Foreign Legal Education

Foreign Legal Education
office (518)
453-5990
fax (518) 452-5729
TTY: Call 711 (nyrelay.com)
Phone Hours: Monday - Friday 8:30am – 4:30pm Eastern Time
BOLE Home
BOLE Account
UBE / NYLC / NYLE FAQ's
Admission Information
Application by Transferred UBE Score
Bar Exam Eligibility
Bar Exam Information
Bar Exam Statistics
Change of Address
Dates of Exams and Deadlines
Exam Day
References & Security Policy
Foreign Legal
Education
Forms
Mandatory 50-Hour Pro Bono Rule
Misconduct Policy
MPRE
NYLC / NYLE Course Access & Materials
Other Links
& Contact Information
Past Bar Exam Questions & Answers
Past Bar Exam Results
Press Releases and Reports
Pro Bono Scholars Program
Proctor Information
Reciprocity / Motion Information
Rules and Regulations
Skills Competency Requirement for Bar Admission
Study Guides for UBE and MPRE
Test Accommodations
Test Sites
Foreign Legal Education
I. INTRODUCTION
Section 520.6 of the Rules of the Court of Appeals for the
Admission of Attorneys and Counselors at Law (22 NYCRR 520.6)
contains the eligibility requirements for applicants who wish to
qualify for the New York State bar examination based on the study of
law in a foreign country. Compliance with the requirements of
the Rules of the Court of Appeals must be proven to the satisfaction
of the Board before an applicant may be permitted to sit for the bar
examination. Therefore, applicants should carefully review Rules
520.6 before applying to sit for the New York State bar
examination.
II. ADVANCE EVALUATION OF ELIGIBILITY
To establish eligibility for the bar examination, all first-time applicants under Rule 520.6 must request an advance evaluation of their eligibility before they file an application for the bar examination. You will need to create a BOLE Account. Carefully review Rule 520.6 and the information located below before creating a BOLE Account (see BOLE Account in the menu on the homepage). You will need a valid email address and a valid NCBE Number to create a BOLE Account. After you create your BOLE Account you may access the Request for Foreign Evaluation Form by logging into your BOLE account in the Applicant Services Portal and scrolling down to the section for Foreign Evaluation Form. Upon submission of the Request for Foreign Evaluation Form you will be required to submit all of the supporting documentation listed below in Section VI.
III. DEADLINES FOR REQUESTING ADVANCE EVALUATION OF
ELIGIBILITY
A.
Applicants
requiring an LL.M. to qualify for the examination.
If
you need to “cure” a deficiency in your foreign legal education by
completing an LL.M. degree at an approved law school in the United
States, you MUST seek an Advance Evaluation of Eligibility from the
Board. Because of the volume of these applications,
their complexity and the frequent need to communicate with these
applicants and request more information concerning their
eligibility, it can take up to six (6) months from the date of the
Board’s receipt of all required documentation for an eligibility
decision to be made. While we encourage applicants to seek an
evaluation at least one year in advance of taking the bar exam, to
ensure that you receive a timely decision on your eligibility, the
Board requires that you submit all documentation by the following deadlines:
EXAM
DOCUMENTS
DEADLINE
FEBRUARY
Online Foreign Evaluation AND all
Required Foreign Documentation
May 1
of the year
preceding the exam you wish to sit.
JULY
Online Foreign Evaluation AND all
Required Foreign Documentation
October 1
of the year
preceding the exam you wish to sit.
B. Applicants Qualifying for the Bar Exam
Without the Need for an LL.M. Degree from a U.S. Law School.
For your personal planning purposes, and to ensure that you receive
a timely decision on your eligibility, the Board strongly encourages
you to complete the online Foreign Evaluation Form AND submit all
required supporting documentation at least six months prior to the
first day of the application period of the examination you plan to
take. If you are unable to meet this six month timeframe, the
following deadlines will apply:
EXAM
DOCUMENTS
DEADLINE
FEBRUARY
Online Foreign
Evaluation
October 31
Required Foreign
Documentation
January 15
JULY
Online Foreign
Evaluation
March 31
Required Foreign
Documentation
June 15
C.
The Board will not commence
review of any request for an evaluation for any applicant requiring
an LL.M. degree until it is in receipt of all required foreign
documentation. Such applicants should
allow at least six months from the date of the Board’s receipt of
all of the necessary documentation for a decision to be made.
D. We strongly advise applicants
requiring an LL.M. degree to wait until you have received a
determination on your Request for Evaluation before submitting an
application to sit for the examination and paying the $750
application fee.
E.
