LL.M. STUDENTS AND THE BAR EXAM

Transcription

1 LL.M. STUDENTS AND THE BAR EXAM Table of Contents New York Bar Exam... 1 Error! Reference source not found Other State Bar Exams... 5 LL.M. students are generally eligible to take the bar exam in New York, California, and a few other states. Eligibility requirements are subject to change, so please review the requirements of the jurisdiction in which you are seeking admission. Furthermore, additional states than those included in this guide may admit foreign-trained applicants to the bar. Therefore, please directly contact the state bar examiner in a state to which you would like to apply to determine your eligibility for that state s bar exam. This guide is an overview of the admission requirements to select state bar exams for LL.M. students. New York Bar Exam 1 The New York bar exam 2 lasts two days and is offered twice a year, in July and February. The first day of the exam consists of 50 multiple-choice questions, one Multistate Performance Test (MPT) question, and five essay questions. The second day is the Multistate Bar Exam (MBE), which lasts six-hours and consists of 200 multiple-choice questions. The MBE covers six substantive areas of law: contracts, torts, constitutional law, criminal law and procedure, evidence and real property. Additional information on the bar exam components and eligibility requirements can be found at Step 1: Determine Your Eligibility. You can determine your eligibility to sit for the New York state bar exam by visiting and reading Court Rules Section 520. The New York bar examiners encourage applicants to request an evaluation of their eligibility no more than one year before they plan to sit for the exam. To be eligible to sit for the bar exam, applicants must satisfactorily provide proof of the following Section requirements: 1.) applicant has fulfilled the educational requirements necessary for admission to practice law in a foreign country other than the United States; 2.) applicant s period of studying law is at least substantially equivalent in duration to what ABA-approved law schools require; 1 Adapted from Yale Law School, LLMs and the NY Bar Exam, (Sept. 23, 2010, 9:53AM). 2 This is a general guide regarding steps to take when contemplating taking the New York state bar exam. Please visit for specific information regarding New York s bar exam. 1 Last Updated: October 2010

2 3.) applicant attended a law school that was recognized by the accrediting agency of that country s government; 4.) the jurisprudence of the foreign country is based upon English Common Law principles; and 5.) applicant completed a program and course of law study that was the substantial equivalent of the legal education provided by an approved law school in the United States. Step 2: Cure any Durational or Substantive Deficiencies. If a durational or substantive deficiency (not both) of the Section requirements exist, foreign applicants can cure one of the deficiencies by successfully complet[ing] a full-time or part-time program consisting of a minimum of 20 semester hours of credit, or the equivalent, in professional law subjections, which includes basic courses in American law, in an approved law school in the United States. (Section 520.6(b)(1)(ii)). Basic courses in American law is interpreted as taking a minimum of two courses in subjects tested on the bar exam. A complete list of subjects tested on the New York bar exam can be found at Step 3: Submit Supporting Documentation for Evaluation of Eligibility. The Board requires supporting documentation to prove compliance with Section The documentation must either be the original or a copy certified by the issuing institution. All documents submitted become property of the Board and will not be returned. The Board requires the following documents: 1.) official transcripts from every law school attended; 2.) certified degree certificate if the official transcript does not clearly state the degree awarded and/or the date awarded; 3.) proof of completion of the educational requirements for admission to the foreign country s practice of law; and 4.) a written statement verifying the schools were accredited during time of study. Additional documentation may be required, such as supplements to the official transcript or an English translation, to prove fulfillment of Section requirements. Step 4: Take the Multistate Professional Responsibility Exam (MPRE). You must take the MPRE before you will be admitted to New York s bar. The MPRE may be taken before or after the bar exam. However, the MPRE may not be taken more than three years before sitting for the bar exam. A passing score of 85 on the MPRE is required. The MPRE is offered three times a year, in March, August and November. The exam is administered by the National Conference of Bar Examiners (NCBE), and more information about the MPRE may be found at Step 5: Complete the Bar Exam Application. Applications must be submitted during the application filing period, usually a thirty-day period. Information regarding the application filing periods; the process for applying via mail, phone, or online; and additional bar exam information may be found at the New York State Board of Law Examiners website: 2

3 Step 6: Prepare for the Bar Exam. A preparatory course is not required to take the bar exam. However, it is strongly encouraged that students take a commercial bar review course before sitting for any bar exam. The bar review course will provide detailed reviews of subjects tested on the bar exam as well as practice exams. During the school year, representatives from the commercial bar review courses will periodically set up information tables. Please note that the Career Center and the University of Minnesota Law School do not endorse any particular bar review course. Step 7: Take the Bar Exam. A total weighted scaled score of 665 is required to pass the bar exam. Step 8: Complete an Application for Admission/Character and Fitness Investigation. After taking the bar exam, the New York Supreme Court, Appellate division, will send you an application form that will be the basis for the investigation into your character and fitness to practice. The Board must be satisfied of your character and fitness before being admitted to the bar. The application will ask questions related to past employment, other bar admissions, criminal record, child support, financial defaults, etc. The application also requires submission of two affidavits of good moral character, employment affidavits or letters, and a form certificate from the University of Minnesota Law School. Lastly, you will be required to interview with the Appellate Division Committees on Character and Fitness before you may be admitted to the bar. Additional information regarding the application for Admission/Character and Fitness Investigation may be found at click on Multi-Department Admission Packet. California Bar Exam The California state bar exam 3 lasts three days and is offered twice a year, in July and February. The first day of the exam consists of three essays in the morning and one performance test in the evening. On the second day, test takers complete 200 Multistate Bar Exam (MBE) questions over six hours. The third day is comprised of three essays and one performance test. The six essay questions over the three days cover various topics including: business associations, California community property, and California professional responsibility. The two performance tests examine test takers basic lawyering skills, such as writing a memorandum of law. Additional information regarding California s bar exam components may be found at Step 1: File a Registration Application. An approved registration application must be on file no later than 10 days after submitting the application for the bar exam. Law students confident that they will be taking the California bar exam should apply as soon as possible. Please note that completing a registration application is not an application to take the California bar exam. In addition, all applicants when applying for the California bar exam must have a social security number. However, foreign-educated law school applicants may be exempted from the social security number requirement by completing a Request for Social Security Number Exemption Required for 3 This is a general guide regarding steps to take when contemplating taking the California state bar exam. Please visit for specific information regarding California s bar exam. The steps outlined in this guide are those recommended by the California Bar Examiners at: 3

