The Bar Examination

QUALIFYING TO SIT FOR THE BAR EXAMINATION - Applicants may qualify to sit for the New York bar Examination in four ways:

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)

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 either filing an on-line application or by printing, completing and mailing a paper copy of the application. To access the application materials on the Board’s website click on "Application Materials."

APPLICATION FEE - The application fee for the New York State bar examination is $250. 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, U.S. Post Office money order, 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 three years. As a rule, the bar exam is always held on the last Tuesday and Wednesday of every February and July. Applications to take the bar examination must be either postmarked or filed online no more than 120 days, nor less than 90 days prior to the examination for which application is being made.

Dates of Examination	Application Filing Dates (Postmark or On-Line)
July 29-30, 2008	April 1 - April 30, 2008
February 24-25, 2009	November 1 – November 30, 2008
July 28-29, 2009	April 1 – April 30, 2009

Re-Applicants please note: If you took and failed the immediately preceding examination, the deadline for re-application is 21 days from the date of the failure notice, or 90 days prior to the date of the examination, whichever is later. Re-applicants who did not sit show up for the immediately preceding examination must file their re-application in accordance with the filing dates set forth above.

DESCRIPTION OF THE BAR EXAMINATION - 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 [9:00am to 12:00pm] and one in the afternoon [1:30pm to 4:30pm], with 100 questions in each period.

MULTISTATE BAR EXAMINATION (MBE)
Effective with the February 2007 bar examination, the MBE will include 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 an MBE study aid that they are calling the Multistate Bar Examination - Annotated Preview, or MBE-AP. The MBE-AP is designed to be delivered online. It consists of 100 questions drawn from recent actual MBEs, representing the same content distribution as is seen on a full-length MBE. In addition to the questions, both the correct and incorrect options have been annotated to provide guidance to examinees who are preparing to take the MBE. Finally, the test includes a scoring component that will, to a limited degree, allow examinees to gauge their overall performance and their relative performance in each of the six MBE content areas.

The MBE-AP is available through the NCBE website; the specific link is http://www.ncbex.org/mbe-ap/. The charge for a subscription is $26, with each subscription lasting through the MBE test administration that follows the purchase, that is, the subscription would allow the use of the MBE-AP until the morning that the MBE is next administered. While the subscription is active, examinees may take the MBE-AP as often as they wish.

The test may be taken in a timed three-hour sitting, simulating an actual MBE administration, or on a question-by-question basis so that the examinee may consider the annotated answers in close proximity to reading the test question. After the exam is taken once, an examinee may choose to take the entire exam again or to retake only the questions that were answered incorrectly. The NCBE expects that in addition to using the MBE-AP to gain experience and familiarity with the MBE multiple-choice format, many examinees will also use it as a learning tool for substantive content.

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.

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 therefrom 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.

A compilation of the essay questions and sample above average candidate answers from the three most recent bar examinations is available on this web site, or upon written request for a fee of $50 in a certified check, cashier's check or money order, payable to "State Board of Law Examiners."

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.

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/

TAKING A CONCURRENT EXAMINATION IN ANOTHER JURISDICTION - Since the MBE is given on the same day in every jurisdiction, it is possible for applicants to take a concurrent bar examination in a State which gives their essay or local section on Thursday. It is the responsibility of the applicant to determine the requirements of the other jurisdiction and whether or not it is feasible for them to take a concurrent examination. An applicant may choose to take the MBE portion of the examination in another jurisdiction, as part of the latter's bar examination, on the same day the MBE is given in New York, and the MBE scaled score attained by the applicant in the other jurisdiction will be combined with the applicant's scores on the New York portion of the examination taken on the previous day as if the applicant had taken the entire examination in New York. Written notification of the applicant's intention to take the MBE in another jurisdiction must be noted in the appropriate area on the application form.

Transfer of Concurrent MBE Scores: If you elect to take the MBE concurrently in another jurisdiction and wish to transfer that score to New York, or you wish to transfer the MBE score taken in New York to another jurisdiction, it is your responsibility to timely request a transfer of the MBE score. You must arrange for the transfer of the MBE score by using the MBE Score Transfer Form available through the National Conference of Bar Examiners (NCBE) at http://www.ncbex.org/multistate-tests/mbe/services/transfers/. There is a $25 fee payable to NCBE. A failure to timely transfer your MBE score to New York (by April 1^st for Feb exam; Oct 1^st for July exam) may result in the nullification of your bar examination scores.

