Bar Admission
Because the LL.M. in Intellectual Property Program is not intended to be a preparatory program leading to the practice of law in the United States, LL.M.’s are expected to return home after completing their studies.
NY Bar Exam
A number of LL.M.’s, however, do take the New York Bar examination each year. Each of the fifty states has its own criteria and procedures for admitting lawyers to practice; achieving the LL.M. degree does not qualify international lawyers to apply for admission to take the bar examination in every state or to practice law in every state. Because of frequent changes in requirements, foreign lawyers should seek information by contacting directly the board of bar examiner of the state in which they wish to practice.
The Office of Graduate and International Programs prepares a memorandum that provides comprehensive details about the NY Bar Exam for BU Law LL.M. students who received their legal education abroad.
BU Law Graduate Programs Memo on the NY Bar
While everything you need to know is in that memo and at the NY Board of Law Examiner’s web site at http://www.nybarexam.org/, here is a list of frequently asked questions:
Bar Exam Frequently Asked Questions
1. Should I try to take the NY Bar exam, if I am otherwise qualified?
2. Will passing the NY bar exam help me get at job in the U.S.?
3. What are my chances of passing?
4. When do I need to decide whether to take the NY bar exam?
5. What process must I follow to apply to take the NY bar exam?
6. Am I qualified to sit for the NY bar exam?
11. I notice that I need to provide “Proof of admission to practice in the foreign country or, if not admitted to practice law in the foreign country, then . . . satisfactory proof that [I] successfully completed the educational requirements for admission to practice in the foreign country.” How do I do that?
12. What type of letter will I receive back from NY indicating that I may qualify to take the exam?
13. How do I submit proof of my successful completion of my program of study BU Law?
15. If I submitted an early Eligibility Request, when should I expect to hear back from the NY Board of Bar Examiners? Should I be worried if I don’t hear back later in the spring?
16. What happens if I don’t request an early evaluation of my eligibility?
17. Besides NY, what about other states might I qualify for?
18. How do I prepare for the Bar Exam?
19. Are there specific classes I should I take at BU Law to help me pass the bar exam?
20. What is the MPRE? Do I have to take it?
21. When will I find out if I passed the bar exam or not?
1. Should I try to take the NY Bar exam, if I am otherwise qualified?
Each year, a significant number of our foreign-trained graduating LL.M. students who are qualified to take the NY bar exam do so. Their reasons vary and include such motivations as (1) obtaining the globally-recognized credential U.S. bar membership to support their self-marketing efforts back home; (2) seeking a comprehensive summary of U.S. doctrine; (3) obtaining partial relief from other countries’ bar requirements (i.e., the Paris bar); (4) receiving a “licensed lawyer” degree if one is not licensed in one’s home country, to support overseas law firm job opportunities; and (5) for U.S. citizens or permanent residents, obtaining a necessary credential if one intends to practice law in New York. N Y bar membership carries different weight overseas, depending on the foreign job market; some markets value it highly as a distinguishing credential, others less so. Ultimately, you need to decide whether the time and cost of preparing for the test is worth your while in light of how the credential is regarded in your firm, company, local market and target employers.
2. Will passing the NY bar exam help me get at job in the U.S.?
If an employer has an interest in hiring you, it will be for your foreign credentials, background and experience – not necessarily because you passed the NY bar. In the U.S., employers often make job offers with the expectation that the candidate will pass the state’s bar exam, if he or she has not already done so. While being a member of the NY bar will certainly not hurt a U.S.-based job search, it will not -- by itself – necessarily “open any doors” to U.S. employment or “create an opportunity” where one does not otherwise exist.
3. What are my chances of passing?
For most foreign-trained LL.M. students, passing the NY bar exam is closely related to (1) their English proficiency; (2) their ability to memorize and absorb an enormous quantity of foreign (and new) legal rules; and (3) how diligently they prepare. About 54 percent of foreign-educated candidates taking the NY bar exam for the first time in July 2008 passed the test. Students should refrain from comparing “LL.M. passage rates” among U.S. law schools because LL.M. programs, including BU Law’s programs, are generally not designed to prepare students for the bar exam. Further, the myriad variables that impact success rates render meaningless any statistical comparisons.
