Bar Exam Eligibility
Methods of Qualifying for New York Bar Examination
Juris Doctor Graduates of ABA Approved Law Schools
Approved Law Schools
Overview of Requirements
Correspondence Study, Self-Study, On-Line Law Degrees
Law Office Study/Clerkship
Unapproved Law School
Foreign Law School Study
METHODS OF QUALIFYING FOR NEW YORK BAR
EXAMINATION
Section 520 of the Rules of the Court of Appeals for the Admission
of Attorneys and Counselors at Law provides four routes for an
applicant to qualify to take the New York bar examination, all of
which require at least some form of classroom study in a law school.
1. ABA Approved Law School Study (JD graduates) -
Applicant attended and was graduated with a first degree in law from
a law school or law schools in the United States which at all times
during the period of applicant's attendance was or were approved by
the American Bar Association (ABA). (Section 520.3 of the Rules of
the Court of Appeals)
List of ABA Approved Law Schools
2. Law Office Study/Clerkship - A combination of
law school study at an ABA approved law school and law office study
(520.4 of the Rules of the Court of Appeals).
3. Unapproved Law School Study - Graduation from an
unapproved law school in the United States with a Juris Doctor
degree and practice in a jurisdiction where the applicant has been
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 – Successful completion
of a program of study at a law school outside of the United States
that is both durationally and substantively equivalent to a program
of study at an approved law school in the United States, and if
required, successful completion of an additional program of study at
an approved law school in the United States. (Section
520.6 of the
Rules of the Court of Appeals) (See also, "Foreign Legal Education"
section of this website)
5. Pro Bono Scholars Program – Students in their
final year of their Juris Doctor degree program at an ABA approved
law school may qualify to sit for the February bar examination in
return for devoting their last semester of study to performing pro
bono legal services through an approved program. Interested students
should consult Section 520.17 of the Rules of the Court of Appeals.
More detailed information is available at
http://www.nycourts.gov/ATTORNEYS/probonoscholars/index.shtml.
Applicants are strongly encouraged to carefully review the
eligibility requirements in Section
520 of the Rules of the Court of
Appeals for the Admission of Attorneys and Counselors at Law before
applying to sit for the bar examination. It is the responsibility of
each applicant to be aware of the eligibility requirements and to
demonstrate their compliance with the requirements of the Court
Rules.
JURIS DOCTOR GRADUATES OF ABA APPROVED LAW
SCHOOLS
Prospective applicants for the New York bar examination who are pursuing a Juris Doctor degree at a law school approved by the American Bar Association (ABA) are required to comply with the educational eligibility requirements in Section 520.3 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law. While graduation from an ABA-accredited law school with a Juris Doctor degree will typically qualify an applicant for the New York Bar Examination, applicants should be aware that Court Rule 520.3 has limits on distance education that are more restrictive than the ABA Standards.
Approved Law Schools.
The law school which the applicant attended must have been approved by the ABA during all periods of the applicant’s attendance and must be located in the United States or its territories. Provisional ABA approval is acceptable provided that the law school had provisional status during all periods of the applicant’s attendance. If the law school did not have ABA approval during all periods of the applicant’s attendance, it will be necessary for the applicant to petition the Court of Appeals under Section 520.14 of the Rules of the Court of Appeals, for a waiver of strict compliance with the provisions of Section 520.3 of the Court Rules. Applicants who will need to petition the Court of Appeals for a waiver should do so as early as possible and preferably no later than 60 days prior to the date of the bar examination.
Overview of Instructional, Credit Hour and Course of
Study Requirements (Applicants should read Rule 520.3 in
its entirety for all requirements):
- At least 83 credits hours must be required for graduation.
- At least 64 of the 83 credit hours must be earned in
classroom study.
- At least 2 credit hours must be earned in a course in
professional responsibility.
- No more than 15 credit hours of distance education courses may be counted toward graduation and classroom credit hours.
- 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.
- Remote participation in a non-distance education course by a student as an accommodation under the Americans with Disabalities Act or any other law requiring accommodation will not cause the course to count toward the distance education credit limit in this section for the accommodated student. The law school must document all instances in which it permits a student's remote participation in a non-distance education course for which credits will not be counted toward distance education credit limits in this section.
- No more than one-third of total credits required for graduation may come from study in a foreign country.
Waiver Petition. The Board has no authority to waive any of the requirements of the Rules, such power being vested solely in the Court itself. In the event that you choose to petition the Court of Appeals under Section 520.14 for a waiver of strict compliance with Section 520.3 and for a Court Order admitting you to the examination, your verified petition should be filed with the Court of Appeals. For information on the process for submitting a petition to the Court of Appeals you should visit the Court’s website at https://courtpass.nycourts.gov/petitionuploads.
Applicants who have not satisfied the two-credit Professional Responsibility course requirement may, in lieu of petitioning the Court of Appeals for a waiver take a two-credit professional responsibility course on a non-degree basis at an ABA approved law school in the United States, either in a classroom course or via distance education (provided that the student has not already exceeded the 15 credit limit of distance education credits).