If an LL.M. applicant submits
an application to sit for the bar examination (and thus pays the
$750 application fee)
prior to receiving a determination of
eligibility,
such applicant does so at their own risk
in that the $750 application fee will
not be refunded or
credited if a determination cannot be made in time for such exam or
if it is later determined that the applicant is ineligible.
F.
To request an evaluation of
your credentials, click on the link located at the bottom of this
page to create an online account. Upon creation of the account, you
will be assigned a unique BOLE Identification Number which you must
use for all correspondence and applications with the Board. However,
we encourage you to carefully review all of the following
information before completing the online Foreign Evaluation form.
IV. SYNOPSIS OF REQUIREMENTS UNDER RULE 520.6
A.
Rule 520.6 (b) (1)
(most applicants will be applying under this provision)
has
four major eligibility requirements:
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.
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.
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 following: (a) 83 credit hours in law courses must be required for graduation; (b) at least 64 of the 83 credit hours must be earned by attendance in regularly scheduled classroom courses at the law school; (c) a minimum of 700 minutes in instruction time, exclusive of examination time must be required for the granting of one credit. No credit shall be permitted for distance education courses, online courses, correspondence courses, or coursework offered on digital format or other media.
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.
B. Rule 520.6 (b) (2)
(English
Common Law based on a combination of law school and law office study) has four major
eligibility requirements:
Admission to practice law in a foreign
country whose jurisprudence is based upon the principles of the
English Common Law.
Admission is based on a program of study in a
law school and/or law office that is recognized by the competent
accrediting agency of the government of such other country.
The combination of the law school and law
office programs of study must be durationally equivalent under
Rule 520.6 (b) (1) (i) (a).
Applicant must successfully complete a full-time or part-time LL.M. degree program at an approved law school in the U.S. under the “cure” provision of Rule 520.6 (b) (1) (ii).
NOTE:
Applicants from English Common Law jurisdictions who followed the "conversion route" by completing the Graduate Diploma in Law (GDL) and the Legal Practice Course (LPC) for Solicitors or the Bar Vocational Course for Barristers must qualify under Court Rule 520.6 (b) (2). Applicants who followed this course of study do not satisfy the durational and substantive requirements under Court Rule 520.6(b)(1). The fact that a foreign law school may combine the GDL and LPC and call it an LL.B. does not change how the applicant's eligibility is viewed by the Board and such applicants must comply with the requirements in Court Rule 520.6(b)(2). Pursuant to Court Rule 520.6(b)(2) the applicant must provide proof that their combined law study and training contract (i.e., articles) satisfies the durational equivalency requirements. The applicant must also furnish proof of admission in the foreign jurisdiction and proof of having successfully completed an LLM or Master of Laws
degree program at an approved law school in the United States pursuant to the “cure” provision.
V. “CURE” PROVISION (Rule 520.6 [b] [1] [ii] and
520.6 [b] [2]).
An applicant, 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). On April 27, 2011, the New York Court of Appeals
amended Rule 520.6 (b). Most provisions of the amended Rule do not apply to
programs in effect
prior
to the 2012-2013 academic
year. The following is a synopsis of how the Board of Law Examiners
interprets and applies the “cure provision” for (A) programs
completed or commenced
prior to
the 2012-2013
academic year and (B) programs
commenced in or after
the
2012-2013 academic year.
A. PROGRAMS COMPLETED OR COMMENCED PRIOR
TO THE 2012-2013 ACADEMIC YEAR
Applicants who completed an LL.M program prior to the
2012-2013 academic year may cure the durational or substantive deficiency
(but not both) by presenting proof that the applicant successfully completed a full-time or part-time
program consisting of at least 20 semester hours of credit, or the
equivalent, in professional law subjects, including basic courses in
American law, in an approved law school in the United States.
B. PROGRAMS COMMENCED DURING OR AFTER THE 2012-2013
ACADEMIC YEAR
Applicants enrolled in a program commenced during or after
the 2012-2013 academic year may cure the durational or substantive
deficiency (but not both) by obtaining an LL.M. degree (Master of
Law) at an ABA-approved law school in the United States.
LL.M. degree.
Applicants who
commenced a program during or after the 2012- 2013 academic year must
successfully complete the requirements of and be awarded an
LL.M. degree within 24 months of matriculation. A completed
transcript showing that a qualifying LL.M. degree was awarded
will be required before an applicant is qualified to sit for the
bar exam.
Minimum of 24 Semester Hours of
Credit.