4. When do I need to decide whether to take the NY bar exam?
You do not need to decide whether to take the bar exam until it is time to apply at the end of March. If you are unsure, it is best to arrange your courses so you qualify to take the exam (and, thus, at least have the option to apply.)
5. What process must I follow to apply to take the NY bar exam?
In general, the process involves the following: (1) determining whether you are qualified to take the exam; and (2) completing the required application forms by the stated deadline. These steps are explained in the memorandum and at the New York Board of Law Examiners (BOLE) website.
6. Am I qualified to sit for the NY bar exam?
BU Law makes no representations or assurances that students who are admitted into or who complete the LL.M. program will qualify for the New York State Bar Exam or the bar examination of any other jurisdiction. That said, the Rules of the New York State Court of Appeals generally permit a person with an undergraduate law degree from most common law countries to take the bar examination, depending on the length and nature of his or her legal education. Students whose first law degree is from other countries (i.e., civil law jurisdictions) and who have earned graduate law credits while studying law in the United States may also qualify to take the NY bar examination.
In general, the rules provide that law graduates from non-common law backgrounds who have received a first degree in law upon at least three years of full-time study must, in order to qualify to take the exam, complete a minimum of 20 credits at a U.S. law school in professional law subjects (taught law courses and seminarsin a classroom with a professor). The American Law Program, which is 24 credits, can be used as a means to satisfy this coursework requirement. Please note that clinics, externships, and supervised research do not qualify as taught courses, so if you plan to take the bar exam make sure that you take at least 20 credits in taught courses and seminars.
One important point: Only the NY Board of Law Examiners (BOLE) (not BU Law or any other entity) can determine whether you are eligible to take the bar exam. You therefore need to contact the BOLE directly in order to have your foreign law degree evaluated for duration and substance, and to receive confirmation of the U.S. legal education requirements that will satisfy eligibility requirements for the bar exam.
You are responsible for reading and understanding the eligibility rules before you apply to take the exam. Read them at http://www.nybarexam.org/Foreign/ForeignLegalEducation.htm.
7. How do I contact the Board of Law Examiners to get “official” notice that I am eligible to take the bar?
The BOLE has published detailed instructions about how to receive official confirmation of your eligibility to take the exam at http://www.nybarexam.org/Foreign/ForeignLegalEducation.htm.
At this web page, you will find a Request for Evaluation of Foreign Academic Credentials Form. You are strongly advised to submit your Request for Evaluation at least six months in advance of the application filing period (i.e., September/October of the year prior to the July exam).
8. If I am in the LL.M. in American Law or Intellectual Property Law Program do I need to take any particular classes to qualify to take the NY Bar?
No, you don’t have to take any specific class or classes. However, as part of a program of 20 (minimum) credits, civil law-trained lawyers generally must take at least “two basic courses in American Law.” Two of the courses and seminarsthat make up those 20 credits must be in basic U.S. law subjects. The NY Court of Appeals has reviewed BU Law’s J.D. curriculum has communicated to us that the following classes count as “basic courses in American law ” for purposes of qualifying under Rule 520, which means you must take a minimum of two classes from the following list. (Note that one of the qualifying classes is the required LL.M. class,” Introduction to the American Legal System.”)
