Intro
New
York is the United States’ most prominent legal market. The New York Bar
remains one of the most sought after qualification by attorneys globally and
easily the hardest to pass. I believe the reason it is popular among lawyers is
that it enhances an attorney’s ability to represent clients internationally and
also allows some attorneys to get bar admissions 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. This means that a candidate is
allowed to transfer his/her results to other associated jurisdictions (if you
meet their local requirements). It has been adopted in 35 jurisdictions.
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 providers.
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 $125 ($220 for late registration).
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 of 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. There are two sessions each day, morning and afternoon
sessions. Each session lasts for 3 hours. The exam cannot be taken online; it
must be taken at the designated centers in New York. An applicant has the
option of handwriting the exam or using a computer to do so.
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:
- Visit the website of the Board (https://www.nybarexam.org) and create an account with the Board;
- Upon
the creation of an account, you will be given a BOLE ID/Number;
- 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
- 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;
- 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;
- 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.
- 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 (Family Law, Constitutional Law, Contracts,
Corporations, Agency, Wills and Estates, Trust, Civil Procedure, Criminal Law,
Criminal Procedure, Evidence, Property Law, Torts, Secured Transactions,
Partnerships, Conflict of Laws). The MEE comprises of 6 questions which may be
drawn from any of these subject areas. On the other hand, 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 a 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 affirmation 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 New York Bar changes the game from 10 to 90 quickly in terms of securing
work as an attorney in New York and other states. Some lawyers are also lucky
to be hired by an organization willing to file for their work/resident permit
(HB1 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.