For applicants who commenced a program in or after the 2012-2013 academic year, the LL.M. degree program must consist of a minimum of 24 semester hours of credit. All 24 credits (except as otherwise permitted) must be in courses requiring classroom instruction (see paragraph 8 below for impermissible coursework) with a minimum of 700 minutes of instruction time per credit, exclusive of examination time. No distance education is permitted. If an applicant did not successfully complete 24 semester hours of credit during their LL.M. degree, in compliance with Court of Appeals Rule 520.6(b)(3)(i), the applicant may either petition the Court for a waiver of strict compliance under Rule 520.14, or the applicant may cure the deficiency by taking the missing credits on a non-degree basis at an ABA-approved law school in the United States. For example, if an applicant only took 22 credits in their LL.M. program because they did not initially plan on taking the New York bar exam,
or the applicant took 24 credits but one or more credits were disqualified by the Board of Law Examiners, the applicant may take the additional credits on a non-degree basis at an ABA-approved law school in the United States without having to petition the Court for a waiver.
Period of Instruction.
For
applicants who commenced a program in or after the 2012-2013 academic
year, the LL.M. degree program must take place over at least two
(non-summer) semesters of at least 13 calendar weeks each, or
the equivalent, exclusive of reading periods, examinations and
breaks. The program cannot be completed exclusively during
summer semesters; however, a maximum of four credits may be
earned in summer courses.
Approved Law School.
Approved law school means a United States law school approved by
the ABA. Please note that the Board cannot recommend a
particular law school nor does the Board maintain a list of
schools that offer programs that will satisfy Rule 520.6. You
may consult the ABA's Section on Legal Education and Admissions
to the Bar at their website (
) to obtain a list of ABA- approved law schools.
All coursework to be completed in the
United States.
All coursework must be physically
completed at the campus of the ABA-approved law school in the
United States. ANY course taken at a law school’s campus in a
foreign country does NOT qualify toward the 24-credit
requirement for the LL.M. degree. No credit is allowed for
distance, correspondence or external study or for an on-line
program or course.
Required Coursework.
For
applicants who commenced a program in or after the 2012-2013 academic
year, the LL.M. degree program must include: (i) at least two
semester hours of credit in professional responsibility, (ii) at
least two credits in a legal research, writing and analysis
course (which may NOT be satisfied by a research and writing
requirement in a substantive course), (iii) 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,
and (iv) at least six credits in subjects tested on the New York
bar examination.
Permissible Coursework.
For
applicants who commenced a program in or after the 2012-2013 academic
year, the LL.M. degree program may include: (i) credits in clinical courses and
(ii) a maximum of six credits in other courses related to legal
training (so long as the course is taught by a faculty member at
law school awarding the LL.M. or an affiliate school and the
course is completed at a campus in the United States).
Impermissible Coursework/Credit.
Applicants may not count credits in any type of bar review or
preparation course, “independent study”, directed study,
research papers or projects toward the 24
semester hours of credit required to qualify for the bar exam.
Exchange Credits/LL.M. Programs.
An applicant who completes an exchange program at a U.S. law
school may not count the credits earned in the exchange program
toward both the foreign law degree and the LL.M. degree. If an
applicant who attended a U.S. law school on exchange
subsequently returns to the U.S. to complete an LL.M. degree,
the applicant may not count the credits awarded during the prior
exchange program toward the LL.M. degree. The applicant must
complete a thorough and continuous program of study for the
LL.M. degree that consists of a minimum of 24 credit hours and
no fewer than two semesters of at least 13 calendar weeks each.
However, exchange students who return to the U.S. to complete an
LL.M. degree are permitted to apply courses taken on exchange
toward the LL.M. program requirements of Rule 520.6(b)(3)(vi).
For example, an exchange student who completes a two-credit
“legal research, writing and analysis” course, as required under
Rule 520.6(b)(3)(vi)(b), is not required to retake that
course as part of the LL.M. program but the student may not
count the course towards the 24 credit hours required to qualify
to sit for the bar exam.
Failure to Complete Courses Required
Under Rule 520.6(b)(3)(vi)
. If an applicant (or
prospective applicant) for the bar examination failed to
complete one or more of the courses required under Court of
Appeals Rule 520.6(b)(3)(vi) during their LL.M. degree program
the applicant may take the missing course(s) on a non-degree basis
at an ABA-approved law school in the United States. Those
courses must meet the other requirements of Rule 520.6 (i.e.
they must be completed at the U.S. campus of the ABA-approved
law school, a minimum of 700 minutes of instruction time must be
required for the granting of one credit hour, and the coursework
cannot be done via distance education). If the applicant has not
returned to an ABA-approved law school in the U.S. to take the
missing courses then the applicant will need to submit a
verified petition to the Court of Appeals seeking a waiver of
the requirement(s) and permitting the applicant to sit for the
bar examination (See Court of Appeals Rule 520.14).