Transfer of Prior Multistate Bar Examination (MBE) Scores: Applicants requesting the certification of an MBE score earned in New York during the past seven (7) years to another jurisdiction must request such certification from NCBE. The applicant should make a request to NCBE that includes the applicant's name, current address, telephone number, month and year MBE administered, jurisdiction (NY), date of birth (MM/DD/YY) and applicant/seat number if known, with a check or money order in the amount of $25 payable to "NCBE." Applications for requesting a score transfer are available on the web site of the National Conference of Bar Examiners.

Applicants requesting the certification of an MBE score obtained in New York more than seven (7) years ago to any jurisdiction shall direct such request to the Board's office and pay a fee of $25 for each such transfer. Such fee shall be paid at the time of request by a certified check, cashier's check or money order, payable to "State Board of Law Examiners." If a request for transfer of a prior score is not made at least 60 days prior to the date of the examination for which the requestor is applying in the other jurisdiction, the Board cannot guarantee that the score will be transferred prior to the date of the other jurisdiction's examination.

ADMISSION TICKETS - Seating assignments are made about two to three weeks prior to the dates of the examination. At that time, admission tickets will be mailed to all eligible applicants who qualify to sit for the examination. Applicants will also be able to access and print their admission tickets directly from the Board’s website. Applicants must present their Admission Ticket in order to enter the examination. The seat number assigned in the admission 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 extremely important that applicants sit in the correct seats, insert the correct seat number on all of their essay answer booklets and carefully complete the identifying grids on all multiple-choice computer answer sheets.

TEST CENTER LOCATIONS - The examination is always held in Albany, New York City and Buffalo. As test sites are confirmed, the locations will be posted on the Board’s website under "Test Sites." We do not have any information regarding hotel accommodations in any of the locations. Most cities have a Visitors and Convention Bureau, and we suggest you contact that type of organization, or your travel agent, to obtain information.

TEST CENTER ASSIGNMENTS - The address that you provide for your legal residence on the Bar Exam Application will, in most instances, determine the location of the testing center to which you will be assigned. A Post Office Box is not a residence address. In the case of non-residents who are employed full-time in New York State, the testing center is determined by the Department in which the Employment address is located. Residents of the First and Second Departments, and non-residents employed full-time in those Departments at the time of making application will be assigned to take the examination in New York City. Residents of the Third and Fourth Departments, and non-residents employed full-time in those Departments at the time of making application, will be assigned to take the examination in Albany and Buffalo respectively. ALL NON-RESIDENTS WHO ARE NOT EMPLOYED FULL-TIME IN NEW YORK AT THE TIME OF APPLICATION WILL BE ASSIGNED TO TAKE THE BAR EXAMINATION IN ALBANY. Please consult the list of Appellate Division Departments and the Counties that are assigned to each department at the end of this Handbook.

REQUESTS FOR CHANGE IN TEST CENTER LOCATION - A change of the testing location to which you will be assigned may only be made in rare instances, and only upon a showing of good cause. Such requests must accompany your application and shall 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. If you are filing an On-Line Application, the Request for Change of Testing Location should accompany the paper portion of the On-Line Application that you will be required to mail to the Board offices. Requests for Change of Testing Location will be decided on a case-by-case basis and will be based on availability of seats. Due to the availability of seats in Buffalo, the Board generally is able to accommodate all requests to change a seat location to the Buffalo site.

SECURITY POLICY – Prior to the date of the bar examination, you should consult carefully review the Board’s security policy (a copy of which is located on this website) because it will be strictly enforced. A copy of the Security Policy will also be mailed with your Admission Ticket. Violations of the Security Policy (including the possession of notes or cell phones in the testing room and writing after time is called) will be vigorously prosecuted by the Board and may result in the imposition of penalties as set forth in Board Rule 6000.9 (penalties may include but are not limited to nullification of scores, suspension from sitting for future exams, notice to the Character and Fitness Committee).

PHOTO IDENTIFICATION - All applicants must bring an official 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. The name on your photo ID must match the name under which you filed your application.

ORAL AND WRITTEN INSTRUCTIONS GIVEN AT THE EXAMINATION - Oral and written instructions are given at the examination. Many problems can be avoided by listening to the oral instructions made at the beginning and end of each examination session.

