Rules of the Court / BOLE
Section
520 of the Rules of the Court of Appeals for the Admission of Attorneys and
Counselors at Law (amended, effective March 29, 2000)
520.1 General.
(a) A person shall be admitted to practice law in the
courts of the State of New York only by an order of the Appellate
Division of the Supreme Court upon compliance with these rules.
(b) Saving clause. Those provisions of the rules of the Court of
Appeals for the admission of attorneys and counselors at law that
prescribe the qualifications for admission to the New York State bar
examination, which were in effect at the time an applicant for
admission commenced the study of law, to the extent that the
application thereof was or would have been less restrictive or
burdensome, shall determine the applicant's eligibility for
admission to such examination.
520.2 Admission upon examination.
(a) Proof required by the New York
State Board of Law Examiners. An applicant for admission to the New
York State bar examination shall furnish to the New York State Board
of Law Examiners, in accordance with its rules, proof satisfactory
to said board:
(1) that he is over 21 years of age;
(2) as to the date and place of his birth; and
(3) that applicant has complied with section 520.3, 520.4 or 520.5
of this Part.
520.3 Study of law in law school.
(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 the 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;
(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 a 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 has studied law in a law school in a foreign country.
520.4 Study of law in law office.
(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 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.
(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 applicants possesses the legal education required by this
section;
(2) that applicant's course of study complies with the instructional
and program requirement of section 520.3(c) through (i) of this
Part; and
(3) 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.
(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.
(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 subdivisions (d) and (e) of section 520.3 of this Part, in a
law school or schools each of which, throughout the period of the
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 the 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 subdivision (b)(1) of this section but has at least
two years of substantively equivalent education, or if applicant
does not meet the substantive equivalency requirements of
subdivision (b)(1)(i) of this section, that 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; or
(2) The applicant shall show admission to practice law in a country
other than the United States whose jurisprudence is based upon
principals 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 subdivision (b)(1)(i) of this section, and that such 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.
(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.
520.7 Certification by Board of Law Examiners.
(a) Except as
provided in section 520.10 of this Part, no applicant for admission
to practice in this State shall be admitted unless the New York
State Board of Law Examiners shall have certified to the Appellate
Division of the department in which, as shown by the papers filed by
the applicant with the board, the applicant resides, or if not a
resident of the State, in which such papers show that applicant is
employed full-time, or, if the applicant does not reside and is not
employed full-time in the State, to the Appellate Division of the
Third Department, that the applicant (1) has passed the written bar
examination prescribed in section 520.8 of this Part; and (2) has
also passed the Multistate Professional Responsibility Examination
described in section 520.9 of this Part.
(b) The requirement of this Part shall first be applicable to those
candidates for admission to practice law in New York who qualify for
and take the July 1982 regular New York State bar examination and to
all those who thereafter qualify for and take such examinations.
520.8 New York State bar examination.
(a) General. The New York
State Board of Law Examiners shall twice each year conduct a written
bar examination consisting of legal problems in both adjective and
substantive law, and it shall by rule prescribe a list of subjects
which will indicate the general scope of the bar examination. The
board may use the Multistate Bar Examination as part of the bar
examination.
(b) Uniformity of bar examinations. The bar examinations shall be as
nearly uniform from year to year as is reasonably practicable.
(c) Preservation of papers. Bar examination papers shall be
preserved for a period of four months from the date of the
announcement of the results of the bar examination, and may
thereafter be destroyed.
(d) Examination fee. Every applicant for a bar examination shall pay
to the New York State Board of Law Examiners the fee prescribed by
section 465 of the Judiciary Law.
520.9 Multistate Professional Responsibility Examination.
(a)
General. The Multistate Professional Responsibility Examination
referred to in section 520.7 of this Part shall be the examination
bearing that name which is administered by the National Conference
of Bar Examiners.
(b) Requirements and times and places for taking examination. An
applicant may take the Multistate Professional Responsibility
Examination prior to or subsequent to completion of the requirements
for taking the New York State bar examination. An application to
take the Multistate Professional Responsibility Examination shall be
filed with National Conference of Bar Examiners and the fee therefor
shall be fixed by and paid to that conference, which shall also fix
the times and places, within or without the State of New York, for
taking the examination.
(c) Passing score. The New York State Board of Law Examiners may
accept the scores attained by individual applicants on the
examination as determined and reported to it by the National
Conference of Bar Examiners, but such board shall determine the
passing score for applicants seeking admission to practice in this
State.
(d) Reexamination. There shall be no restriction on the right of a
failing applicant to retake the Multistate Professional
Responsibility Examination.
