NY Bar Exam

The American Business Law LL.M. has been carefully designed to prepare students to take the New York Bar Examination, providing instruction proven to effectively prepare students to pass the exam. However, it is up to every student to ensure for himself or herself that all of the eligibility requirements to take the Bar Exam have been met. If admission to the New York bar is important to you, we strongly advise you to apply to the Board of Law Examiners for the Advance Evaluation of Eligibility before applying to the LL.M. program. (Click here: https://www.nybarapply.org/feval) Please be aware this is a lengthy process and you should not wait until the last minute.

The NY Bar Examination

If you are considering taking the NY Bar Examination, you must carefully read the information on the official website of the Board of Law Examiners of the State of New York (BOLE).The BOLE website is available here. There are detailed requirements for students with a foreign legal education to be eligible for admission to the NY Bar, which you will need to understand.

You should note that admission to any of our LL.M. programs, including the LL.M. in American Business Law for Foreign Law Graduates, does not guarantee or in any way suggest eligibility to sit for the New York or any other state's bar examination. Please also note, while the LL.M. in American Business Law program is designed with the NY Bar requirements in mind, and we endeavor to provide you with accurate and up-to-date information regarding bar examination requirements, you are ultimately responsible for ensuring that your program of study fulfills all requirements for the New York Bar.

The New York Court of Appeals sets forth the rules for admission of foreign-trained attorneys in Rule 520.6. These rules may be found on the BOLE website under Foreign Legal Education.

The BOLE provides the following synopsis of the requirements of Rule 520.6 (b)(1), under which most applicants will be applying:

Rule 520.6 (b) (1) (most applicants will be applying under this provision) has four major eligibility requirements:

1. Qualifying Degree (520.6 [b] [1]). The foreign-educated applicant must have fulfilled the educational requirements for admission to the practice of law in a foreign country other than the United States. The applicant must have a qualifying degree, which must be a degree in law.
2. Accreditation (520.6[b][1]). 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.
3. Durational Equivalence (520.6 [b] [1] [i] [a]). The applicant’s period of law study must be successfully completed. The program of study must also be “substantially” equivalent in duration to a full-time or part-time program required at a law school in the United States approved by the American Bar Association (ABA) and in substantial compliance with the instructional and academic calendar requirements of section 520.3(c)(1)(i) and (ii) and 520.3(d)(2).
4. Substantial Equivalence (520.3[b] [1] [i] [b]). The foreign country’s jurisprudence must be based upon the principles of the English Common Law, and the "program and course of law study" successfully completed by the applicant must be the “substantial” equivalent of the legal education provided by an ABA-approved law school in the United States.

Applicants may also apply under Rule 520.6(b)(2) (English common law based upon law school and law office study), please review the BOLE website under Foreign Legal Education.

LL.M. Degree “Cure Provision”

An applicant for the NY Bar, whether educated in a Common Law or non-common law country, whose legal education is not of sufficient duration or not substantively equivalent to an ABA-approved law school program, may cure the durational or substantive deficiency (but not both), through a U.S. LL.M. degree, provided the program of study meets certain requirements.

It is important to note that the vast majority of applicants who are denied eligibility to sit for the New York Bar Examination are denied on the basis of their education in their home country, and not on the basis of their U.S. LL.M. degree (e.g., the applicant has not fulfilled some educational requirement for admission to the bar, or the applicant's program of study is both substantively and durationally insufficient, and thus cannot be remedied by the "Cure" provision). For this reason, if admission to the New York bar is important to you, you are advised to submit your Advance Evaluation of Eligibility (discussed below) in advance of applying to the LL.M. program.

LL.M. Course of Study Requirements

The "Cure" provision in Rule 520.6 requires that students take the following courses in their LL.M. degree program:

NY Court of Appeals 520.6 Requirement:	NYLS Courses
At least two semester hours of credit in professional responsibility.	Professional Responsibility
At least two credits in a legal research, writing and analysis course.	American Business Law: Sources and Methods
At least two credits in a course on American legal studies, the American legal system or a similar course designed to introduce students to U.S. law.	Introduction to American Law
At least six credits in subjects tested on the New York bar examination (where a principal focus of the course includes material contained in the Content Outline published by the Board)	American Legal Profession Civil Procedure Conflict of Laws Constitutional Law: Free Speech Constitutional Law: Individual Rights, Advanced Contracts Corporations Criminal Law Criminal Procedure: Adjudication Criminal Procedure: Investigation Divorce: Lawyers, Clients, and Families Evidence Family Law Federal Courts and the Federal System Introduction to Constitutional Law Lawyering New York Law in National Perspectives New York Practice New York Wills Practice Professional Responsibility Property Real Estate Transactions and Finance Religion and the Constitution Remedies Sales and Negotiable Instruments Secured Transactions Torts Wills, Trusts, and Future Interests

Note: LL.M. students who began their programs prior to Summer 2012 should see the information under "Previous NY Bar Rules" below.

Advance Evaluation of Eligibility

Before you are able to sit for the New York Bar Examination, the BOLE will undertake an evaluation of your credentials to determine your eligibility for admission to the bar. The BOLE asks that foreign students submit this documentation one year in advance of the application period for the examination they wish to take. (Click here: https://www.nybarapply.org/feval) The bar examination is offered twice each year, in February and July. The application period for the February examination takes place in November prior to the examination, and the application period for the July examination takes place in April prior to the examination. So, for example, if you plan to sit for the July 2013 bar examination, you would submit your request for advance evaluation in April 2012. If the recommended date to submit documentation has already passed, you should submit your documentation as soon as possible.

If admission to the New York bar is important to you, please submit the Advance Evaluation of Eligibility in advance of applying to the LL.M. program. (Click here: https://www.nybarapply.org/feval) Please be aware this is a lengthy process and you should not wait until the last minute. If you have any questions about the process or the required documentation, you should contact the Board of Law Examiners directly at (518) 453-5990.

Previous NY Bar Rules

For students who began their LL.M. studies prior to Summer 2012, the rules under the previous Section 520.6 will apply (with very narrow exceptions). A comparison of the provisions of the old and new rules for qualifying for the NY Bar exam may be found on the BOLE website at the link found here.

Basic Courses in American Law. Under the previous rules, students were required to take at least two (2) basic courses in "American Law" as part of their LL.M. studies to qualify to sit for the New York Bar. For questions about qualifying courses at NYLS, please contact Tracey Parr, Assistant Dean for Academic Program Development.