Foreign Legal Education
Introduction. . Section 520.6 of the Rules of
the Court of Appeals for the Admission of Attorneys and Counselors
at Law [22 NYCRR 520.6] contains the eligibility requirements for
applicants who wish to qualify for the New York State bar
examination based on the study of law in a foreign country.
Compliance with the requirements of the Rules of the Court of
Appeals must be proved to the satisfaction of the Board before an
applicant may be permitted to sit for the bar examination.
Therefore, applicants should carefully review Sections 520.6 and
520.3 of the Rules of the Court Appeals before making application to
sit for the New York State bar examination. If, after reviewing
Sections 520.3 and 520.6 of the Rules of the Court of Appeals, an
applicant shall believe that it satisfies the eligibility
requirements to qualify for the bar examination, the applicant may
file an application during the appropriate filing period (consult
the Application Materials). All applicants applying to sit for the
bar examination under Section 520.6 of the Rules of the Court of
Appeals must complete a Request for Evaluation of Foreign Academic
Credentials Form, a copy of which may be downloaded from this
website, and mail it to the Board office together with the
documentation described below under the section entitled Documentary
Proof Required for Compliance with Section 520.6.
Advance Evaluation of Eligibility.. Applicants are
encouraged to request an evaluation of their eligibility up to a
year in advance of the application filing period for the examination
which the applicant intends to sit. Evaluations will not be
conducted until the Board is in receipt of all required
documentation. When the Board is satisfied that all necessary
documentation has been received, the Board will commence the
evaluation and provide the applicant with a written decision in due
course. We kindly ask that you allow at least eight to ten weeks
from the date of the Board’s receipt of all of the necessary
documentation for a decision to be made in your case. Please also
note that all transcripts and proofs submitted to the Board become
the possession of the Board and will not be returned to the
applicant.
Synopsis of the Requirements of Section 520.6(b)(1).
Section 520.6(b)(1) of the Rules of the Court of Appeals requires an
applicant to provide satisfactory proof of the following:
(1) that the applicant has fulfilled the educational requirements
for admission to the practice of law in a foreign country other than
the United States;
(2) that the applicant has successfully completed a period of law
study in a law school or schools, that is at least substantially
equivalent in duration to that required under subdivisions (d) and
(e) of section 520.3;
(3) that throughout the period of the applicant’s study, the law
school or schools attended was each recognized by the competent
accrediting agency of the government of such other country, or a
political subdivision thereof, as qualified and approved;
(4) that the jurisprudence of such foreign country is based upon the
principles of the English Common Law; and
(5) that the "program and course of law study" successfully
completed by the applicant were the substantial equivalent of the
legal education provided by an approved law school in the United
States.
Curing a durational or substantive deficiency under subdivision
(b)(1)(ii). Subdivision (b)(1)(ii) of part 520.6 permits certain
applicants to cure either a durational or substantive deficiency by
successfully completing further study at an approved law school in
the United States. Specifically, if an applicant cannot satisfy the
durational equivalency requirements of section 520.6(b)(1) but has
at least two years of substantively equivalent education, or if the
applicant cannot satisfy the substantive equivalency requirements of
520.6(b)(1)(i), the applicant may still qualify to sit for the bar
examination by showing "that the applicant has successfully
completed a full-time or part-time program consisting of a minimum
of 20 semester hours of credit, or the equivalent, in professional
law subjects, which includes basic courses in American law, in an
approved law school in the United States." Prospective applicants
should note that subdivision (b)(1)(ii) does not permit use of the
"program of study at a U.S. law school" to cure both durational and
substantive deficiencies.
Supporting Documentation Required to comply with Rule 520.6.
In order to conduct an evaluation of your eligibility to sit for the
bar examination, the Board requires the supporting documentation
listed below. Note that documentation must consist of originals or
copies certified directly by the issuing institution. Faxed copies,
photocopies certified by a notary public, and photocopies certified
by anyone other than an official at the issuing institution are NOT
acceptable. All documents submitted become the property of the Board
and will not be returned.
Required Documentation:
- (a) Official Transcript(s). Submit a final, official transcript from every law school attended that includes the dates of attendance for each period of study, the courses taken and passed for each period of study, the degree awarded, and the date the degree was awarded. All transcripts must be received by the Board directly from the issuing law school.
- (b) Degree Certificate. If the official transcript does not clearly state the degree awarded and/or the date such degree was awarded, you must furnish a certified copy of your degree certificate.
- (c) Proof of fulfillment of the educational
requirements for admission to the practice of law in the foreign
country.
(1) If you are admitted to practice law in a foreign country, attach a copy of your admission certificate, OR
(2) If you are not admitted to practice law in a foreign country, submit proof of the educational requirements for admission to practice law in your country and proof that you have fulfilled these requirements. - (d) Accreditation. Submit a written
statement from the competent accrediting agency of your foreign
government that the law school or schools you attended were
recognized by them as qualified and approved throughout your
period of study.
Additional Documentation (if required):
- (a) Supplement to transcript. If the Board
determines that your official transcript does not confirm that
your legal education complies with the durational and
substantive requirements of Rule 520.6 (b) (1), additional
documentation from your law school will be required. You will be
advised if such additional documentation is needed.
(1) Proof of durationally equivalent legal education. Section 520.6(b)(1) of the Rules of the Court of Appeals requires successful completion of law school study that is at least substantially equivalent in duration to that required under subdivisions (d) and (e) of Section 520.3. If your official transcript does not clearly confirm that your law degree was based on classroom study that is substantially equivalent in the number of hours and the number of calendar weeks in residence as required by section 520.3(d) (full-time program) or 520.3(e) (part-time program), then it will be necessary for you to provide a written statement from your law school or schools confirming the total number of calendar weeks in residence and the total number of classroom hours successfully completed during your program of study.