520.10 Admission without examination.
(a) General. In its
discretion, the Appellate Division may admit to practice without
examination an applicant who:
(1) (i) has been admitted to practice in the highest law court in
any other state or territory of the United States or in the District
of Columbia; or
(ii) has been admitted to practice as an attorney and
counselor-at-law or the equivalent in the highest court in another
country whose jurisprudence is based upon the principles of the
English Common Law; and
(iii) is currently admitted to the bar in such other jurisdiction or
jurisdictions, that at least one such jurisdiction in which the
attorney is so admitted would similarly admit an attorney or
counselor-at-law admitted to practice in New York State to its bar
without examination; and
(2) (i) while admitted to practice as specified in paragraph (1) of
this subdivision, has actually practiced therein, for at least five
of the seven years immediately preceding the application:
(a) in its highest law court or highest court of original
jurisdiction in the state or territory of the United States, in the
District of Columbia or in the common law country where admitted; or
(b) in Federal military or civilian legal service in a position
which requires admission to the bar for the appointment thereto or
for the performance of duties thereof, even if the government
service, civilian or military, was not in a jurisdiction in which
the applicant was admitted to practice; or
(c) in legal service as counsel or assistant counsel to a
corporation in the state or territory of the United States where
admitted, or in the District of Columbia if admitted therein; or in
the common law country where admitted; or
(ii) has been employed in any other state or territory of the United
States or in the District of Columbia as a judge, magistrate,
referee or similar official for the local, state or federal
government in a tribunal of record, or as a law clerk to such
judicial official, provided that such employment requires admission
to the bar for the appointment thereto or for the performance of the
duties thereof, for at least five of the seven years immediately
preceding the application; or
(iii) has been employed in this State or in any other state or
territory of the United States or in the District of Columbia as a
full-time member of the law faculty teaching in a law school or
schools on the approved list of the American Bar Association and has
attained the rank of professor or associate professor for at least
five of the seven years immediately preceding the application; or
(iv) has actually practiced as provided in subparagraph (i) of this
paragraph, or been employed as a judicial official as provided in
subparagraph (ii) of this paragraph, or has been teaching at a law
school as provided in subparagraph (iii) of this paragraph, or has
actually practiced while admitted pursuant to Rule 520.11(a)(2) of
this Part, for a period of up to 18 months, in a combination or
cumulation of service among the categories of practice, judicial or
legal service or teaching where the Appellate Division determines
that such five years of combined or cumulative service is the
equivalent of the practice required in clause (a) of subparagraph (i);
and
(3) received a first degree from an approved law school in the
United States at the time of applicant's admission to practice in
such other state, territory, district or common law country, or at
the time of application for admission under this section; and
(4) is over 26 years of age.
(b) Proof required. An applicant for admission under this section
shall file with the Clerk of the Appellate Division of the
department in which, as shown by the papers filed by the applicant
with the department, the applicant resides or, if not a resident of
the state in which such papers show that the applicant is employed
full-time or, if such papers do not show that the applicant resides
or is employed full-time in the State, the Appellate Division of the
Third Department:
(1) a certificate from the clerk of the highest court of the state,
territory, district or foreign country in which applicant has been
admitted to practice as an attorney and counselor-at-law or the
equivalent, certifying to applicant's admission to practice and the
date thereof; and
(2) in the case of an applicant seeking admission relying upon
teaching, a certificate from the dean of the law school which
employs or employed the applicant, certifying to the nature and
extent of applicant's employment and the rank attained; and
(3) a certificate from the New York State Board of Law Examiners
certifying that the applicant has received a first degree in law
from an approved law school as defined in section 520.3(b) of this
Part; and
(4) any such other satisfactory evidence of character and
qualifications as the Appellate Division may require, which may
include a report of the National Conference of Bar Examiners.
(c) Proof to be submitted and fee paid to New York State Board of
Law Examiners. The applicant shall submit to the New York State
Board of Law Examiners such proof of compliance with the provisions
of paragraph (3) of subdivision (a) of this section as the board may
require and shall at the same time pay the board the fee prescribed
by section 465 of the Judiciary Law by certified check or money
order payable to the order of the board.
(d) Discretion of Appellate Division. The Appellate Division may in
its discretion impose as a condition to admission such other tests
of character and fitness as it may deem proper.
520.11 Admission pro hac vice.
(a) General. An attorney and
counselor-at-law or the equivalent who is a member in good standing
of the bar of another state, territory, district or foreign country
may be admitted pro hac vice:
(1) in the discretion of any court of record, to participate in any
matter in which the attorney is employed; or
(2) in the discretion of the Appellate Division, provided applicant
is a graduate of an approved law school, to advise and represent
clients and participate in any matter during the continuance of
applicant's employment or association with an organization described
in subdivision 7 of section 495 of the Judiciary Law or during
employment with a District Attorney, Corporation Counsel or the
Attorney General, but in no event for longer than 18 months.