4 Admission to Practice Law in California form. Additional information may be found: click on Register with the State Bar. Step 2: Determine Your Eligibility. Foreign-educated applicants are required to contact the Office of Admissions regarding eligibility: In general, applicants fulfill the legal education requirements if the applicant: 1.) graduated from ABA-approved law schools or Committee-accredited; or... 2.) met the requirements for a legal education in the applicant s foreign country or state. 4 California requires applicants to take the First Year Law Student exam. However, this exam may be waived if the applicant has satisfactorily completed 5 : 1.) at least two years of college work, as defined by the rules; and 2.) the first-year course instruction: a. at an ABA-approved or a Committee-accredited law school; and b. the law school has advanced the person to the second year of Instruction, regardless of probation; or c. exempt due to study in a foreign law school. Step 3: Complete the Bar Exam Application and Submit Proof of Law Study. All law schools that an applicant attended must certify that the applicant meets California legal education requirements. The law schools must also submit a certified law school transcript that shows completion of the LL.M. degree. You may apply for the California bar exam at click Apply for the Bar Exam. Step 4: Take the Multistate Professional Responsibility Examination (MPRE). A separate application for the MPRE must be completed. The MPRE can be taken before or after the bar exam, but the exam is required before you will be admitted to the California state bar. A passing score of is required. The MPRE is offered three times a year, in March, August and November. The exam is administered by the National Conference of Bar Examiners (NCBE), and more information about the MPRE may be found at Step 5: Prepare for the Bar Exam. A preparatory course is not required to take the bar exam. However, it is strongly encouraged that students take a commercial bar review course before sitting for any bar exam. The bar review course will provide detailed reviews of subjects tested on the bar exam as well as practice exams. During the school year, representatives from the commercial bar review courses will periodically set up information tables. Please note that the Career Center and the University of Minnesota Law School do not endorse any particular bar review course. Step 6: Take the Bar Exam. A scaled score of 1440 out of 2000 is required to pass the bar exam. 4 General Admissions Rules, Chapter 3, Rule Apply for the Bar Exam, STATE BAR OF CAL., (last updated Aug. 31, 2010). 4

5 Step 7: Apply for Moral Character Determination. To be admitted to the bar, the California Bar Committee must establish that you are of good moral character. The applications for a Determination of Moral Character may be submitted as soon as you have submitted an Application for Registration. Additional information may be found at Step 8: Comply with California Court-Ordered or Family Support Obligations. You must also be in compliance with any court-ordered child or family support before you will be sworn into the California state bar, unless you have obtained an appropriate release. 6 Other State Bar Exams In addition to New York and California, a few other states also allow foreign law school graduates to sit for that state s bar exam after obtaining an LL.M. from a law school approved by the American Bar Association (ABA). The ABA published a chart outlining in which states foreign-educated students are eligible to sit for that state s bar exam chart X, which can be found at Some additional states where foreign-educated LL.M. students may be eligible to take the bar exam include: Alabama. The Alabama state bar requires proof that you are eligible to practice in your foreign jurisdiction as well as successful completion of at least 24 semester hours of legal study in subjects that are covered by the Alabama bar exam. More information on the rules regarding Alabama bar admissions may be found at (main website) or New Hampshire. The New Hampshire Bar Association requires completion of a master s degree (e.g., LL.M.) from an ABA-approved law school as well as graduat[ion] from a law school in an English-speaking, common law country and pursued a course of study substantially equivalent to that of a law school approved by the American Bar Association More information regarding New Hampshire s rules of admission may be found at (main website) or Virginia. The Virginia bar examiners require a Dean s certificate from an ABA-approved Virginia law school that testifies the education you received is equivalent to that which is required at that law school. In addition, you will need to provide proof of your foreign legal education as well as your LL.M. degree. For more information regarding the rules for Virginia bar admission, please visit: (main website) or 6 Child Support State Licensing Match System, THE STATE OF BAR OF CA., (last visited Oct. 1, 2010). 7 NH Supreme Court Rule 42(4)(c). 5

6 As noted earlier, all state bar requirements mentioned in this guide are subject to change. Please contact that state s bar examiner for updated admission requirements. The state bar exams outlined in this guide are not necessarily the only bars that LL.M. students are eligible to sit for. Rather, please contact that state s bar examiner for questions regarding eligibility. 6