No applicant may leave the examination room (except to use the restroom in a center where they are located outside the room) without an Exit Pass, which can only be obtained from the proctor in your section after you have turned in all your examination papers. No applicant may leave their seat during the last 15 minutes of the session for any reason. Applicants who do not stop writing 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. The collection process can be expedited if everyone remains quietly at their seat and waits for the proctor to come to them to collect their papers.

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.

WITHDRAWAL FROM THE EXAMINATION - As set forth in Board Rule 6000.3(b), if after applying for examination or re-examination and paying the prescribed fee, an applicant wishes to withdraw such application, the applicant may do so upon written notice to the Board. If such notice is received in the office of the Board no later than the first day of the month in which the examination for which application has been made (February 1^st for the February examination; July 1^st for the July examination); the fee will be credited for a future administration of the examination for a period not to exceed three years from the date of the credit. If written notification of withdrawal is not received by February 1^st (for the February exam) or July 1^st (for the July exam), the Board will consider the reason for withdrawal and lateness of notification and may, in its discretion, credit the fee paid by the applicant for good cause shown. As set forth in Board Rule 6000.3(c), no applicant will receive a credit on more than one occasion, and any applicant who withdraws from more than one examination will be required to pay a new fee, in the full amount, with each subsequent application. Please note that if you applied on-line and paid your fee by credit card do not attempt to cancel the credit card charge as you may be held responsible for any penalties incurred by the Board. All requests for withdrawals, credits or refunds must be made in writing to the Board offices.

ABSENCE FROM EXAM OR ANY PART THEREOF [Board Rule 6000.6(f)] – Applicants must sit for both the New York local section (in New York State) and the MBE (either in New York State or concurrently in another jurisdiction). Any applicant who is not present for both the morning and afternoon sessions of the New York local section will not be permitted to take the MBE in New York on the following day. Any examination papers submitted by an applicant who does not take the entire examination will not be graded, their application fee paid shall be forfeited and a new application must be filed for any future examination. Also, no applicant will be admitted to the examination more than one-half hour after the examination begins.

CHANGE OF ADDRESS - The Board must be promptly notified in writing of any changes in your residence or correspondence address. The deadline to guarantee processing of a change of address for the seating assignment or mailing of the admission ticket is February 1st for a February examination and July 1st for a July examination. Please note that applicants have a continuing obligation until the release of the examination results to notify the Board in writing of any changes in address, either residence or correspondence. Absent a change of address, examination results will be mailed to the last correspondence address that we have on record.

APPLICATION FOR ADMISSION/CHARACTER AND FITNESS INVESTIGATION - Shortly after the bar examination, the Board sends to the Supreme Court, Appellate Division in each of the four judicial departments, a list containing the names and addresses of the applicants from that department who took the examination. Each department then sends admission application forms to each applicant on its list in order to expedite the admission process by permitting the applicants to complete and file the forms prior to receipt of the results of the examination. The forms must be filed within three years of the date of the Board's initial letter notifying the applicant of successful completion of the bar examination. 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.

If an applicant has a change of address resulting in a change in Department between the time of receiving the application forms and the results of the bar examination, the applicant should immediately notify the Board in writing of such change. The Board, in turn, will acknowledge receipt of the change to such applicant and notify each Department involved of the change.

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. Again, there is no appeal from the final total weighted scaled score. Although the Board has issued a report recommending that the passing score be increased to 675 (in two five point increments), the additional increases in the passing score have been stayed pending further study by the Board. When additional information becomes available the Board will issue a press release and make an announcement on this website. In the meantime, the passing score required for the February and July 2007 administrations of the bar examination remains at 665.

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 200 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 674 are re-read and re-graded by graders other than the initial graders. The two scores for each essay answer are averaged to determine a final scaled score for each essay. 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 mailed to all applicants on the same day. A list of all successful applicants is posted on this web site the same day, and on the web site 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 summer examination are release in mid-November, and the results of the winter 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 to the Appellate Division of the judicial department in which the applicant resides or, if not a resident, in which the applicant is employed full-time or, in the absence of residence or employment in New York, to the Third Department. In the case of an applicant who resides and is employed in New York, residence takes precedence over employment for purposes of certification. Once the Board has certified an applicant to a particular department, a transfer can only be made upon application to the Presiding Justice of the Appellate Division to which the applicant has been certified. It is, therefore, important for applicants to keep the Board notified, in writing, of their current address.

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 to the appropriate Appellate Division. The Board usually certifies on a weekly basis, and it is very important for these 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.