(b) New York Law Students. A graduate student or graduate assistant
at an approved law school in New York State may be admitted pro hac
vice in the discretion of the Appellate Division, to advise and
represent clients or participate in any matter during the
continuance of applicant's enrollment in an approved law school in
New York State as a graduate student or graduate assistant, or
during applicant's employment as a law school teacher in an approved
law school in New York State, if applicant is in good standing as an
attorney and counselor-at-law or the equivalent of the bar of
another state, territory, district or foreign country and is engaged
to advise or represent the client through participation in an
organization described in subdivision 7 of section 495 of the
Judiciary Law or during employment with a District Attorney,
Corporation Counsel or the Attorney General, but in no event for
longer than 18 months.
(c) Association of New York Counsel. No attorney may be admitted pro
hac vice pursuant to paragraph (1) of subdivision (a) to participate
in pre-trial or trial proceedings unless he or she is associated
with an attorney who is a member in good standing of the New York
bar, who shall be the attorney of record in the matter.
(d) Professional Responsibility Requirements. An attorney admitted
pro hac vice pursuant to this section:
(1) shall be familiar with and shall comply with the standards of
professional conduct imposed upon the members of the New York bar,
including the rules of court governing the conduct of attorneys and
the Disciplinary Rules of the Code of Professional Responsibility;
and
(2) shall be subject to the jurisdiction of the courts of this State
with respect to any acts occurring during the course of the
attorney's participation in the matter.
520.12 Proof of moral character.
(a) General. Every applicant for
admission to practice must file with a committee on character and
fitness appointed by the Appellate Division of the Supreme Court
affidavits of reputable persons that applicant possesses the good
moral character and general fitness requisite for an attorney and
counselor-at-law as required by section 90 of the Judiciary Law. The
number of such affidavits and the qualifications of persons
acceptable as affiants shall be determined by the Appellate Division
to which the applicant has been certified.
(b) Affidavits. The affidavits filed shall state that the applicant
is, to the knowledge of the affiant, a person of good moral
character and possesses the general fitness requisite for an
attorney and counselor-at-law and shall set forth in detail the
facts upon which such knowledge is based. Such affidavits shall not
be conclusive proof as to character and fitness, and the Appellate
Division to which the applicant has been certified may inquire
further through its committee on character and fitness or otherwise.
(c) Discretion of Appellate Division. The Appellate Division in each
department may adopt for its department such additional procedures
for ascertaining the moral character and general fitness of
applicants as it may deem proper, which may include submission of a
report of the National Conference of Bar Examiners.
(d) Time to file affidavits. (1) Except as provided in paragraph (2)
of this subdivision, every applicant for admission to practice,
other than applicants for admission without examination pursuant to
section 520.10 of this Part, shall file the affidavits required
under subdivision (a) and any additional material required under
subdivision (c) of this section within three years from the date of
the letter sent by the New York State Board of Law Examiners
notifying the applicant that the applicant has passed the bar
examination prescribed in section 520.8 of this Part. The
requirement of this subdivision shall first be applicable to those
applicants for admission who pass the July 1994 bar examination.
(2) Any applicant for admission to practice who has passed the bar
examination prescribed in section 520.8 of this Part, administered
prior to July 1994, and who has not filed the affidavits required
under subdivision (a) and additional material required under
subdivision (c) of this section, must file such affidavits (i)
within three years from the date of the letter sent by the New York
State Board of Law Examiners notifying the applicant that the
applicant has passed the bar examination, or (ii) by November 9,
1995, whichever date is later.
520.13 Designation of agent for service of process.
(a) Every
applicant for admission to practice who does not reside and is not
employed full-time in the State shall be required, as a condition of
admission, to execute and file with the Appellate Division of the
department in which the applicant is being admitted, a duly
acknowledged instrument in writing setting forth the applicant's
residence or mailing address and designating the clerk of such
Appellate Division as the applicant's agent upon whom process may be
served, with like effect as if served personally upon the applicant,
in any action or proceeding thereafter brought against the applicant
and arising out of or based upon any legal services rendered or
offered to be rendered by the applicant within the State.
(b) Any such applicant may, at any time after being admitted to
practice, revoke a designation filed with the Appellate Division
pursuant to subdivision (a) of this section by executing and filing
with such Appellate Division an affidavit revoking such designation
and showing that, as of the date of such affidavit, the applicant
resides or is employed full-time in the State or has an office
therein for the practice of law; except such revocation shall be
effective only with respect to causes of action accruing after the
filing thereof.
(c) Service of process on the clerk of the Appellate Division,
pursuant to a designation filed pursuant to subdivision (a) of this
section, shall be made by personally delivering to and leaving with
such clerk, or with a deputy or assistant authorized to receive such
service at the clerk's office, duplicate copies of the process
together with a fee of $25. Service of process shall be complete
when such clerk has been so served. Such clerk shall promptly send
one copy of the process to the person to whom it is directed, by
certified mail, return receipt requested, addressed to such person
at the address specified in the designation or at such other address
as such person shall have specified in a duly acknowledged
supplemental instrument in writing which such person shall have
filed in the office of such clerk.
