real Property, and Torts (including
statutory no-fault insurance provisions). In addition, the questions
may deal with Business Relationships, Conflict of Laws, New York
Constitutional Law, Criminal Procedure, Family Law, Remedies, New
York and Federal Civil Jurisdiction and Procedure, Professional
Responsibility, Trusts, Wills and Estates , and UCC Articles 2, 3,
and 9. More than one subject is tested in a single essay question.
Except for questions involving federal law, the New York essay and
multiple choice questions are based on the law of New York.
The New York multiple choice questions require the applicant to
select the correct answer from among four stated alternatives, of
which only one is correct.
Each essay question is designed to test the applicant's ability to
analyze a given set of facts, to identify the issues involved and
the applicable principles of law, and to reason from there to a
sound conclusion. An essay answer should show a recognition of each
issue presented by the material facts, discuss the principles of law
applicable thereto and set forth the reasoning by which the
conclusion has been reached. The answer should be clear and concise.
It should be confined to the particular issues presented and should
not include information that is not responsive to the question.
Appropriate credit is given in the grading of essay answers for well
reasoned analyses of the issues and legal principles involved even
though the final conclusion itself may be incorrect.
The ability to effectively communicate is essential to competent legal practice. In grading, consideration is given to whether the answer is appropriately organized; whether the analysis is expressed with precision, clarity, logic and economy; whether relevant facts are cited and analyzed in support of a stated conclusion; whether appropriate legal terms are incorporated into the analysis; and whether overall the answer reflects an ability to communicate in an effective manner.
A compilation of the essay questions and sample above average
candidate answers from the three most recent bar examinations are
available on this web site.
LINK
MULTISTATE PERFORMANCE TEST (MPT)
The MPT, developed by the National Conference of Bar Examiners, is a
90 minute skills question covering legal analysis, fact analysis,
problem solving, resolution of ethical dilemmas, organization and
management of a lawyering task, and communication.
The Multistate Performance Test is designed to test an applicant’s
ability to use fundamental lawyering skills in a realistic
situation. Each test evaluates an applicant’s ability to complete a
task which a beginning lawyer should be able to accomplish.
The materials for each MPT include a File and a Library. The File
consists of source documents containing all the facts of the case.
The specific assignment the applicant is to complete is described in
a memorandum from a supervising attorney. The File might also
include, for example, transcripts of interviews, depositions,
hearings or trials, pleadings, correspondence, client documents,
contracts, newspaper articles, medical records, police reports, and
lawyer’s notes. Relevant as well as irrelevant facts are included.
Facts are sometimes ambiguous, incomplete, or even conflicting. As
in practice, a client’s or supervising attorney’s version of events
may be incomplete or unreliable. Applicants are expected to
recognize when facts are inconsistent or missing and are expected to
identify sources of additional facts.
The Library consists of cases, statutes, regulations and rules, some
of which may not be relevant to the assigned lawyering task. The
applicant is expected to extract from the Library the legal
principles necessary to analyze the problem and perform the task.
The MPT is not a test of substantive law, and problems may arise in
a variety of fields. Library materials provide sufficient
substantive information to complete the task.
The MPT requires applicants to (1) sort detailed factual materials
and separate relevant from irrelevant facts; (2) analyze statutory,
case, and administrative materials for relevant principles of law;
(3) apply the relevant law to the relevant facts in a manner likely
to resolve a client’s problem; (4) identify and resolve ethical
dilemmas, when present; (5) communicate effectively in writing; (6)
complete a lawyering task within time constraints.
These skills will be tested by requiring applicants to perform one
of a variety of lawyering tasks. Although it is not feasible to list
all possibilities, examples of tasks applicants might be instructed
to complete include writing the following: a memorandum to a
supervising attorney; a letter to a client; a persuasive memorandum
or brief; a statement of facts; a contract provision; a will; a
counseling plan; a proposal for settlement or agreement; a discovery
plan; a witness examination plan; a closing argument.
