Bar Examination Information Session for Incoming International LL.M. Students Fall 2018
Each state has its own bar. Only some let non-u.s. J.D. holders sit for bar. Focus on New York. LL.M. program is not intended to meet the requirements to sit for the California or D.C. or any other Bar Examination and our course offerings may not satisfy their academic requirements. You are responsible for ensuring that you meet the requirements for any bar that you choose to sit for.
New York bar examination consists of the Uniform Bar Examination (UBE) UBE: a battery of tests that are administered contemporaneously in every other jurisdiction that has adopted the UBE. Results in a score that can be transferred to other UBE jurisdictions
Components of the UBE MBE = Multistate Bar Examination MPT = Multistate Performance Test MEE = Multistate Essay Examination
ADDITIONAL REQUIREMENTS FOR ADMISSION: 1. New York Law Course (NYLC) an online course in NY specific law 2. New York Law Exam (NYLE) online examination 3. Multistate Professional Responsibility Examination (MPRE) 4. 50-hour pro bono service requirement MORE ON THIS LATER.
When is the Bar Exam Administered? The UBE is held each year on the last Tuesday and Wednesday of February and July NYLC - online, on demand NYLE - four times a year; dates and times found on the Board s website (March, June, September, December) MPRE three times each year in March, August and November
Who Can Sit for the New York Bar Exam?
Rule 520.6(b)(1) Foreign Trained Attorneys - in a nutshell 1. Qualifying Degree: You must have fulfilled the educational requirements for admission to the practice of law in a country other than the US; and 2. Accreditation: The qualifying degree must be from a law school or schools recognized by a competent accrediting agency of the government of the foreign country and must be deemed qualified and approved; and 3. Durational Equivalence: The program of study must be substantially equivalent in duration to a US JD; OR 4. Substantive Equivalence: The country is one whose jurisprudence is based on English common law and is similar in substance to a US JD.
Rule 520.6(b)(1) Durational/Substantive Equivalence If your first law degree is either durationally equivalent or substantively equivalent to a US law degree, you can cure the deficiency by earning an LLM degree. If your degree is neither durationally nor substantively equivalent to US law degree, you cannot cure the deficiency via LLM. Durational Equivalence: JD is minimum of 83 credits. 3 years of full-time law study. No other disciplines! The vast majority of our LLM students qualify through durational equivalence. Substantive Equivalence: If you come from a civil law country, your degree is not substantively equivalent.
Cure Provision There are two different provisions to contend with: 520.6 of the Rules of Court of Appeals (Study of Law in a Foreign Country): 520.18 of the Rules of the Court of Appeals (Skills Competency Requirement for Admission) 520.6 of the Rules of Court of Appeals (Study of Law in a Foreign Country): At least 24 credits total Independent studies do not count toward 24. Introduction to the U.S. Legal Profession (2 credits) or 3 credit version. Legal Writing and Research for LL.M. Students (2 credits) Introduction to the U.S. Legal System and Process (3 credits) At least 6 credits in subjects tested on the NY bar exam ( Content Outline courses) -- must be exactly the same course title
Cure Provision B. 520.18 of the Rules of the Court of Appeals (Skills Competency Requirement for Admission) Two pathways for LLM students to follow: Pathway 1 or Pathway 5 Applies to all LLM students who began studies in fall 2018 or later Pathway 1 Quantitative Methods for Graduate Students (1 credit). Fundamental Lawyering Skills for LL.M. Students (3 credits) 2 credits of experiential coursework. Pathway 5 : Student has at least one year of full-time practice experience Or two years of part-time practice experience
Advance Evaluation of Eligibility Foreign Evaluation Will only focus on the suitability of your FIRST LAW DEGREE under Rule 520.6 (not 520.18) All documentation must be received by BOLE at least six months before the filing period for the exam you intend to sit for: July exam October 1. February exam May 1. We recommend that you do this ASAP!
Advance Evaluation of Eligibility Foreign Evaluation Form If you do not submit your documentation early, you run the risk of not being allowed to sit for the exam. Read all directions carefully. Read and respond to the submission receipt and all subsequent communication carefully.