520.14 Application for waiver of rules.
The Court of Appeals, upon application, may in its discretion vary the application of or waive any provision of these rules where strict compliance will cause undue hardship to the applicant. Such application shall be in the form of a verified petition setting forth the applicant's name, age and residence address, the facts relied upon and a prayer for relief.
520.15 Rules of the New York State Board of Law Examiners.
The New York State Board of Law Examiners may from time to time adopt, amend or rescind rules, not inconsistent with these rules, as it shall deem necessary and proper to enable it to discharge its duties as such duties are established by Law and by these rules. The rules so established by the Board shall not be adopted, amended or rescinded except by a majority vote of the members thereof. A copy of each rule adopted, amended or rescinded must, within 30 days of such action, be filed in the office of the Secretary of State.
Rules of the State Board of Law Examiners
6000.1 Board office. (Revised 10/22/08)
(a) Correspondence Address. All correspondence or other written
communications to the Board or the administrative officers of the
Board shall be addressed to the Board's office at New York State
Board of Law Examiners, Building 3, Corporate Plaza, 254 Washington
Avenue Extension, Albany, NY, 12203-5195.
(b) Website. The Board maintains a website at www.nybarexam.org.
6000.2 Applications and proof
required of applicants for examination. (Revised 10/22/08)
(a) First-time Application. Each first time applicant shall file an
application on a form provided by the Board and shall pay the fee
prescribed by Section 465 of the Judiciary Law during the
application filing period. For purposes of this Section, an
application is considered filed when it is filed electronically
on-line at the Board’s website or otherwise received in the Board’s
office together with the prescribed fee during the following
application filing period:
| EXAMINATION | EARLIEST FILING DATE | FILING DEADLINE |
| February | November 1 | November 30 |
| July | April 1 | April 30 |
(b) Proof of eligibility. Each first time applicant shall cause to be filed proof of eligibility to sit for the bar examination by demonstrating compliance with the requirements of Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. Such proof shall be in the form prescribed by the Board. For purposes of this subsection, proof of eligibility is considered filed when it is received in the Board’s office by the following deadline:
| EXAMINATION | DEADLINE FOR PROOF OF ELIGIBILITY |
| February | February 1 |
| July | June 15 |
(c) Handwriting specimen. Each first time applicant shall file or cause to be filed a handwriting specimen on a form provided by the Board, in the usual handwriting of the applicant and bearing the applicant's signature at the end thereof, containing a certification by an authorized official of the law school from which the applicant has or will be graduated, by an attorney with whom the applicant has studied or by a notary public, depending upon whether the applicant qualified to sit for the bar examination under Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. For purposes of this subsection, a handwriting specimen is considered filed when it is received in the Board’s office by the following deadline:
| EXAMINATION | DEADLINE FOR HANDWRITING SPECIMEN |
| February | February 1 |
| July | June 15 |
(d) Re-Examination. An applicant who failed the immediately preceding administration of the examination shall file in the manner set forth in subsection (a) above an application for re-examination on a form provided by the Board and shall pay the fee prescribed by Section 465 of the Judiciary Law by the later of (i) the application filing deadline set forth in subsection (a) above, or (ii) the 14th day following the date of the Board's release of the examination results. All other applicants for re-examination shall file the application for re-examination and pay the required fee in the manner and during the application filing period set forth in subsection (a) above.
(e) Residence and Employment Addresses. The application shall specify the address in or outside the State where the applicant resides and the place in the State, if any, where the applicant is employed full time. If the applicant changes either address before the examination for which application has been made, the applicant shall promptly notify the Board in writing of such change of address.
(f) Additional proofs. The Board in its discretion may order additional proofs to be filed, and may require an applicant to appear in person before it, or a member thereof or the Executive Director, Deputy Executive Director or counsel, and be examined concerning the applicant's qualification to sit for the examination.
6000.3 Schedule of Fees. (Revised 10/22/08)
(a) Examination Fee. The fee for examination or re-examination is
the amount prescribed by Section 465 of the Judiciary Law.
(b) Admission on Motion Fee. The fee for a certificate of
educational compliance required of applicants for admission to the
Bar on motion is the amount prescribed by Section 465 of the
Judiciary Law and shall be paid at the time application for such
certificate is made.
(c) Fee to Transfer a Multistate Bar Examination (MBE) Score from
New York to another Jurisdiction. The fee to transfer an MBE score
earned in New York to another jurisdiction is $50, and shall be paid
when the form provided for that purpose is filed in accordance with
Section 6000.6(g) (2).