Additional information on the MPT, including the availability of
study aids, is available from the National Conference of Bar
Examiners at http://www.ncbex.org/multistate-tests/mpt/
MULTISTATE BAR EXAMINATION (MBE)
The MBE
includes 190 live test questions in the following areas:
Constitutional Law, Contracts, Criminal Law and Procedure, Evidence,
Real Property, and Torts. There are 33 questions each in Contracts
and Torts and 31 questions each in Constitutional Law, Criminal Law
and Procedure, Evidence, and Real Property. In addition the exam
contains 10 pretest questions which are indistinguishable from the
live test items, but will not be used for scoring purposes.
The questions on the examination are designed to be answered by
applying fundamental legal principles rather than local case or
statutory law. A given question may indicate the applicable statute,
theory of liability, or comparable principle of law.
Many of the questions require applicants to analyze the legal
relationships arising from a fact situation or to take a position as
an advocate. Some questions call for suggestions about interpreting,
drafting, or counseling that might lead to more effective
structuring of a transaction.
All questions are multiple choice. Applicants are asked to choose
the best answer from the four stated alternatives. The test is
designed to give credit only when the applicant has selected the
best answer. Therefore, applicants should mark only one answer for
each question; multiple answers will not be counted.
Scores are based on the number of questions answered correctly.
Applicants are, therefore, advised to answer every question. Time
should be used effectively. Applicants should not hurry, but should
work steadily and as quickly as possible without sacrificing
accuracy. If a question seems too difficult, the applicant is
advised to go on to the next one and come back to the skipped
question later.
Answer sheets are centrally scored. Both raw scores and scaled
scores are computed for each applicant. A raw score is the number of
questions answered correctly. Raw scores on different forms of the
test are not comparable primarily due to differences in the
difficulty of the test forms. A statistical process called equating
adjusts for variations in the difficulty of different forms of the
examination so that any particular scaled score will represent the
same level of performance from test to test.
For instance, if a test were more difficult than previous tests,
then the scaled scores on that test would be adjusted upward to
account for this difference. The purpose of these adjustments is to
help ensure that no applicant is unfairly penalized (or rewarded)
for taking a more (or less) difficult form of the test.
Additional information on the MBE, including the availability of
sample questions, is available from the National Conference of Bar
Examiners at
http://www.ncbex.org/multistate-tests/mbe/
The National Conference of Bar Examiners has developed and released
three MBE practice exams which may be used as study aids. MBE Online
Practice Exams 1, 2 and 3 are available for purchase at the NCBE
Online Store at
http://www.ncbex2.org/catalog/. Each MBE Online Practice Exam
consists of 100 questions drawn from recent actual MBEs,
representing the same content distribution as is seen on a
full-length MBE. Candidates may take these exams in either timed or
untimed sittings, and they will receive feedback on their answers,
including annotations and a customized score report.
While the subscription is active, examinees may take the Practice
Exam as often as they wish.
.
MBE SCORE TRANSFERS
Transfer of Concurrent MBE Score from another jurisdiction to New York:
As set forth in Board Rule 6000.6(g)(1), An applicant
taking the New York bar examination and a concurrent bar examination
in another jurisdiction shall have the option to take the Multistate
Bar Examination (MBE) in the other jurisdiction on the same day that
such examination is given in New York, and the MBE scale score
attained in such other jurisdiction will be combined with the
applicant's scores on the New York section of the examination in the
same manner as if the applicant had taken the MBE in New York. An
applicant who elects to use an MBE score from another jurisdiction
as permitted above shall notify the Board of such election at the
time that the application to sit for the New York State bar
examination is filed, and shall make the arrangements to have such
score timely transferred to New York. To transfer a concurrent MBE
score to New York from another jurisdiction the applicant must
complete the MBE score transfer form available on the website of the
National Conference of Bar Examiners (NCBE) and pay the prescribed
NCBE score transfer fee, or, if the other jurisdiction transfers its
own MBE scores, follow the procedures outlined by the other
jurisdiction. The transferred MBE score must be received in the
Board’s office no later than April 1 following a February
examination, and no later than October 1 following a July
examination. It shall be the applicant’s responsibility to ensure
that the Board receives the report of the transferred MBE score in a
timely manner. Failure to timely transfer an MBE score to the Board
shall result in the nullification of an applicant’s bar examination
scores.
