HOW TO QUALIFY FOR THE NEW YORK BAR IF YOU ARE A FOREIGN LICENSED ATTORNEY

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Intro

New York is the United States’ most prominent legal market. The New York Bar remains one of the most sought-after qualifications by attorneys globally and is easily one of the hardest to pass. Many lawyers pursue this qualification because it enhances their ability to represent clients internationally and, in some cases, allows attorneys to gain bar admission in their home jurisdictions (such as in France) without following the traditional route.

The New York Bar Exam is administered by the New York State Board of Bar Examiners (the “Board”). Since 2016, New York has administered the Uniform Bar Exam (UBE). The UBE is a standardized bar examination in the United States, developed by the National Conference of Bar Examiners (NCBE). It consists solely of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT) and offers portability of scores across state lines. It has been adopted in 41 jurisdictions.

New York Bar Exam Fees

No fee applies to taking the online New York Law Course (NYLC) before taking the NYLE.

For candidates seeking admission into the New York Bar, the UBE is just one component of the requirements for admission into the New York Bar. A candidate seeking bar admission in New York must take the New York Law Course (NYLC), take and pass the New York Law Exam (NYLE), and take and pass the Multistate Professional Responsibility Examination (MPRE), in addition to earning a score satisfying New York’s passing score on the UBE (266), prior to be being assigned to one of New York’s Appellate Division departments for a character and fitness investigation. The UBE tests applicants on generally applicable federal laws while the NYLE tests applicants on specific New York Laws and practices. There is no fee to take the NYLC. The fee to take the NYLE is $27 paid directly to Examsoft, the exam solution provider.

The MPRE, also developed by the NCBE, is a two-hour, 60-question multiple-choice examination that is administered three times per year. It is required for admission to the bars of all but three U.S. jurisdictions. The cost of registering for the MPRE is $160. The UBE is administered twice every year – February and July. The exam is administered over two days, usually the last Tuesday and Wednesday of February and July. The exam comprises three sections, the MPT (20%), the MEE (30%) and the MBE (basically Multichoice – 50%). The MPT tests your ability to read library materials and draft commonly used documents within a given time. The MEE and MBE test your understanding of the black letter laws.

The MPT and MEE are administered on the first day, while the MBE is administered on the second day. Each exam day has two sessions: morning and afternoon, each lasting 3 hours. The exam must be taken in person at designated centers in New York, and applicants can either handwrite or use a laptop for the test.

Application Process

To begin the application process to take this exam as an attorney admitted in Nigeria or another common law jurisdiction, the following steps apply:

  1. Visit the website of the Board (https://www.nybarexam.org) and create an account with the Board;

  2. Upon the creation of an account, you will be given a BOLE ID/Number;

  3. Contact your university and law school (for Nigerians, the Nigerian Law School) to send your LL.B. and B.L. certificates and transcripts to the Board directly, ensure that they have your BOLE ID written on the documents. Usually, these documents will show that the applicant fulfilled the educational requirement in his/her country as acceptable to the Board. But the Board reserves the right to request for additional documents in this regard

  4. Upon receipt and review of your transcripts, the Board will notify you of their decision regarding your eligibility to take the bar exam. In some cases, the board may determine that you are ineligible to take the exam and need to first obtain an LL.M in the United States. This review takes an average of 6 months;

  5. If you are deemed eligible, you may register for the exam when the registration window commences. The cost of registration is $750. There is an additional $100 cost for candidates who sign up to use their laptop instead of handwriting it. This fee is paid to the software providers who provide the secured platform for taking the exam;

  6. Before the exam, you will be notified of your exam center via email. In most cases, you are provided with an option to choose. If you do not choose on time, you may be left without options as certain centers which are closer to the city than others may have reached full capacity.

  7. Once you pass the exam, the Board will guide you as to the requirements of being admitted.

Preparing for the Exam

The exam covers about 15 subjects, including:

  • Family Law

  • Constitutional Law

  • Contracts

  • Corporations

  • Agency

  • Wills and Estates

  • Trusts

  • Civil Procedure

  • Criminal Law

  • Criminal Procedure

  • Evidence

  • Property Law

  • Torts

  • Secured Transactions

  • Partnerships

  • Conflict of Laws

The MEE comprises 6 questions from these subject areas, while the MBE is limited to certain subjects. The MPT focuses on reading and comprehending the materials provided (Library) and accomplishing two drafting tasks (usually a memo and a brief of argument). The Board does not provide you with study materials except for some past questions available on their website. Usually, applicants obtain materials from prep course providers. These providers provide you with materials, lecture videos and past questions. Some also grade your practice drafts for the MPT and provide you with feedback. The cost of these materials range from $1500 up to $3000.

For someone who has obtained the study materials from a friend who had taken the exam, it is possible to read the materials on your own and pass the bar.

Character and Fitness Investigation and Admission

An applicant who passes the UBE, the NYLE and the MPRE is certified as having completed the requirements for admission to the New York Bar. The applicant is then assigned to one of four departments of the Appellate Division of the Supreme Court for a character and fitness review. The committee would evaluate your character and fitness application and conduct private investigations with respect to your fitness to be admitted as an attorney. Honesty and full disclosures rank highest during this process. It is agreed that more than whatever crimes or infringements with the law that you may have committed, trying to cover them up will do greater harm to your prospects of being admitted than the original infringements. As such, it is highly recommended that you provide the committee on character and fitness with all the information that you are asked and be very honest about your past. Their aim is to ensure that only honest and trustworthy candidates are admitted to the bar.

This section requires you to disclose almost every brush you have had with law enforcement, in the United States and everywhere else.

Residency Requirement

You do not need to be a resident to be admitted to the bar. A valid visa suffices.

Other Requirements

  • There is 50 hours of pro bono work required of every applicant. This must be shown by completing a form affidavit reporting where and what sort of pro bono work that the applicant has done. This form must also be signed by a person who supervised such pro bono work;

  • You are expected to submit reference letters from your law schools and from every legal employer you have had in the last 10 years;

  • Original Certificates of Good Standing and Grievance Letters from other jurisdictions in which you have been admitted to practice; and

  • There is also a requirement to submit two affirmations of good moral character from two persons, both of whom must have known you for at least two years.

After Passing the Bar

Admission to the New York Bar significantly improves an attorney’s career prospects, especially for foreign-trained lawyers seeking opportunities in the U.S. and internationally. However, securing employment still depends on factors such as visa sponsorship, work experience, networking, and market demand. Some lawyers are also lucky to be hired by an organization willing to file for their work/resident permit (H-1B Visa).

Maintaining Your Status

As an admitted attorney in New York, you are required to file the biennial registration form, either with payment of the $375.00 fee, or with a certification of retirement. Attorneys who certify that they are retired from the practice of law pursuant to Section 118.1(g) are not required to pay the $375.00 registration fee.

If you have any more questions regarding the New York Bar Exam, please feel free to contact me at magnusamudi@gmail.com. I am also on LinkedIn at Magnus Amudi. I am happy to assist and advise you as you take this step in your legal career.

If you have any more questions regarding the New York Bar Exam, please feel free to contact me on LinkedIn www.linkedin.com/in/mamudi. I am happy to assist and advise you as you take this step in your legal career.

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