(d) Duplicate Certification Notice. The fee for a request for a
duplicate of the Board's letter notifying the applicant of
successful completion of the bar examination and of certification to
the Supreme Court, Appellate Division is $10. Such request shall be
in the form of a letter containing the applicant's name, BOLE ID or
Social Security Number, date of birth, examination passed (month and
year), and address to which the duplicate is to be sent.
(e) Sets of Essay Questions and Answers. The fee for obtaining by
mail sets of the essay questions and selected applicants' answers
from the three most recent bar examinations is $50.
(f) Materials Available to Failed Applicants. The fee for a failed
applicant to obtain by mail copies of the applicant’s own essay
answers is $40. The fee for a total packet containing the failed
applicant’s essay answers, the essay questions, and selected
applicants’ answers is $70.
(g) Form of payment. The fee for examination or re-examination shall
be made on-line by credit card, or if filing by mail, by certified
check, cashier's check, or money order, payable to "State Board of
Law Examiners." All other fees shall be made by certified check,
cashier's check, or money order, payable to "State Board of Law
Examiners."
6000.4 Test Accommodations for Applicants with Disabilities. (Revised 10/06/10)
(a) Purpose. The bar examination is
intended to test qualified applicants for knowledge and skills
relevant to the practice of law. In accordance with the Americans
with Disabilities Act of 1990 as amended (42 U.S.C.S. § 12101 et
seq.) (ADA) and applicable regulations and case law, it is the
policy of the New York State Board of Law Examiners to provide
accommodations in testing conditions to applicants with disabilities
who are qualified candidates for the bar examination, to the extent
such accommodations are timely requested, reasonable, not unduly
burdensome, consistent with the nature and purpose of the
examination and necessitated by the applicant's disability.
(b) Definitions. For purposes of this
section:
(1) The term “disability” shall mean a disability as that
term is defined under the ADA, applicable regulations and case law.
(2) The term “qualified professional” shall mean a licensed
physician, psychologist, psychiatrist or other health care provider
who has comprehensive training in the field related to the
applicant's disability and who conducted an individualized
assessment of the applicant.
(c) Application Process.
(1) Application Materials. The Board shall make available to
candidates requesting test accommodations documents necessary for
submitting an application including: (a) the Application for Test
Accommodation and the Re-applicant Application for Test
Accommodations; (b) Instructions for Completing Application for Test
Accommodations; and (c) Guidelines for Documentation of Physical and
Psychiatric Disorders, Guidelines for Documentation of Learning
Disabilities and Other Cognitive Disorders, and Guidelines for
Documentation of Attention Deficit/Hyperactivity Disorder.
Application materials are available on-line at the Board’s website
or by contacting the Board’s office.
(2) Filing Deadline. Original signed and notarized
applications and re-applications for test accommodations, together
with all required supporting documentation, shall be received in the
Board’s office no later than the applicable deadline as set forth in
Section 6000.2(a) and (d).
(3) Requirements. To be eligible to receive test
accommodations, the applicant or re-applicant shall submit the
appropriate application form and all required supporting
documentation.
(4) Incomplete and Untimely Applications. Applications which
are incomplete or not timely filed shall be rejected and returned to
the applicant.
(5) Medical Documentation. All applications must be supported
by recent, comprehensive medical documentation. Medical
documentation must be from a qualified professional who has
conducted an individualized assessment and should comply with the
appropriate Board guidelines: Guidelines for Documentation of
Physical and Psychiatric Disorders, Guidelines for Documentation of
Learning Disabilities and Other Cognitive Disorders, and/or
Guidelines for Documentation of Attention Deficit/Hyperactivity
Disorder.
(6) Independent Evaluations. The Board reserves the right to
have an application, together with all supporting documentation,
evaluated by an expert retained by the Board. The Board may, in its
discretion, require the applicant to provide additional information
and documentation and may also require the applicant to submit to
examination by an expert retained by the Board.
(d) Determinations.
(1) Complete and Timely Applications. The Board shall act
upon all applications which are complete, timely and submitted in
full compliance with the foregoing provisions of this Section, and
shall notify the applicant of its determination no later than twenty
(20) days prior to the date of the examination for which such
accommodations are requested. If the application is denied in whole
or in part, the Board's notification shall state the reason(s) for
such denial.
(2) Early Determinations. An applicant may request a
determination of eligibility for test accommodations prior to the
application filing period by filing a complete application including
all required supporting documentation no more than six months prior
to the examination for which the applicant seeks accommodations. The
Board will act upon such requests as soon as practicable.