Advance Evaluation of Eligibility Foreign Evaluation Form http://www.nybarexam.org Click on Foreign Legal Education
Advance Evaluation of Eligibility Required Documentation Official Transcripts: Must come directly from the school. Some schools will not mail transcripts to BOLE. You should call BOLE to ask if you can submit transcripts yourself. BOLE is hard to get on the phone but you should keep calling. Degree Certificate: Required if your official transcript does not state the degree awarded and/or the date the degree was awarded. Accreditation: Proof that your law school is accredited by your government. BOLE is maintains a list of accredited schools. When you submit your online form, you will select your school from a drop down menu. In your confirmation email, BOLE will advise whether you need to provide proof of accreditation.
Advance Evaluation of Eligibility Required Documentation Proof of Fulfillment of the Educational Requirements for Admission to the Practice of Law in the Foreign Country: If admitted to practice copy of your admission certificate. If not admitted letter from the bar authorities stating that you meet the qualifications to seek admission. BOLE maintains a list of countries in which the law degree suffices for the practice of law (many Latin American countries, for instance). If you are from one of these countries, a letter of explanation may be sufficient; additional documentation helpful (e.g., a copy of the statute). Official Translations. If any of your documents are not in English, you must also provide official translations. Get extra copy for translation.
Tracking Your Application You get your BOLE ID number when you register. Include your BOLE ID on all correspondence. Make a checklist and keep track of submission receipts for all required documents. Be sure you have submission receipts for all documents and have submitted your Online Foreign Evaluation. If you send something and you do not receive a submission receipt, contact BOLE to confirm receipt.
Tips, What to Expect If your name has changed since you were in law school, you need to submit proof, e.g., marriage license, court order. BOLE will communicate with you via email. Check email frequently. Expect a long delay in review. Can call BOLE to check status. Have your BOLE number handy whenever you call. Use a local address for correspondence with the BOLE. Only BOLE/Court of Appeals can answer questions/waive requirements.
More About NY Bar Exam Components MPRE NYLE NYLC
MPRE Two-hour, 60-question multiple-choice examination that is administered three times per year. measure understanding of established standards related to the professional conduct of lawyers. It is administered three times each year in March, August and November You must pass the MPRE within three years of passing the UBE (either before or after)
NYLE: 50 item, two hour, open book, multiple choice test administered online and tests important New York rules. The NYLE is offered four times a year and the dates and times of each administration of the NYLE may be found on the Board s website. You must apply 30 days in advance of the exam administration you choose to take You must complete the NYLE up to one year prior to or three years after passing the UBE.
NYLE: Open book test - will have two hours to complete it An applicant who fails the NYLE will be required to retake both the NYLC and the NYLE All of the material tested on the NYLE will be found in the Course Materials for the NYLC and NYLE.
NYLC: An online, on demand course which reviews important and unique aspects of New York law. Topics: Administrative Law, Business Relationships, Civil Practice and Procedure, Conflict of Laws, Contracts, Criminal Law and Procedure, Evidence, Matrimonial and Family Law, Professional Responsibility, Real Property, Torts and Tort Damages, and Trusts, Wills and Estates.
NYLC: Consists of 15 hours of recorded lectures with embedded questions which must be answered correctly before an applicant can continue viewing the lecture. You must complete the NYLC up to one year prior to, or three years after, passing the UBE. You must complete NYLC before applying for the NYLE.
How to Register for Various Components of NY Bar Exam
How to Register for the Uniform Bar Examination (UBE) Create a National Conference of Bar Examiners (NCBE) Account: http://www.ncbex.org/ Have your BOLE ID ready Submit Online Application to BOLE Found at bottom of BOLE homepage, www.nybarexam.org/ Application Periods: For February Exam: November 1-30 For July Exam: April 1-30 Late applications not accepted
Registering for MPRE Register through NCBE account. Registration deadline is about two months before the exam date. May be taken after the UBE.
Registering for NYLC and NYLE NYLC must be completed before you can register for NYLE. Register one month in advance through BOLE.