First Year Courses
Constitutional Law
Contracts
Criminal Law
Civil Procedure
Property
Legislation
Torts
Upper-Class Courses
Administrative Law
Antitrust Law
Banking Structure and Regulation
Bankruptcy & Creditors’ Rights
Children & the Law
Commercial Code
Commercial Law: Payments
Commercial Law: Sales
Commercial Law: Secured Transactions
Commercial Lending
Conflict of Laws
The Constitution & Foreign Affairs
Constitutional Theory
Consumer Law
Copyright Law
Corporations
Criminal Procedure: Adjudication
Criminal Procedure: Comprehensive
Criminal Procedure: Investigatory Process
Current Issues in Employment Law
Employment Discrimination/Employment Law
Environmental Law
Equitable Remedies
Evidence
Family Law
Federal Courts
Federal Habeas Corpus
Food & Drug Law
Immigration Law and Policy
Insurance Law
Intellectual Property
Introduction to the American Legal System
Introduction to Federal Income Taxation
Labor Law
Local Government Law
Mergers and Acquisitions
Patent Law
Professional Responsibility
Remedies
Securities Regulation
Taxation of Corporations and Shareholders
Trusts, Wills & Basic Estate Planning
Unfair Competition & Trademark
9. If I am in the Banking and Financial Law Program or the Graduate Tax Program, which of those programs’ classes count as qualifying classes?
In the Graduate Program in Banking and Financial Law, students must take the following courses to qualify for the NY bar examination: (1) Introduction to the American Legal System; and (2) Commercial Lending. Both are offered in the fall semester.
In the Graduate Tax Program, students must take (1) Introduction to the American Legal System (through the Banking program or the American Law Program); and (2) Federal Income Tax I and II through the Graduate Tax Program or Introduction to Federal Income Tax through the J.D. program.
10. I noticed that I need to submit copies of my foreign transcripts with my Eligibility Request letter. How can I get these?
It is your responsibility to obtain additional copies of your transcripts from your home law school if you plan to take the bar exam. The Office of Graduate and International Programs cannot make copies of your foreign transcripts, nor can we give you the copies we have on file. Sorry, but no exceptions will be made. We advise you to contact your home schools early in the fall semester if you did not arrive in Boston with extra copies (as we recommended in our pre-arrival memorandum).
11. I notice that I need to provide “Proof of admission to practice in the foreign country or, if not admitted to practice law in the foreign country, then . . . satisfactory proof that [I] successfully completed the educational requirements for admission to practice in the foreign country.” How do I do that?
Proof of admission to practice law in your home country can be made by showing a bar card, bar admission certificate or the certificate to practice law. We have been told that photocopies of bar cards are acceptable to submit. In the event that you completed your law studies but have not been admitted to the bar in your home country (e.g., graduated from law school but is still undergoing practical training, clerkship, articling, apprenticeship or have not attended a Legal Training and Research Institute in Japan or Korea, for example), then you should provide a letter or a written statement from your home country’s bar authorities that you have completed all the educational requirements needed for admission to the bar in that country. In the event that the admitting authorities in your country publish a list of degrees that qualify an applicant to sit for the bar, then you can furnish a copy of such list.
12. What type of letter will I receive back from NY indicating that I may qualify to take the exam?
The letter you receive will say that you are NOT NOW qualified but that you may qualify “upon presentation of proof of successful completion of a program of study 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.” This simply means that you need to complete your BU Law studies before you are qualified to take the exam. See this sample letter.
13. How do I submit proof of my successful completion of my program of study BU Law?
The letter says that “after you successfully complete the required program of study at an ABA approved law school in the United States, you must furnish a final official transcript before you will be permitted to sit for the bar examination.” You do this by completing a Transcript Request Form in our Registrar’s Office on the 4th floor, requesting the BU Law Registrar to send to NY your final BU Law LL.M. transcript. You must do this sufficiently in advance of NY’s June 15 deadline. Do it in the spring semester, in May.
14. What is the deadline for filing my application? How much does it cost to apply? Where can I learn about all the logistical details of the process?
All these logistical questions are answered at the BOLE’s website at http://www.nybarexam.org/Default.html.
15. If I submitted an early Eligibility Request, when should I expect to hear back from the NY Board of Bar Examiners? Should I be worried if I don’t hear back later in the spring?If you submit your request early enough in the fall, you can expect to receive a
letter from BOLE confirming your eligibility to take the bar examination (conditioned on your completing your current program of study) within about two months. Do not panic if you do not hear back within two months (while one of your classmates has). Sometimes candidates do not hear back from NY until quite late in the spring. If you submitted an early request and do not hear back by June, please let the OGIP know.