(e) Appeals. Any applicant whose
application is denied in whole or in part may appeal the
determination by filing a verified petition responding to the
Board’s stated reason(s) for denial. The petition must attest to the
truth and accuracy of the statements made therein, be made under
penalty of perjury and be notarized. The petition may be supported
by a report from the applicant’s examiner clarifying facts and
identifying documentation, if any, which the Board allegedly
overlooked or misapprehended. The appeal may not present any new
diagnosis or disability that was not discussed in the applicant's
application, nor may any additional documentation that was not
originally provided with the application be offered on the appeal.
Original signed and notarized appeals must be received at the
Board's office no later than 14 days from the date of the Board’s
determination. The Board shall decide such appeal and shall notify
the applicant of its decision prior to the date of the examination
for which the accommodations were requested.
(f) Delegation. The Board may, in its
discretion, delegate to any of its members, or to its Executive
Director, Deputy Executive Director or counsel, all or any part of
its duties and responsibilities under the foregoing provisions of
this Section, other than its responsibilities under subsection (e)
in connection with appeals.
6000.5 Assignment and certification of
applicants. (Revised 10/22/08)
(a) Each applicant admitted to the examination shall be assigned to
a test center in one of the four judicial departments located in the
State.
(b) Every applicant who, after completing the examination, becomes a
resident of the State or a full-time employee therein or who changes
the place of residence or full-time employment in the State, shall
file written notice with the Board. The department of the Appellate
Division to which an applicant is certified in accordance with
subsection (c) shall be based on the most recent address at the
Board’s office as of May 1st following a February examination, or as
of November 1st following a July examination.
(c) Every applicant who passes the examination will be certified to
the Appellate Division of the department in which, as shown by the
papers filed by the applicant with the Board, the applicant resides,
or, if not a resident of the State, the applicant is employed
full-time in the State. If such papers do not show that the
applicant resides or is employed full-time in the State, the
applicant shall be certified to the Appellate Division of the Third
Department.
6000.6 Examination. (Revised October
2010)
(a) Examination Dates. The Board shall hold examinations twice each
year, on two consecutive days, being the last Tuesday and Wednesday
of February and July.
(b) Passing Score. The score required to pass the bar examination is
665.
(c) New York Section. The first day of each examination (the New
York section) will consist of 50 multiple choice questions and five
essay questions in substantive and procedural law, and one
Multistate Performance Test (MPT) developed by the National
Conference of Bar Examiners (NCBE). The multiple choice and essay
questions presented on the New York section will test the subjects
detailed in the Content Outline maintained on the Board’s website.
(d) Multistate Bar Examination (MBE). The Multistate Bar Examination
(MBE) will be administered on the second day of the examination.
Information regarding the MBE is available on the website of the
National Conference of Bar Examiners at
www.ncbex.org.
(e) Applicant Must Take all Sections of the Examination to be
Graded. In order for the examination to be graded the applicant must
take both sessions of the New York section of the bar examination at
the designated location in New York State and both sessions of the
MBE section, either in New York State or in another jurisdiction.
Any applicant who is not present for both sessions of the New York
section will not be permitted to take the MBE in New York on the
following day.
(f) Tardiness or Absence. No applicant will be admitted to the
examination more than one half hour after the examination session
begins. An applicant who fails to appear for one session of the
examination shall not be admitted to a later session.
(g) Transfer of MBE Scores.
(1) Transfer of Concurrent MBE Score from Another
Jurisdiction to New York. An applicant taking the New York bar
examination and a concurrent bar examination in another jurisdiction
shall have the option to take the Multistate Bar Examination (MBE)
in the other jurisdiction on the same day that such examination is
given in New York, and the MBE scale score attained in such other
jurisdiction will be combined with the applicant's scores on the New
York section of the examination in the same manner as if the
applicant had taken the MBE in New York. An applicant who elects to
use an MBE score from another jurisdiction as permitted above shall
notify the Board of such election at the time that the application
to sit for the New York State bar examination is filed, and shall
make the arrangements to have such score timely transferred to New
York. To transfer a concurrent MBE score to New York from another
jurisdiction the applicant must complete the MBE score transfer form
available on the website of the National Conference of Bar Examiners
(NCBE) and pay the prescribed NCBE score transfer fee, or, if the
other jurisdiction transfers its own MBE scores, follow the
procedures outlined by the other jurisdiction. The transferred MBE
score must be received in the Board’s office no later than April 1
following a February examination, and no later than October 1
following a July examination. It shall be the applicant’s
responsibility to ensure that the Board receives the report of the
transferred MBE score in a timely manner. Failure to timely transfer
an MBE score to the Board shall result in the nullification of an
applicant’s bar examination scores.
(2) Transfer of MBE Score Earned in New York to Other Jurisdictions.
An applicant taking the bar examination in New York may request the
certification of an MBE score earned in New York to another
jurisdiction. An applicant requesting certification of an MBE score
earned in New York to another jurisdiction must direct such request
to the Board’s office on a form provided by the Board and pay the
fee prescribed in Section 6000.3(c) of this Part.