MBE scores transferred from another jurisdiction will not be
reported to candidates who are successful on the New York State bar
examination.
An applicant who elects to use an MBE score from another
jurisdiction as permitted above shall notify the Board of such
election at the time that the application to sit for the New York
State bar examination is filed, and shall make the arrangements to
have such score timely transferred to New York.
The Board no
longer accepts the transfer of MBE scores earned from a prior
administration of the MBE in another jurisdiction.
Transfer of MBE Score Earned in New York to Other
Jurisdictions. As set forth in Board Rule 6000.6(g)(2), an
applicant taking the bar examination in New York may request the
certification of an MBE score earned in New York to another
jurisdiction. An applicant requesting certification of an MBE score
earned in New York to another jurisdiction must direct such request
to the Board’s office on a form provided by the Board and pay the
prescribed fee as defined in Board Rule 6000.3(c).
MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION (MPRE)
All applicants who have passed the bar examination and are seeking
admission to practice law in New York State must take and pass the
Multistate Professional Responsibility Examination (MPRE)
administered by the National Conference of Bar Examiners (NCBE)
prior to being certified by the Board to the Appellate Division.
The passing score in New York for the MPRE is 85.
The MPRE can be taken before or after the bar examination, however,
the applicant must pass the MPRE within three years either before or
after passing the New York bar examination, as measured from the
date the applicant sat for each examination. Therefore, if it has
been more than three years since an applicant took and passed the
MPRE, the applicant will be required to re-sit and pass the MPRE
before the applicant may be certified to the Appellate Division as
having passed the bar examination.
Applicants must designate New York as the jurisdiction to which the
score should be reported or have an official score report sent to
the Board by the NCBE.
Applicants who have not submitted to the Board proof of having taken
and passed the MPRE by the time the bar examination results are released,
will be notified that they have passed the bar examination but the
Board will NOT certify such applicants to the Supreme Court,
Appellate Division. Such applicants will have three years from the
date of the bar examination to take and pass the MPRE otherwise they
will have to re-sit the bar examination.
The MPRE is administered three times each year, in March, August and
November. Applications and information regarding the MPRE is
available from NCBE at
http://www.ncbex.org/multistate-tests/mpre/.
SEATING TICKETS - Seating
Tickets will generally become available by email to qualified
applicants approximately two weeks before the date of the scheduled
examination. At that time, seating tickets are also made available
to view and print from the home page of the Board’s website.
Applicants will need their BOLE ID Number to access their Seating
Ticket online. Applicants must present their Seating Ticket to
security in order to enter the examination. Therefore, it is
important to print and bring a copy of the Seating Ticket to the
exam. The seat number assigned in the Seating Ticket is the only
means of identification throughout the grading process. Each seat at
the examination has a number prominently displayed on a sticker. It
is critical that applicants sit in the correct seat, and include the
seat number on all examination materials.
TEST CENTER LOCATIONS - The
bar examination is always held in Albany, New York City and Buffalo
and may also be given at other locations based on a variety of
factors including the availability of test sites. As test sites are
confirmed, the locations will be posted on the Board’s website. The
Board suggests that you contact your travel agent or visit the
Visitors and Convention Bureau of the location where you will be
taking the examination for information concerning hotel and travel
arrangements.
TEST CENTER ASSIGNMENTS -
In accordance with Rule 6000.5, each applicant admitted to the
examination shall be assigned to a test center in one of the four
judicial departments located in the State. Test center assignments
will depend on the sites available for a given administration of the
exam. All applicants will receive an email sometime after the
application period closes to choose and confirm their seat location.
Only locations with available seats will be listed in the email.
Generally, applicants will be assigned to a test center in the
department in which they reside (at the time the application is
completed); out of state residents will most likely be able to
choose to sit for the exam in Albany or Buffalo, based on which
location(s) has available seats at the time the applicant responds
to the email. Once a location is filled, it will no longer appear in
the email.