(2) Proof of substantively equivalent legal education. Section 520.6(b)(1)(i)of the Rules of the Court of Appeals requires successful completion of law school study that is substantially equivalent of the legal education provided by an approved law school in the United States. If your official transcript does not clearly confirm that your law school study is substantially equivalent of the legal education provided by an approved law school in the United States, then it will be necessary for you to provide from your law school or schools any additional documentation as requested by the Board.
- (b) English translation. If the law school transcripts, degree certificate, or any of the other documentation requested above are not in English, you must also furnish English translations of the documents prepared by an official translator. Translations made by the applicant are not acceptable. Where translations of official transcripts are obtained by the applicant, the Board still requires that an original transcript be received directly from the issuing law school.
520.6(b)(2) – Qualifying to Sit for Bar Exam based on
Admission in an English Common Law Jurisdiction and Successful
Completion of a Law School/Law Office Study Program.
Subdivision (b)(2) of part 520.6 permits certain applicants to
qualify for the bar examination where: (1) the applicant has been
admitted to practice law in a foreign country whose jurisprudence is
based upon the principles of the English Common Law; and (2) the
admission was based on a program of study in a law school and/or law
office, that is recognized by the competent accrediting agency of
the government of such other country; and (3) the combination of the
law school and law office programs of study is durationally
equivalent but yet substantively deficient under subdivision (b)(1)(i)
of section 520.6; and (4) the applicant has also successfully
completed a full-time or part-time program consisting of a minimum
of 20 semester hours of credit, or the equivalent, in professional
law subjects, which includes basic courses in American law, in an
approved law school in the United States. Historically, applicants
who may qualify under Section 520.6(b)(2) generally have been
solicitors or barristers in English Common Law jurisdictions who do
not have an LLB degree but who were admitted to practice in their
foreign jurisdiction based on successful completion of either the
Common Professional Examination course, the Graduate Diploma in Law
(GDL) or the Bar Vocational Course, together with a practical skills
course, and a training contract (i.e., articles), the aggregate of
which may satisfy the durational equivalency requirements.
In order to qualify under 520.6(b)(2) the Board requires proof of
the following in the form of original documents or copies certified
by the issuing institutions: (1) an admission certificate from the
competent accrediting agency of the government of the foreign
jurisdiction; (2) transcripts of the law school programs confirming
the dates of attendance and successful completion of the program(s);
(3) a certificate or written statement verifying the successful
completion of the law office study (i.e., clerkship or articles) and
the dates of the employment; (4) a transcript from the U.S. law
school confirming successful completion of the program of study
described in 520.6(b)(2).
Guide to the U.S. Law School Program of Study required by
520.6(b)(1)(ii).
Section 520.6(b)(1)(ii) of the Rules of the Court of Appeals requires certain applicants to successfully complete a program of study consisting of a minimum of 20 semester hours of credit in professional law subjects, including basic courses in American law, at an approved law school in the United States. The following information is intended as a guide to provide prospective applicants with an explanation how the Board interprets the requirements of Section 520.6(b)(1)(ii).
Program of Study – The credits must be taken as
part of a "program of study." Courses taken on a non-matriculated
basis are not acceptable. While the rule does not require the
"program of study" to be an LLM or Masters Degree, many applicants
choose to pursue such a program. Some New York law schools have
implemented foreign lawyer certificate programs which consist of at
least 20 credits for the purpose of assisting foreign educated
individuals in qualifying to sit for the bar examination.
Minimum of 20 Semester Hours of Credit – The
program of study must be a minimum of 20 semester hours of credit.
The Board has no authority to waive the 20 credit requirement or any
of other requirements of the Court Rules.
Professional Law Subjects – The credits must be in
"professional law subjects." Generally, most courses that are
typically taught in an approved law school qualify as "professional
law subjects." Non-law courses will not be counted towards the 20
credits. The Board also does not count "directed research" or
"independent study" as part of the 20 credits but applicants are
free to take such credits over and above the 20 credits in
professional law subjects required by the rule.
Basic Courses in American Law - The Board
interprets "basic courses in American law" as a minimum of two
courses from the list of subjects detailed in the Content Outline
maintained on this website.. . Please note that many ABA approved
law schools have obtained advance approval from the Court of Appeals
of acceptable "basic courses in American law" and we urge you to
contact the graduate office at your law school to consult their list
of approved "basic courses in American law."
Successful Completion – The "program of study" that
the applicant chooses to pursue must be successfully completed
before the applicant may qualify to sit for the bar exam. If the
program of study that the applicant has chosen to pursue is more
than 20 credits the applicant will not qualify until all of the law
school’s requirements for that program are satisfied and the degree
is awarded. A transcript showing that the LLM, Masters degree, or
Foreign Lawyer Certificate program has been successfully completed
will be required before an applicant is qualified to sit for the bar
exam.
Approved Law School - Approved law school means a
U.S. law school approved by the American Bar Association (ABA).
Please note that the Board cannot recommend a particular law schools
nor does the Board maintain a list of schools that offer programs
that will satisfy the Rule 520.6. You may contact the ABA's Section
on Legal Education and Admissions to the Bar at their website
(http://www.abanet.org/legaled ) to obtain a list of ABA approved
law schools.
"In the United States" - Section 520.6 specifically
requires the "program of study" to be completed in the United
States. The Board has no authority to substitute a program of study
completed at a foreign law school even if that program is affiliated
with or administered by an ABA approved law school. Distance study,
correspondence study, external study, and on-line programs are not
acceptable.