(h) Multistate Professional Responsibility Examination. All
applicants who have passed the bar examination and are seeking
admission to the practice of law in New York State must take and
pass the Multistate Professional Responsibility Examination (MPRE)
administered by the National Conference of Bar Examiners (NCBE)
prior to being certified by the Board to the Appellate Division. The
passing score in New York for the MPRE is 85. Applicants must
designate New York as the jurisdiction to which the score should be
reported or have an official score report sent to the Board by the
NCBE. Applicants must take and pass the MPRE within three years
either before or after passing the New York bar examination,
measured from the date the applicant sat for each examination.
(i) Withdrawal from the Examination/Failure to Appear (Effective March 2011).
(1) Any applicant or re-applicant who has withdrawn from or failed to appear for any two examinations must apply to the Board for permission to re-apply before applying for a subsequent examination.
(2) Any application made pursuant to this subsection must be made by November 30 for a February examination and by April 30 for a July examination. Applications must be in the form of an affidavit which shall set forth the applicant's name, age, residence address, email address, phone number, the facts which caused the withdrawal or failure to appear, the facts which support the request to re-apply, and a prayer for relief. Where appropriate, supporting documentation, such as medical documentation, police reports, death notices, etc., must be included. Relief under this subsection shall be granted in the sole discretion of the Board.
(3) The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, all or any part of its duties and responsibilities under this section.
6000.7 Automatic Regrading of Certain
Examination Answers. (Revised 10/22/08)
(a) The essay answers for each applicant who receives a total
weighted scale score of 655 to 664 following the initial grading of
his or her bar examination shall be regraded by graders other than
the initial graders. For each essay, the initial scale score and the
scale score resulting from regrading shall be averaged to determine
the applicant's final scale score for that essay. The applicant's
scores shall then be recomputed to arrive at a final total weighted
scale score.
(b) Each applicant who has received a final examination score below
the required passing score may obtain one set of copies of his or
her own answers to the essay questions by written request
accompanied by payment as prescribed in Section 6000.3(f). Such
request shall be made no later than 30 days after the Board's
failure notice to the applicant.
(c) Failed applicants may, in the same written request for copies of
their essay answers, also order copies of the essay questions and
the selected applicants' answers referred to in section 6000.8(b) of
this Part accompanied by payment as prescribed in Section 6000.3(f).
6000.8 Publication of Essay Questions
and Selected Applicants' Answers.
(Revised 10/22/08)
(a) No later than 60 days after the release of the results of each bar examination, the Board shall post on its website, copies of the essay questions that appeared on such examination and copies of selected applicants' answers to those essay questions. The answers shall be ones which received scores superior to the average scale score awarded for the relevant essay. Such answers, which shall be selected by the Board, shall be released in a format designed to protect the anonymity of the authors.
(b) Sets of the essay questions and selected applicants' answers from the three most recent bar examinations shall be available to be downloaded from the Board’s website free of charge, or upon written request accompanied by payment as prescribed in Section 6000.3(e) of this Part.
6000.9 Fraud, Dishonesty and Other
Misconduct. (Revised October 2010)
(a) If it shall appear that there is credible evidence which would
establish that an applicant has:
(1) either by omission or commission falsified the
application or proofs required for admission to the bar examination
or misrepresented the applicant’s eligibility to sit for the bar
examination;
(2) either by omission or commission falsified the proofs
required for admission to practice without examination or
misrepresented the applicant’s eligibility to be admitted to
practice without examination;
(3) either by omission or commission falsified documentation
submitted in support of a request for test accommodations under Rule
6000.4 or secured such documentation under false pretenses;
(4) brought any item or material prohibited by the Board’s
security policy through the security checkpoint, or possessed any
such item or material at any time after passing through the security
checkpoint;
(5) reviewed and/or used any item or material prohibited by
the Board’s security policy at any time after passing through the
security checkpoint, or secreted any such item or material with the
intent to review and/or use it;
(6) broken the seal on the question book, opened the question
booklet, or reviewed the questions in the question book prior to the
announcement that the examination has begun;
(7) written or designated any answers to questions or other
unauthorized information on any examination materials, answer sheet
or booklet prior to the announcement of the beginning of the
examination session;
(8) written or designated any answers to questions or other
information on any examination materials, answer sheet or booklet
after the announcement of the conclusion of the examination session;
(9) sought, obtained or used answers or information from or
given answers or information to another applicant or any other
person during the bar examination;
(10) removed or attempted to remove any examination materials
or notes made during the examination from the examination room;
(11) otherwise violated any of the oral or written
instructions given in connection with the administration of the bar
examination;
(12) otherwise violated the Board’s examination security
policy;
(13) memorized questions for the purpose of reporting and/or
reported the substance of questions to any person or entity engaged
in, or affiliated with any person or entity engaged in, the
preparation of applicants to take the bar examination or otherwise
violated the copyright protection afforded to bar examination
materials;
(14) engaged in fraud, dishonesty or other misconduct in
connection with an application to or the administration of the
Multistate Professional Responsibility Examination (MPRE) or to a
bar examination of any other jurisdiction;
(15) sat for the bar examination without having a bona fide
intention to seek admission to practice law in the State of New
York;
(16) compromised or disrupted the process for admission to or
administration of the bar examination;
(17) violated the Board’s civility policy; or
(18) failed to cooperate in a misconduct investigation made
pursuant to this section, or made a false statement in connection
with a misconduct investigation;
the applicant may be charged with having engaged in fraud,
dishonesty or other misconduct. The applicant shall be served with
written notice of such charges by regular mail and email at the last
address provided to the Board by the applicant. The charges shall
state with particularity the facts upon which they are based. The
applicant’s examination results shall be withheld pending the
decision on the charges by the Board.