Proof of Compliance Required for Graduates of ABA Approved Law
Schools. Applicants qualifying to sit for the bar examination under Section 520.3 must file with the Board a completed Certificate of Law School Attendance Form no later than January 15 for the February exam and no later than June 15 for the July exam. The Board of Law Examiners will electronically send the Law School Certificate of Attendance Form directly to your law school to certify and return to the Board.
CORRESPONDENCE STUDY, SELF-STUDY, ON-LINE
LAW DEGREES
With the exception of the distance education provision in Court Rule 520.3(c) law degrees obtained by distance education, correspondence, external study, internet or
self-study do not qualify an individual to take the New York bar
examination.
LAW OFFICE STUDY/CLERKSHIP
New York is one of only a few jurisdictions that permits an
applicant to qualify to take the bar examination on the basis of
some law school study combined with law office study or clerkship.
Section 520.4 of the Rules of the Court of Appeals sets forth the
eligibility requirements for law office study. Interested applicants
are urged to carefully review the requirements of Section
520.4 To
qualify to take the bar examination on the basis of law office study
under Section 520.4, the applicant must demonstrate:
- that applicant commenced the study of law after applicant's 18th birthday; and
- the applicant successfully completed the prescribed requirements of the first year of full-time study in a first degree in law program at an ABA approved law school, whether attending full-time or part-time, earning a minimum of 28 credit hours (the threshold period);
- that 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.
After carefully reviewing rule, the applicant should submit a written request for an evaluation of eligibility to the Board office. In addition to making this written request, an applicant must have his or her law school or schools submit the following directly to the board:
- an original and official transcript; and
- a written statement from an authorized official which includes verification that the applicant was in good standing, not on academic probation and was eligible to continue in its degree program at the conclusion of the threshold period and also at the conclusion of all subsequent semesters.
Upon receipt of the request for an evaluation together with the
required supporting documentation, the Board will determine whether
the applicant meets the threshold criteria under Section
520.4 and
issue a written determination in due course.
If an applicant meets
the threshold criteria, the Board will then determine how much
credit toward the four year requirement the applicant should receive
for their law school study, and notify the applicant how many weeks
of law office study must be completed before the applicant may apply
for the bar examination. Next, the applicant must obtain a position
as a law clerk/student in a law office, and have the attorney with
whom he or she is working complete and file a Certificate of
Commencement of Law Office Study with the Court of Appeals.
The Court's Address:
Clerk
Court of Appeals
20 Eagle Street
Albany, NY 12207
Please note: NO credit is
given for any law office work that was engaged in PRIOR to the
applicant's completion of the threshold period at law school OR the
filing of the Certificate of Commencement.
The applicant must study law in the law office for a period of four years under the supervision of an attorney who is admitted to practice law in New York . (Credit toward this four year requirement is given for successfully completed semesters in an ABA approved law school.) Once the required period of law office study is completed, the applicant is eligible to apply for the New York State bar examination. When applying for the bar examination, the applicant and the attorney or attorneys responsible for the law office study both must complete affidavits.
UNAPPROVED LAW SCHOOL STUDY
Graduates of non-ABA Approved law schools located in the United
States who have also actively practiced law in a U.S. jurisdiction
for 5 of the 7 years preceding application to the New York bar
examination may qualify to sit for the bar examination under Section
520.5 of the Rules of the Court of Appeals. Rule
520.5 sets forth
the following requirements which must be met by graduates of non-ABA
approved law schools seeking to take the New York bar examination:
(1) applicant 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
(2) the applicant 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; and
(3) the applicant's course of study complies with the instructional
and program requirement of section
520.3(c) through (e) of the Rules
of the Court of Appeals; and
(4) that while admitted to the bar in the highest court in any other
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.
Proof of compliance required for Graduates of non-ABA Approved law schools. Applicants qualifying to sit for the bar examination under Section 520.5 must file the following proof in the Board office no later than January 15 for the February exam and no later than June 15 for the July exam:
(a) Your law school must file the Law School Certificate of Attendance form, a copy of which will be emailed to you after you apply for the exam;
(b) Proof of admission to practice in another jurisdiction or jurisdictions in the form of a Certificate of Good Standing;
(c) An affidavit from the applicant setting forth the periods and places of law practice including the dates and names of employers;
(d) Affidavits from supervising attorneys, partners, judges, confirming proof of practice for five of the seven years preceding application to the New York bar exam;
(e) Your completed handwriting sample certified by an authorized official at your law school or by a Notary Public.
FOREIGN LAW SCHOOL STUDY
Section 520.6
of the Rules of the Court of Appeals for the Admission of Attorneys
and Counselors at Law 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. For more
detailed information concerning the eligibility requirements for
foreign educated attorneys, individuals should carefully review Rule
520.6 and the information located in the
Foreign Legal Education
section of this website