REQUESTS FOR CHANGE IN TEST CENTER LOCATION
- There are no waiting lists for test centers and changes to test
center assignments are only made in rare instances and only upon a
showing of good cause. Such requests must be mailed to the Board’s
office and must be in the form of an affidavit showing the location
requested, the reason for the request, and supporting documentation
if applicable (i.e., medical necessity verified by a doctor's
certificate). Mere convenience or geographical proximity is not
considered good cause. Requests will be decided based on good cause
shown and the availability of seats and are completely within the
discretion of the Board.
ADMINISTRATIVE ACCOMMODATIONS - If you want to request permission to bring into the examination room an assistive device, such as a lumbar cushion, diabetic supplies or a lactation pump, you must make a written request to the Board on the form provided by the Board (Administrative Accommodation Request). The request must be received by the Board no later than the first day of the month of the scheduled exam. If the request is granted, the Board will provide a letter granting the request which must be presented to security at the entrance of the test center.
If you want to request a special seating arrangement due to a medical condition, such as near a restroom or near the examination room door, you must make a written request to the Board on the form provided by the Board (Administrative Accommodations Request.). The request must be received by the Board no later than the first day of the month of the scheduled exam.
The Administrative Accommodation Request form can be found HERE
SECURITY POLICY – Prior to
the bar examination, you should carefully read and review the
Board’s Security Policy. The Security Policy contains important exam
day references, such as a list of items which are permitted at the
exam (all other items are prohibited) and behaviors which are
prohibited at the exam. The Security Policy is frequently updated,
and the Policy which applies during the bar examination will be
printed on your Seating Ticket. Violations of the Security Policy
will be prosecuted by the Board and may result in the imposition of
penalties such as nullification of scores, disqualification from
sitting for future exams, and notice to the Character and Fitness
Committee (See Board Rule 6000.9).
The Security Policy can be found HERE
PHOTO IDENTIFICATION -
All applicants must bring an official government issued picture ID to the examination,
which will be checked at all four sessions. Acceptable forms of ID
include a U.S. driver's license, a passport, or other government
issued photo ID. A non-U.S. citizen who does not possess a drivers
license issued by a U.S. state or territory must present a valid
passport for identification. The name on your photo ID must match the name
on your seating ticket.
ORAL AND WRITTEN INSTRUCTIONS GIVEN AT THE EXAMINATION
- Many problems can be avoided by listening to and reading the
instructions given at the examination. Some important exam day rules
to remember are:
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Once you enter the exam room, you may not leave it at any point except to use the restroom with permission of a proctor. Violation of this rule will prohibit re-entry into the exam room and could disqualify you from completing the exam.
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You must have an EXIT PASS to leave the exam room when you complete each session. Your proctor will provide you with your EXIT PASS after you have turned in all your examination materials.
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Do NOT remove examination materials from the exam room.
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After you leave the exam room, you may not re-enter until the next testing session.
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NO SMOKING is allowed during the exam.
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No notes may be brought past the security checkpoint, and no studying is allowed past the security checkpoint.
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No applicant may leave their seat during the last 15 minutes of the session for any reason.
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Applicants who do not immediately stop writing or typing when time is called will be reported to the Board and may be found guilty of violating the Board's rule covering Fraud and Dishonesty.
FRAUD, DISHONESTY AND OTHER MISCONDUCT (22 NYCRR § 6000.9) – Board
Rule 6000.9 covers acts of fraud, dishonesty and other misconduct in
connection with the application to and the taking of the bar
examination. It is recommended that all applicants carefully review
Board Rule 6000.9 to familiarize themselves with the type of conduct
that is prohibited and the penalties that may be imposed. Acts of
fraud, dishonesty and other misconduct will be vigorously prosecuted
by the Board and may result in the imposition of penalties as set
forth in Board Rule 6000.9. Please note that writing or making any
marks or erasures on your exam papers after time is called is
subject to discipline under Board Rule 6000.9.
