New York gives Priority to Local Law Schools for September Bar Exam
UPDATE: MAY 11, 2020
The New York Board of Law Examiners (BOLE) opened the Application Period for the September 2020 Bar Examination. As we previously covered, New York is one of many states that rescheduled its bar exam from July to September as a result of the COVID-19 pandemic and, as one of the largest bar exams in the country, is struggling with the best way to administer the exam while still adhering to social distancing recommendations.
The Board however also announced that for the first ten days (May 5 to May 15) applications will FIRST be accepted from first-time bar takers who graduated or will graduate in spring 2020 from one of the 15 law schools located in New York State. If there is seating available after May 15, then a larger group of applicants will be able to apply. It has also noted that the application period will open on May 5 and close on May 30.Â
Priority given to local law schools
The list of fifteen schools includes: Albany Law School, Brooklyn Law School, University at Buffalo School of Law, Benjamin N. Cardozo School of Law, Columbia Law School, CUNY School of Law, Cornell Law School, Fordham University School of Law, Maurice A. Deane School of Law at Hofstra University, New York Law School, New York University School of Law, Elisabeth Haub School of Law at Pace University, St. John’s University School of Law, Syracuse University College of Law, or Touro College Jacob D. Fuchsberg Law Center.
Harvard Law School Dean on allowing Out-of-State Law Students to take the NY Bar Exam
Many have opposed this decision, including Harvard Law School Dean John F. Manning ’82 who joined deans from 20 law schools across the country in a letter to the New York Court of Appeals advocating for measures to allow more students to take the New York bar exam while respecting public health concerns.
The letter mainly argues that the decision will negatively impact the many students who planned to take the New York exam, especially those who do not have the financial resources to wait longer for their license to practice law.
The International Lawyer also opposes the decision as it will negatively impact international students who usually have only ‘one shot’ at the Bar Exam before returning to their respective home countries. Already facing strict visas deadlines, this decision will simply add more pressure on those students.
Check our new 2020 UBE Bar Prep Outlines! Your Best Tools to Succeed on the Bar Exam.
Students encouraged to take the Bar Exam in different jurisdiction
“Given the constraints caused by the public health crisis, candidates are strongly encouraged to consider sitting for the UBE at a later date or in other jurisdictions that may be better positioned to accommodate test-takers.”- the New York State Board of Law Examiners stated on its website.
The New York Bar Exam is part of the Uniform Bar Exam (“UBE“), which is uniformly administered in 35 other jurisdictions. As such, New York also permits applicants to transfer their UBE scores from other jurisdictions, provided: (i) the applicant achieved a passing score on the UBE (266 or higher); (ii) the applicant has satisfied the educational requirements for admission by examination; (iii) the applicant has completed and passed the MPRE, the NYLC and the NYLE; and (iv) the applicant is over 21 years of age.
This possibility would then allow applicants who could not register for the New York September bar exam to sit for the UBE in another jurisdiction and then transfer his or her score to New York.Â
This comes with many downsides however: first, a candidate would have to qualify to sit for the UBE in the other jurisdiction. For LL.M students, this means going through the Advance Evaluation of Eligibility, which takes time to be determined. LL.M students usually have to send their application in October for a July Bar Exam. Going through this process again in a different jurisdiction will likely delay their registration.
Second, this approach would require the candidate to pay two sets of fees: one to apply to take the UBE in the other jurisdiction and then again when the candidate applies to New York on the basis of the out-of-state UBE score. More information about how to apply to New York with a transferred UBE score is available here.
Study Smarter and Make it The Last Time!
Could I engage in the limited practice of law until I am able to pass the bar Exam?
Yes, Chief Judge Janet DiFiore announced that she had approved a program to allow law graduates to engage in the limited practice of law before they are fully admitted. This program is available to all first time test takers, including both J.D. and LL.M candidates “irrespective of their graduation year” and would permit these candidates to practice under the supervision of a New York lawyer in good standing who has been admitted for at least three years. You can read more about the program here.
What to do now?
If you were planning on taking the New York bar exam, but think about taking the Bar in a different jurisdiction, here’s a few factors you should consider:
– Take the Bar exam in a jurisdiction with a similar pass score AND pass rate;
– Take the exam in a state with a lower number of COVID-19 cases, especially check if their convention center is temporarily used as a makeshift hospital;
– Take the bar exam in a less popular jurisdiction;Â
– Consider the travel costs to the jurisdiction;
– Consider where it is still possible to apply
It is quite a personal choice, but we are here to assist you and answer your question if you have any. We recommend the Minnesota bar exam if you want to sign up for the July Bar; and the Connecticut bar exam, currently scheduled for September 30, if you want the latest exam, thus giving you time to apply.Â
It is not an easy time, keep in mind that New York could open the application period to a larger group of applicant on May 15, 2020. If so you should probably give it a try!Â
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