ARCHIVED RULES (prior to April 1, 2012)
Section
520 of the Rules of the Court of Appeals for the Admission of Attorneys and
Counselors at Law (amended, effective March 29, 2000)
§ 520.3 Study of Law in Law School (prior to December 9, 2014)
(a) General. An applicant may qualify to take the New York State bar
examination by submitting to the New York State Board of Law
Examiners satisfactory proof that:
(1) the applicant attended and was graduated with a first degree in
law from an approved law school; or
(2) the applicant attended and successfully completed the prescribed
course of instruction required for a first degree in law at an
approved law school, but has not been awarded the degree as of the
date proof of eligibility to sit for the bar examination is required
to be filed with the State Board of Law Examiners. The State Board
of Law Examiners shall not certify the applicant for admission to
the bar pursuant to section 520.7(a) of this Part until the
applicant has presented satisfactory proof that the applicant has
been awarded a first degree in law.
(3) the applicant satisfies the requirements of section
520.17 of this Part.
(b) Approved law school defined. For purposes of these rules, an
approved law school is one:
(1) that is approved by the American Bar Association at all times
during the period of the applicant’s attendance;
(2) that is located in the United States or its territories; and
(3) whose program and course of study meet the requirements of this
section, as shown by the law school's bulletin or catalogue, which
shall be filed annually with the Clerk of the Court of Appeals and
the State Board of Law Examiners, or the publicly available pages of
the law school’s website, which shall adequately describe each
course offered and completely set forth the law school’s academic
calendar and graduation requirements.
(c) Instructional requirements.
(1) The law school shall require for its first degree in law the
successful completion of a program that prepares its students for
admission to the bar and effective, ethical and responsible
participation in the legal profession, and meets each of the
following requirements:
(i) a minimum of 83 credit hours must be required for graduation,
including substantial instruction in substantive and procedural law
and professional skills;
(ii) a minimum of 64 of the required 83 credit hours must be earned
by attendance in regularly scheduled classroom courses at the law
school; and
(iii) a minimum of two credit hours must be earned in a course or
courses in professional responsibility.
(2) Clinical courses. Credit may be granted toward the 83 credit
hours required for graduation for law school clinical courses. Such
credit may be counted toward the 64 classroom credit hours required
by paragraph (1)(ii) of this subdivision, provided:
(i) the course includes adequate classroom meetings or seminars
during the same semester in which the clinical work is completed in
order to ensure contemporaneous discussion, review and evaluation of
the clinical experience;
(ii) the clinical work is conducted under the direct supervision of
a member of the law school faculty; and
(iii) the time and effort required and anticipated educational
benefit are commensurate with the credit awarded.
(3) Field placement programs or externships. Credit may be granted
toward the 83 credit hours required for graduation for field
placement programs or externships but such credit may not be counted
toward the 64 classroom hours required by paragraph (1)(ii) of this
subdivision, except that credit separately awarded for the classroom
instructional component of a field placement program or externship
taught by a member of the law school faculty may be counted toward
the 64 classroom credit hour requirement.
(4) The total number of credit hours granted for law school clinical
courses, field placement programs and externships, including
classroom components, may not exceed 30 of the 83 credit hours
required for graduation.
(5) Joint degree or other courses taught outside the law school. The
law school may grant credit for up to 12 of the 83 credit hours
required for graduation for courses taught by members of the faculty
of any university or college with which the law school is affiliated
or offers a joint degree program, or with which the law school has
an agreement which allows courses to be taken at such university or
college for credit at the law school. Credit granted for such
courses may not be counted toward the 64 classroom credit hours
required by paragraph (1)(ii) of this subdivision.
(6) Distance education. Distance education is an educational process
in which more than one-third of the course instruction is
characterized by the separation, in time or place, or both, between
instructor and student, and technology is used to deliver
instruction.
(i) Up to 12 credit hours for distance education courses may be
counted toward both the 83 credit hours required for graduation and
the 64 classroom credit hours required by paragraph (1)(ii) of this
subdivision, provided that:
(a) the study is offered in a primarily synchronous manner, such
that students and the instructor simultaneously interact in a
regularly scheduled class, albeit from separate locations, by means
of on-line web-conferencing, video-conferencing, or other means, so
as to provide students opportunities to interact with instructors
and other students that are comparable to opportunities for such
interaction in non-distance learning settings; and
(b) there is regular monitoring of student effort and accomplishment
as the course progresses.