CIVILITY POLICY - The Board of Law Examiners has adopted a Civility Policy which governs applicants' interactions with the Board of Law Examiners. Based on the New York State Standards of Civility for the legal profession which apply to attorneys who practice in New York State (see http://www.nycourts.gov/press/old_keep/stnds.shtml), the Civility Policy sets forth principles of behavior which govern those who aspire to practice law in New York. Violations of the Civility Policy can be reported to the Committee on Character & Fitness having jurisdiction over the applicant, and more serious violations can form the basis of a charge under Board Rule 6000.9 which prohibits Fraud, Dishonesty and Other Misconduct.
The Civility
Policy can be found
HERE.
WITHDRAWAL FROM THE EXAMINATION
- Should you decide to withdraw from the examination, you must
notify the Board in writing- by fax or by mail - as soon as
possible. The application fee is non-refundable except in extremely
limited circumstances. If there are extenuating circumstances
causing you to withdraw, you may request a credit. All such requests
must be received in the Board’s office within 30 days of the exam
from which you withdrew. Requests must be in writing and accompanied
by appropriate supporting documentation. The reason for the
withdrawal and the supporting documentation will be reviewed by the
Board to determine if there is a valid basis to credit the fee. If
you applied online and paid your fee by credit card, you may be held
responsible for any penalties incurred by the Board should you
cancel the credit card charge for any reason.
REPEATED WITHDRAWAL FROM THE EXAM/ FAILURE TO APPEAR
- Pursuant to Board Rule 6000.6(i), any applicant who has withdrawn
from or failed to appear for two or more bar examinations must apply
to the Board for permission to re-apply before taking another bar
examination. Applications to re-apply should be received in the
Board's office two weeks before the filing deadline of the exam you
wish to take. The filing deadlines cannot be waived or extended (see
Board Rule 6000.10[b]).
Applications must be in the form of an affidavit which means that you must swear under oath and under penalty of perjury that its contents are truthful and accurate, and your statement must be witnessed by a notary. Applications must include:
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Your name, age, residence address, email address and phone number;
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The facts which caused you to withdraw from or to fail to appear for each and every bar examination, not just the two most recent bar exam; and
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The facts which support your request to re-apply including a discussion of what steps you have taken - or what has changed in your circumstances - to make it possible for you to appear for a future exam.
Applications should include wherever possible supporting documentation which confirms the reasons why you withdrew or failed to appear for each and every exam. Examples include medical documentation, police reports, death notices, employment letters and the like.
ABSENCE FROM EXAM OR ANY PART THEREOF
[Board Rule 6000.6(f)] – Applicants must take all sections of the
examination to receive a grade. Applicants must take both sessions
of the New York section of the bar examination at the designated
location in New York State and both sessions of the MBE section,
either in New York State or concurrently in another jurisdiction.
Any applicant who is not present for both sessions of the New York
section will not be permitted to take the MBE in New York on the
following day. No applicant will be admitted to the examination more
than one half hour after the examination session begins. An
applicant who fails to appear for one session of the examination
shall not be admitted to a later session. Any examination papers
submitted by an applicant who does not take the entire examination
will not be graded, their application fee shall be forfeited, it
will be counted as a “failure to appear,” and a new application must
be filed for any future examination. Such applicants do not get the
benefit of the 14 day extension period for filing a re-application
for the bar examination.
CHANGE OF ADDRESS -
The Board must be promptly notified in writing of any changes in
your residence, correspondence and/or email addresses. Applicants
have a continuing obligation until the release of the examination
results to notify the Board in writing of any changes. Every
applicant who, after completing the examination, becomes a resident
of the State or a full-time employee therein or who changes the
place of residence or full-time employment in the State, shall file
written notice with the Board. The Department of the Appellate
Division to which an applicant is certified shall be based on the
address on file at the Board’s office approximately two weeks prior
to the release of the results. Please note that seat assignment
locations will be based on the address given at the time of
application. Any change of address which changes the department to
which an applicant would be assigned for testing will not be
processed until after the examination.
APPLICATION FOR ADMISSION/CHARACTER AND FITNESS
INVESTIGATION - Applicants who are successful on
the bar exam and the Multistate Professional Responsibility
Examination will be certified by the Board for admission to practice
law in New York State. New York State's Supreme Court, Appellate
Division, is divided into four Judicial Departments and each
Department handles its own admission determinations. You will
automatically be assigned to one of the Departments on the basis of
your residence address. If you reside outside New York State but are
employed full-time therein, you are assigned on the basis of your
employment address. Residence takes precedence over employment if
you reside and work in New York State. If you neither reside nor
work in New York State, you are assigned to the Third Department.