16. What happens if I don’t request an early evaluation of my eligibility?You can still apply to take the bar exam but you must submit your proof of eligibility (i.e., foreign transcripts, etc.) when you submit your official application and provide all needed supporting documents by the stated deadline. If the BOLE needs additional information, you might not have enough time to submit it before the exam, so there is a bit of risk involved.
17. Besides NY, what about other states might I qualify for?
For a summary of requirements to take the bar in each U.S. jurisdiction, including the rules governing applicants whose law degree is from a foreign school, see the Comprehensive Guide to Bar Admission Requirements published by the National Conference of Bar Examiners and the ABA Section of Legal Education and Admissions to the Bar, in particular the section on “Foreign Law School Graduates.”
- California: In general, California’s rules provide that if you are admitted as a lawyer and are in active status and good standing in a foreign jurisdiction, you may take its general bar examination. Information about “Attorney Applicants” is available at the California Bar web site at http://www.calbar.ca.gov/state/calbar/calbar_home.jsp.Massachusetts: *
- Massachusetts handles requests by foreign-educated lawyers to take the MA bar exam on a case by case basis. The very strong presumption is that if you are trained in a civil law system, you need to obtain a U.S. J.D. degree to qualify to sit for the exam. You must obtain a prior determination of your “legal education equivalency” from the Massachusetts Board of Bar Examiners (BBE). The rules state that “The foreign educated attorney has the burden to demonstrate that he or she has obtained a legal education equivalent to a juris doctor degree from a law school accredited by the ABA.” You must request an early review of your eligibility by writing directly to the Board of Bar Examiners and submitting the required documents specified on the web site at http://www.mass.gov/bbe/foreigneducated.pdf. We recommend that you do this before beginning your LL.M. studies since the BBE may require that you take certain classes.
18. How do I prepare for the Bar Exam?
The overwhelming majority of LL.M. (and J.D.) students prepare for the bar exam by taking a “bar preparation” program offered during the summer (June and July) by private companies. BU Law does not endorse any particular bar preparation company, though an number of companies will be present at BU Law during the school year. Some companies offer winter programs as well. We caution students against becoming distracted with bar preparation activities during the school year, to the point of jeopardizing their academic performances.
19. Are there specific classes I should I take at BU Law to help me pass the bar exam?This is probably the most frequently asked FAQ. Our advice, based on many years of experience, is that no single class or combination of classes will ensure your success on the exam. You should therefore choose classes based on your professional and personal interests, not because you expect your selection(s) to lead to bar success. There are too many variables beyond your chosen classes that will impact your chances of passing (namely, your English). Over the years, many LL.M. students who have taken the minimum number of qualifying classes (two) have passed the exam; and many students who have filled their study plans with only “bar” classes have failed. That said, our experience has been that civil-law trained LL.M. students have identified “Evidence” and “Property” as among the two more difficult topics to learn quickly, during a summer preparatory program.
20. What is the MPRE? Do I have to take it?
The Multistate Professional Responsibility Exam (MPRE) is a 60-question, two-hour-and-five-minute, multiple-choice examination administered three times each year, covering the rules of professional responsibility and ethics. You must pass this exam to be sworn into – and become an official member of – the New York Bar. The exam is offered three times a year: in November, March and August.
Most LL.M. students take the MPRE in March. We strongly advise students against taking it in November; you will be too busy adjusting to your (new) LL.M. studies in the fall semester and should avoid the distraction of preparing for the MPRE. You can also take it in August, after you take the NY bar exam. (Students who do not pass the MPRE in March can also re-take the exam in August.) The bar preparation companies offer lectures and materials to help you prepare for the MPRE. Information about the exam, including how and when to register, is at the National Conference of Bar Examiners web site: http://www.ncbex.org/multistate-tests/mpre/.
21. When will I find out if I passed the bar exam or not?
Generally, NY releases the results of the summer exam in mid-November, following the July test.