(ii) No credit shall be allowed for correspondence courses.
(iii) No credit shall be allowed for distance education courses
offered principally by asynchronous means, where students and the
instructor are separated in time as well as in place, including
pre-recorded, non-interactive technologies, such as on-line courses,
internet videos, videocassettes or discs.
(iv) No credit shall be allowed for distance education courses until
the student has completed the equivalent of 28 credit hours toward
the first degree in law, and no more than four credit hours shall be
allowed for such courses in any semester of study.
(7) The law school certificate of attendance filed with the State
Board of Law Examiners must list separately the credit awarded for:
(i) clinical courses under paragraph (2) of this subdivision;
(ii) field placement programs and externships under paragraph (3) of
this subdivision and, if credit is separately awarded for a
classroom instructional component of such a program taught by a
member of the law school faculty, such credit shall be separately
listed;
(iii) joint degree or other courses taught outside the law school
under paragraph (5) of this subdivision; and
(iv) distance education courses under paragraph (6) of this
subdivision.
(d) Course of study and academic calendar. An approved law school
shall meet the following academic schedule and credit hour
requirements:
(1) the law school's academic year must consist of no fewer than 130
days on which classes are regularly scheduled, during no fewer than
eight calendar months;
(2) a minimum of 700 minutes of instruction time, exclusive of
examination time, must be required for the granting of one credit
hour;
(3) an approved law school on an academic calendar other than a
conventional two-semester schedule must require a course of study
consistent with the credit hour, class days and minutes of
instruction required in this Rule;
(4) an approved law school shall require that the program and course
of study leading to a first degree in law be completed no earlier
than 24 months and no later than 60 months after a student has
commenced law study at the law school or a law school from which the
school has accepted transfer credit; and
(5) an approved law school shall not permit a student to be enrolled
at any time in coursework that, if successfully completed, would
exceed 20 percent of the total coursework required by that law
school for graduation (or a proportionate number for law schools on
other academic schedules).
(e) Credit for law study in foreign country. An approved law school
may, in its discretion, grant such credit as it may deem appropriate
toward the total credits required for a first degree in law, but not
exceeding one-third of the total credits required for the degree, to
an applicant who has studied law in a law school in a foreign
country.
520.3 Study of Law in Law School (prior to April 1, 2012)
(a) (1) General. Except as
otherwise provided in paragraph (2) of this subdivision, an
applicant may qualify to take the New York State bar examination by
submitting to the New York State Board of Law Examiners satisfactory
proof that applicant attended and was graduated with a first
degree in law from a law school or law schools which at all times
during the period of applicant's attendance was or were approved.
(2) An applicant may qualify to take the New York State bar
examination by submitting to the New York State Board of Law
Examiners satisfactory proof that applicant attended and
successfully completed the prescribed course of instruction required
for a first degree in law, but the State Board of Law Examiners
shall not certify the applicant for admission to the bar pursuant to
section 520.7(a) of this Part until the applicant has presented a
certificate showing that the applicant has been awarded a first
degree in law.
(b) Approved Law School Defined. An approved law school for purposes
of these rules is one:
(1) whose program and course of study meet the requirements of this
section, as shown by the law school's bulletin or catalogue, which
shall be filed annually with the Clerk of the Court of Appeals; and
(2) which is approved by the American Bar Association.
(c) Instructional Requirement. (1) An approved law school shall
require for its first degree in law the successful completion of
either a full-time or a part-time program which consists of:
(i) a minimum of 80 semester hours of credit, including at least 60
semester hours in professional law subjects. A maximum of 20 of the
required 80 semester hours may be courses related to legal training
or clinical courses as provided in sections (2) and (5) of this
subdivision; and
(ii) at least 1,120 hours of classroom study, exclusive of
examination time.
(2) Other courses related to legal training taught by members of the
faculty of said law school or university, or taught by members of
the faculty of any university or college with which the law school
offers a joint degree program, may, in the discretion of the law
school, be substituted for professional law subjects to the extent
of no more than 10 of the required 80 semester hours.