(b) The applicant, no later than 30 days after the service of charges, shall cause to be delivered to the office of the Board a verified answer to such charges. Such answer shall identify with specificity the charges disputed by the applicant, who shall set forth any evidence which can be adduced by the applicant in contradiction of such charges. The applicant must indicate in such written answer whether a hearing before the Board is requested. Upon receipt of a verified answer the Board shall, upon request, disclose to the applicant the evidence which forms the basis of the charge.
(c) In the event such applicant does not submit a written and verified answer as provided in subsection (b), the Board shall deem the facts set forth in the written charges to be true.
(d) In the event such applicant does not request a hearing as provided in subsection (b), the Board may make a decision based on the evidence submitted, or may, on its own motion, determine to conduct a hearing.
(e) If the applicant shall request a hearing, or if the Board, on its own motion, determines to conduct a hearing, the Board shall set a date for a hearing. Reasonable notice of the hearing shall be provided to the applicant. The hearing shall be conducted by the Board or by one or more members of the Board who shall make a recommendation to the full Board which shall render a decision. The Board is not bound by the rules of evidence.
(f) If the applicant shall be found guilty by reason of:
(1) applicant’s admission that such charges are true, in
whole or in part; or
(2) applicant’s default in answering the written charges, in
whole or in part; or
(3) decision of the Board, after a hearing, or where no
hearing was conducted, after the Board’s review of the evidence
submitted,
the Board shall issue a written determination of its decision in
which one or more of the following penalties, and any other penalty
which the Board may deem appropriate, may be imposed:
(i) forfeiture of all fees paid by
such applicant;
(ii) nullification of the examination
taken or the application made by such applicant;
(iii) disqualification of the
applicant from taking the New York State Bar Examination or applying
for admission on motion for a period not to exceed six years from
the date of such determination;
(iv) invalidation or striking of one
or more answers of the examination taken by such applicant, or the
reduction of applicant’s final score by one or more points;
(v) transmission of a written report
of the matter to the Committee on Character and Fitness in New York
State having jurisdiction of the applicant;
(vi) transmission of a written report
of the matter to the bar admission authority and/or disciplinary
authority in any jurisdiction of the United States and, where
applicable, to any foreign jurisdiction deemed appropriate by the
Board;
(vii) postponement of certification
to the Committee on Character and Fitness in New York State having
jurisdiction of the applicant.
(g) If the applicant shall be found not guilty, or if the Board determines that the charges should be dismissed, the applicant shall be notified in writing of the Board’s decision and the Board shall release the applicant’s examination results.
(h) The Board shall serve its determination on such applicant by regular mail and email at the last address provided to the Board by the applicant as soon as practicable. Any determination is final and not subject to further review by the Board.
(i) The applicant shall be entitled to be represented and advised by counsel, at his or her own expense, at every stage of the proceeding. Any person who appears at a hearing held pursuant to subsection (e) of this rule shall be entitled to be represented and advised by counsel, at his or her own expense.
6000.10 Application for waiver of rules.
(Revised October 2010)
(a) Except as otherwise provided in this section, the Board, upon
application and for good cause shown, may in its discretion vary the
application of or waive any provision of these rules where strict
compliance will cause unwarranted hardship to the applicant. Such
application shall be in the form of a verified petition which shall
set forth the applicant's name, age and residence address, the facts
relied upon, and a prayer for relief.
(b) The following rules may not be waived: (1) the application and
re-application for test accommodations filing deadlines contained in
rule 6000.4; and (2) the withdrawal and failure to appear provisions
in rule 6000.6.
(c) The Board may, in its discretion, delegate to any of its
members, or to its Executive Director, Deputy Executive Director or
counsel, all or any part of its duties and responsibilities under
this section.