Shortly after the examination, you will be sent an admission packet.
These forms, which are the same for all four departments, serve as
the basis for inquiry by the Committees on Character and Fitness
into the applicant's character and fitness to be members of the Bar.
In order to expedite the admission process, you should complete and
file the forms prior to receipt of your the results on the
examination. Any questions regarding these forms should be directed
to the Appellate Division in the appropriate Department. Please note
that your application for admission must be filed within three years
from the date of the initial letter sent by the Board notifying you
that you have passed the bar examination. Prior to certification it
is not necessary to notify the Appellate Division of your change of
address. Once you have been certified by the Board, however, any
change in address must be made upon application to the Department to
which you have been certified.
PASSING SCORE REQUIRED FOR BAR EXAM
- A final total weighted scaled score of 665 is required to pass the
examination, and any applicant who fails to attain a total weighted
scaled score of 665 must retake the entire examination at a
subsequent administration. There is no appeal from the final total
weighted scaled score.
GRADING OF BAR EXAMINATION -
The answers to the five essay questions and the MPT are each graded
in accordance with a predetermined marking formula, and the grades
attained by the applicant on the respective questions are the raw
essay scores. The total number of questions answered correctly by an
applicant on the 50 New York multiple choice questions is the raw
score for that portion, and the number of questions answered
correctly on the MBE questions is the applicant's raw score for
the MBE portion.
Through psychometrically approved scaling procedures, the raw scores
attained by the applicants on each portion of the examination are
converted to scaled scores on a common scale of 0 to 1000, and the
three scaled scores are then weighted and combined to yield total
weighted scaled scores on the same 0 to 1000 scale. The relative
weights assigned are 50% to the written portion (40% essays and 10%
MPT), 10% to the New York multiple choice, and 40% to the MBE
portion.
The essay and MPT answers of each applicant who receives an initial
total weighted scaled score of 655 through 664 are re-read and
re-graded by graders other than the initial graders. The examination scores are then recomputed to
determine each applicant's final scaled score. There is no appeal
from this final score.
There is no passing or failing on any one portion of the
examination. Thus, a poor performance on one section of the
examination may be offset by a superior performance on another
section. Passing or failing is determined only on the basis of the
applicant's total weighted scaled score.
RESULTS OF BAR EXAMINATION -
The results of the bar examination, in the form of written pass/fail
notices, are emailed to all applicants on the same day. The day the
results are released, a private results lookup screen will also be
available online for all applicants to view their results. The next
day, a list of all successful applicants will be posted on this
website and on the website of the New York Law Journal. While the
Board does not set a specific date for the release of bar exam
results, historically results from the July examination are released
in mid-November, and the results of the February examination are
released in mid-May.
Each successful applicant who has also furnished proof of successful completion of the Multistate Professional Responsibility Examination (MPRE) is certified by the Board for admission to the bar. Each successful applicant who has not furnished proof of successful completion of the MPRE is also notified of that fact in writing. As the MPRE scores of those applicants are received, they are certified for admission. The Board usually certifies on a weekly basis, and it is very important for applicants to keep their current addresses on file with the Board so that they may be certified to the correct department upon receipt of their MPRE scores.
MATERIALS AVAILABLE TO FAILED APPLICANTS - During the 30-day period
following the date of the Board's notice of failure, applicants
whose final total weighted scaled scores are below 665 may obtain
one set of copies of their own essay answers by forwarding a written
request to the Board's office with a certified check, cashier's
check or money order in the amount of $40, payable to "State Board
of Law Examiners." Copies of the essay questions and sample
above-average candidate answers are also available for a fee of $15
each for the questions and answers. Within 60 days of the release of
the bar exam results, the Board will publish on this website, copies
of the essay questions and a synopsis of the MPT that appeared on
the examination, together with copies of sample applicant answers
that received better than average scores to those questions.