(3) No credit shall be allowed for correspondence courses.
(4) All study shall be evaluated by authentic written examination,
except where such examination is inappropriate, such as in seminar
and practice court courses or courses which are principally
concerned with legal writing and research.
(5) Clinical and like courses may, in the discretion of the law
school, be substituted for classroom periods to the extent of no
more than 20 of the required 80 semester hours, where:
(i) a description of the course has been filed with the Clerk of the
Court of Appeals, either separately or in the law school's annual
catalogue or bulletin;
(ii) the course is under the direct and immediate supervision of a
member or members of the faculty;
(iii) the course includes adequate classroom meetings or seminars
during the same semester in which the clinical work is completed in
order to insure contemporaneous, discussion review and evaluation of
the clinical experience; and
(iv) the law school certificate of attendance filed with the New
York State Board of Law Examiners lists separately the credit
allowed for clinical courses or other non classroom study.
(d) Full-Time Program Defined. A Full-Time Program shall consist of
at least 75 and no more than 105 calendar weeks in residence,
including reading periods not to exceed one week per semester and
examinations, of at least 10 classroom periods per week, scheduled
principally between the hours of 8 a.m. and 6 p.m., totaling not
less than the equivalent of 1,120 hours of classroom study,
exclusive of examination time. A calendar week shall include four
days of scheduled classes; however, no more than three three-day
weeks per semester may be counted toward the 75-week minimum. A
semester which includes successful completion of at least 10 credit
hours per week of study shall be counted as 15 full-time weeks in
residence toward the residency weeks requirement of this
subdivision. As allowed under subdivision (h) of this section, a
summer session which includes successful completion of at least 5
credit hours per week of study shall be counted as 7.5 full-time
calendar weeks in residence toward the residency weeks requirement
of this subdivision.
(e) Part-time program defined. A part-time program shall consist of
at least 105 and no more than 135 calendar weeks in residence,
including reading periods not to exceed one week per semester and
examinations, of at least eight classroom periods per week,
irrespective of the hours at which the classroom periods are
scheduled, totaling not less than the equivalent of 1,120 hours of
classroom study, exclusive of examination time. A calendar week
shall include three days of scheduled classes; however, no more than
three two-day weeks per semester may be counted toward the 105-week
minimum. A semester which includes successful completion of at least
8 credit hours per week of study shall be counted as 15 part-time
weeks in residence toward the residency weeks requirement of this
subdivision. As allowed under subdivision (h) of this section, a
summer session which includes successful completion of at least 4
credit hours per week of study shall be counted as 7.5 part-time
calendar weeks in residence toward the residency weeks requirement
of this subdivision.
(f) Successful Completion Defined. Complete credit for an academic
year, semester, quarter or summer session in an approved law school
in which one or more courses have been failed shall not be given
until the passing grades in the courses failed have been earned, or
substitute courses successfully completed, or unless the failures
are compensated for by a sufficiently high average for the same
academic year, semester, quarter or summer session under acceptable
regulations established by the law school in which the applicant is
matriculated.
(g) Transfer from One Law School Program to
Another. A student may
transfer from a full-time to a part-time program, or from a
part-time to a full-time program, at the end of any semester,
quarter or other complete academic session. In computing residence
credit:
(1) each week of a full-time program shall be deemed equal to one
and one-third weeks of a part-time program; and
(2) each week of a part-time program shall be deemed equal to
three-fourths of a week of a full time program.
(h) Summer
Session. Credit may be given for successful completion of
courses taken in summer session only if such session is approved by
the dean of the law school in which the applicant is matriculated.
(i) Credit for Law Study in Foreign Country. An approved law
school may, in its discretion, allow such credit as it may determine
toward the total credits required for a first degree in law to an
applicant who studied law in a law school in a foreign country.
520.4 Study of Law in Law Office
(prior to April 1, 2012)
(a) General. An applicant may qualify to take the New York State bar
examination by submitting to the New York State Board of Law
Examiners satisfactory proof:
(1) that applicant commenced the study of law after applicant's 18th
birthday; and
(2) that applicant successfully completed at least one academic year
as a matriculated student in a full-time program or the equivalent
in a part-time program at an approved law school and at the
conclusion thereof was eligible to continue in that school's degree
program; and
(3) that the applicant thereafter studied 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
such a period of time as, together with the credit allowed pursuant
to this section for attendance in an approved law school, shall
aggregate four years.