50-Hour Pro Bono Requirement: Every applicant admitted to the New York State bar shall complete at least 50 hours of qualifying pro bono service prior to filing an application for admission with the appropriate Appellate Division department of the Supreme Court. Rationale/Purpose: Provide additional legal resources to low-income New Yorkers Address the state's urgent access to justice gap Helps prospective attorneys build skills Embrace the core values of our profession
Timing/Location of Pro Bono Service Can be performed up to one year prior to beginning your LL.M. program. Must be performed prior to applying for admission. You apply for admission after you pass the bar exam. Can be done here or internationally.
What Kind of Work Qualifies? Definition: supervised law-related work that: (1) Is offered without charge for (i) persons of limited means; (ii) not-for-profit organizations; or (iii) organizations seeking to secure access to justice (ex: civil rights); OR (2) Is legal assistance for a judicial, legislative, executive or other governmental entity. Cannot satisfy any part of the 50-hour requirement by participating in partisan political activities.
Law school-sponsored clinics that provide legal assistance to those who cannot afford representation can qualify Examples - clinics that: Assist individuals or families in matters involving the essentials of life -- housing, access to health care or educational services or the receipt of social services or other government assistance Represent the victims of domestic violence or elder abuse Represent persons with mental illness or disabilities Assist low-income persons with the preparation of tax returns if legal issues are involved; Represent incarcerated persons or pursue prisoner rights litigation Advocate for victims of alleged human rights violations or the protection of civil liberties
Externships can also count What Kind of Work Qualifies? Externships or internship placements with: Not-for-profit provider of legal services for the poor and low-income individuals; Law firm, only if the work is performed for a pro bono matter being handled by that firm and the pro bono client is not paying a fee Not-for-profit organization, only if the work is related to a legal matter for which no fee is being paid Judge or a court system Legal Aid, a civil or criminal legal services organization that serves low-income clients, a Public Defender, a Conflict Defender, a U.S. Attorney, a District Attorney or a State Attorney General Federal, state or local government agency or a legislative body.
Supervision Requirement: Work must be performed under supervision of: (1) law school faculty; (2) an attorney admitted to practice; or (3) judge or attorney employed by the court system (externship)
Documentation: File Affidavit of Compliance with the appropriate Appellate Division department an Affidavit of Compliance with the Pro Bono Requirement, describing the nature and dates of pro bono service and the number of hours completed. Must include a certification by the supervising attorney or judge confirming the applicant's pro bono activities. For each position used to satisfy the 50-hour requirement, the applicant shall file a separate Affidavit of Compliance.
We strongly encourage all students coming from abroad to reach out to public interest organizations engaged in legal work in their home countries to establish a relationship that will allow students to fulfill this requirement in due course (during school breaks, or following the bar exam). We believe that such contacts and relationships will provide the most abundant opportunities for LL.M. students to fulfill this requirement.
Transfer of UBE Score Earned in Another UBE Jurisdiction Applicants seeking to transfer a score to NY are required to satisfy eligibility requirements for admission as set forth in sections 520.3, 520.4, 520.5, 520.6 or 520.17 of Rules of Court of Appeals Must take all sections of UBE concurrently in the same jurisdiction in order to earn a UBE score that may then be transferred Must satisfy the 50-hour Pro Bono Requirement
Preparing for the Bar Exam
Bar Exam Preparation Law school courses generally do not prepare you for bar. Content Outline courses will introduce you to subjects tested on the bar exam, especially: Perspectives in U.S. Law (Spring, 4 Credits) Do not try to turn your LL.M. program into a bar preparation course.
Bar Exam Preparation Commercial Bar Preparation Courses: Everyone takes one. Companies set up tables in the law school to distribute information to students. Talk to former students about which course they like. Typically begin at end of LL.M. studies.
Bar Exam Preparation Commercial Bar Preparation Courses: Everyone takes one. Companies set up tables in the law school to distribute information to students. Talk to former students about which course they like. Typically begin at end of LL.M. studies.
Questions?