VI. SUPPORTING DOCUMENTATION
A.
All supporting documentation must come directly from the issuing school, institution and/or government agency in a sealed envelope bearing the name, emblem, embossed stamp and/or logo of such school, institution or agency.
B.
The documentation must
consist of originals or copies certified directly by the issuing
school or institution.
C.
Faxed copies, photocopies
certified by a notary public, and/or photocopies certified by anyone
other than an official at the issuing school or institution will NOT
be considered.
D.
All documentation and
correspondence should contain applicant’s BOLE identification
number.
E.
All documents become the
property of the Board and will not be returned.
F.
Do NOT send in any documents
before you complete the online foreign evaluation as the Board does
not retain documents that cannot be linked to an active BOLE
account.
G.
Do NOT send your documents in
the same mailing envelope as another candidate.
VII. REQUIRED DOCUMENTATION
A. Rule 520.6 (b) (1) applicants (i.e.,
MOST foreign-educated applicants):
Official Transcript(s).
Submit a final, official transcript directly from every law
school attended that includes the dates of attendance for each
period of study, the courses taken and passed for each period of
study, the grades, the number of credits, the degree awarded, and the date the degree
was awarded.
Degree Certificate.
If the
official transcript does not clearly state the degree awarded
and/or the date such degree was awarded, you must also furnish
the degree certificate.
Proof of fulfillment of the
educational requirements for admission to the practice of law in
the foreign country.
(a) If you are admitted to practice law in a foreign country, attach a copy of your admission certificate, OR
(b) If you are not admitted to practice law in a foreign
country, submit proof of the educational requirements for
admission to practice law in your country and proof from the bar
admission authorities that you have fulfilled these
requirements.
Accreditation.
Submit a
written statement from the competent accrediting agency of your
foreign government that the law school or schools you attended
were recognized by them as qualified and approved throughout
your period of study.
Applicants relying on the cure provision must have their LL.M. law school submit the LL.M. transcript and the LL.M. Certificate of Attendance Form (COA Form) electronically through the Board’s law school portal. The Board no longer accepts paper copies of the LL.M. COA and transcript from the law schools.
B. Rule 520.6 (b) (2) applicants (combination of law
school and law office study in an
English Common Law):
Admission certificate from the competent
accrediting agency of the government of the foreign
jurisdiction.
Official transcripts of the law school
programs confirming the dates of attendance and successful
completion of the program(s).
A certificate or written statement verifying
the successful completion of the law office study (i.e.,
clerkship or articles) and the dates of the employment.
LL.M. Certificate of Attendance Form and an
official transcript from the United State law school.
VII
I. ADDITIONAL DOCUMENTATION (if required):
A. Supplement to transcript.
If
the Board determines that your official transcript does not confirm
that your legal education complies with the durational and
substantive requirements of Rule 520.6 (b) (1), additional
documentation from your law school will be required. You will be
advised if such additional documentation is needed.
Proof of durationally equivalent
legal education.
Rule 520.6 (b) (1) requires successful completion of law school
study that is at least substantially equivalent in duration to
the legal education provided at an ABA approved law school in the U.S. (including at least 83 credits in law courses, 64 of which must be earned by attendance in regularly scheduled classroom courses).  If
your official transcript does not clearly confirm that your law
degree was based on classroom study that is substantially
equivalent in duration to the number of credits and minutes of
instruction discussed above, then it will be
necessary for you to provide a written statement from your law
school or schools confirming the total number of credits and
minutes of instruction per credit that were successfully completed during your program of study.
Proof of substantively equivalent
legal education.
Rule 520.6 (b) (1) (i) (b) requires successful completion of law
school study that is substantially equivalent of the legal
education provided by an approved law school in the United
States. If your official transcript does not clearly confirm
that your law school study is substantially equivalent of the
legal education provided by an approved law school in the United
States, then it will be necessary for you to provide from your
law school or schools any additional documentation as requested
by the Board.
B. English translation.
If the law school transcripts, degree certificate, or any other paper submitted is not in English it shall be accompanied by an English translation that is duly authenticated by a certified translator which includes a statement by the translator setting forth the translator's qualifications and certifying that the translation is accurate. Translations made by the applicant or a third party who is not a certified translator (even if the third party is fluent in a particular language) will not be accepted. Translations may be mailed to the Board under separate cover and need not come directly from the issuing school or university. If you do not have a copy of the transcript from which to produce an English translation, then you should order a second original from your school – one original to be sent directly to the Board and one for the translator.
Disclaimer
Links to other sites, or links to this site by any
other sites, do not imply any endorsement of, or relationship with, such
other sites