(b) Employment and Instruction Requirements. An applicant studying
law in a law office or offices within New York State must be
actually and continuously employed during the required period as a
regular law clerk and student in a law office, under the direction
and subject to the supervision of one or more attorneys admitted to
practice law in New York State, and must be actually engaged in the
practical work of such law office during normal business hours. In
addition, the applicant must receive instruction from said attorney
or attorneys in those subjects which are customarily taught in
approved law schools.
(c) Credit for Attendance in Approved Law School. Credit shall be
allowed for attendance in an approved law school as follows:
(1) credit of one full year or 52 weeks shall be allowed for any
successfully completed year of a full-time law school program;
(2) credit of three quarters of a year or 39 weeks shall be allowed
for any successfully completed year of a part-time law school
program;
(3) proportionate credit shall be allowed for any successfully
completed semester, quarter or summer session in such a full-time or
part-time law school program;
(4) for any period of law school study not successfully completed,
credit may be allowed for attendance as determined by the New York
State Board of Law Examiners based on an evaluation of performance
in the individual case.
(d) Vacations. Vacations taken by the applicant in excess of one
month in any year of study shall be deducted from the period of law
office study for which credit shall be given, but failure by the
applicant to take a vacation shall not decrease the period of study
required by this section.
(e) Certificate of Commencement of Law Office Study. It shall be the
duty of the attorney or attorneys with whom a period of law office
study is about to be commenced to obtain from, complete and file
with, the Clerk of the Court of Appeals a certificate of
commencement of clerkship, Appendix B-2, infra. At the time the
certificate of commencement of clerkship is filed, the applicant
shall provide the Court of Appeals with a copy of the determination
of the New York State Board of Law Examiners of the credit to which
the applicant is entitled under subdivision (c) of this section.
(f) Credit for Law Study in Law Office. Credit shall be given only
for study in a law office or offices completed subsequent to the
filing of the certificate required by subdivision (e) of this
section.
(g) Proof Required. Compliance with the requirements of this section
shall be proved to the satisfaction of the New York State Board of
Law Examiners.
520.5 Study of Law in Law School and Actual
Practice
(prior to April 1, 2012)
(a) General.
An applicant who has studied law in any law school in any other
state or territory of the United States or in the District of
Columbia, other than a law school which grants credit for
correspondence courses, and has received a degree from such law
school which qualifies such applicant to practice law in such state,
territory or in the District of Columbia, may qualify to take the
New York State bar examination by submitting to the New York State
Board of Law Examiners satisfactory proof:
(1) that applicant possesses the legal education required by this
section;
(2) that applicant's course of study complies with the instructional
and program requirements of section 520.3(c) through (i) of this
Part; and
(3) that while admitted to the bar in the highest court in any
state or territory of the United States or in the District of
Columbia, applicant has actually practiced therein for at least five
years of the seven years immediately preceding the application to
sit for the bar examination.
(b) Proof Required. The applicant shall submit to the New York State
Board of Law Examiners such proof of compliance with the provisions
of this section as the board may require.
520.6 Study of Law in Foreign Country; Required
Legal Education
(prior to April 1, 2012)
(a) General. An applicant who has studied in a foreign country may
qualify to take the New York State bar examination by submitting to
the New York State Board of Law Examiners satisfactory proof of the
legal education required by this section.
(b) Legal Education.
(1) The applicant shall show fulfillment of the educational
requirements for admission to the practice of law in a country other
than the United States by successful completion of a period of law
study at least substantially equivalent in duration to that required
under section 520.3(d) and (e) of this Part, in a law school or
schools each of which, throughout the period of applicant's study
therein, was recognized by the competent accrediting agency of the
government of such other country, or of a political subdivision
thereof, as qualified and approved; and
(i) that such other country is one whose jurisprudence is based upon
the principles of English Common Law, and 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; or
(ii) if applicant does not meet the durational equivalency
requirements of this paragraph but has at least two years of
substantively equivalent education, or if applicant does not meet
the requirements of subparagraph (i) of this paragraph, applicant
may cure either the durational or substantive deficiency, but not
both, by satisfactory proof that applicant has graduated from a
full-time or part-time LL.M. (Master of Laws) degree program at an
approved law school in the United States meeting the requirements of
subdivision (b)(3) of this section; or
(2) The applicant shall show admission to practice law in a country
other than the United States whose jurisprudence is based upon
principles of English Common Law, where admission was based upon a
program of study in a law school and/or law office recognized by the
competent accrediting agency of the government of such other country
and which is durationally equivalent yet substantively deficient
under subparagraph (1)(i) of this subdivision, and that such
applicant has successfully completed a full-time or part-time LL.M.
degree program at an approved law school in the United States
meeting the requirements of subdivision (b)(3) of this section.
(3) An LL.M. degree shall be satisfactory to qualify an applicant
otherwise meeting the requirements of subsections (b)(1)(ii) or
(b)(2) to take the New York State bar examination provided the
following requirements are met:
(i) the program shall consist of a minimum of 24 semester hours of
credit (or the equivalent thereof, if the law school is on an
academic schedule other than a conventional semester system) which,
except as otherwise permitted herein, shall be in classroom courses
at the law school in substantive and procedural law and professional
skills; and
(ii) a minimum of 700 minutes of instruction time, exclusive of
examination time, must be required for the granting of one semester
of credit; and
(iii) the program shall include a period of instruction consisting
of no fewer than two semesters of at least 13 calendar weeks each,
or the equivalent thereof, exclusive of reading periods,
examinations and breaks, and shall not be completed exclusively
during summer semesters, but a maximum of four semester hours of
credit may be earned in courses completed during summer semesters;
and
(iv) the program shall be completed within 24 months of
matriculation; and
(v) all coursework for the program shall be completed at the campus
of an approved law school in the United States, except as otherwise
expressly permitted by subdivision (b)(3)(vii); and
(vi) the program completed by applicant shall include:
(a) a minimum of two semester hours of credit in the history, goals,
instruction, value, rules and responsibilities of the United States
legal profession and its members; and
(b) a minimum of two semester hours of credit in legal research,
writing and analysis, which may not be satisfied by a research and
writing requirement in a substantive law course; and
(c) a minimum of two semester hours of credit in American legal
studies, the American legal system or a similar course designed to
introduce students to distinctive aspects and/or fundamental
principles of United States law, which may be satisfied by a course
in United States constitutional law or United States or state civil
procedure; credit earned in such course in excess of the required
two semester hours of credit may be applied in satisfaction of the
requirement of subdivision (b)(3)(vi)(d); and
(d) a minimum of six semester hours of credit in other courses in
subjects tested on the New York State bar examination, where a
principal focus of the courses includes material contained in the
Content Outline for the New York State bar examination published by
the New York State Board of Law Examiners.
(vii) The program completed by applicant may include:
(a) a maximum of four semester hours of credit in clinical courses,
provided (1) the clinical course includes a classroom instructional
component in order to insure contemporaneous discussion, review and
evaluation of the clinical experience; (2) the clinical work is done
under the direct supervision of a member of the law school faculty
or instructional staff whose primary professional employment is with
the law school; and (3) the time and effort required and anticipated
educational benefit are commensurate with the credit awarded; and
(b) a maximum of six semester hours of credit in other courses
related to legal training taught by members of the faculty of the
law school or of the university with which the law school is
affiliated, or taught by members of the faculty of any university or
college with which the law school offers a joint degree program,
provided such courses must be completed at the campus of such
university or college in the United States.
(viii) No credit shall be allowed for correspondence courses,
on-line courses, courses offered on DVD or other media, or other
distance learning courses.
(c) Proof required. The applicant shall submit to the New York State
Board of Law Examiners such proof of compliance with the provisions
of this section as the board may require.
(d) Effective date for implementation. The provisions of existing
Rule 520.6 shall continue to apply to those applicants applying to
take a bar examination prior to the July 2013 bar examination,
except that the requirements of subdivisions (b)(3)(iii), (v) and
(viii) are effective immediately. All other provisions of this
amended Rule shall first apply to programs commencing during the
2012-13 academic year and to applicants applying to take the July
2013 bar examination, subject to the saving clause of Rule 520.1(b).