U.S. Bar Admission Requirements
Bar Admission Requirements in Select U.S. Jurisdictions
A. INTRODUCTION
The following handout summarizes the bar admission requirements for select U.S. states, and provides students with a list of websites and resources to which they may have regard in determining the options available to them.
Requirements / California / District of Columbia/ Illinois (Chicago) / Massachusetts (Boston) / Michigan / New York /
Pre-Legal Education / Foreign law graduates with a first degree in law (i.e. JD) are not required to prove pre-legal education. / N/A / N/A / Graduation from high school or equivalent, and completion of work acceptable for a bachelor’s degree or equivalent. / Two years of college - at least 60 semester or 90 quarter hours. / N/A
Foreign Law Degree / Determination of educational equivalency is required for ‘general applicants’.[1] (The Committee of Bar Examiners posts a list of approved credential evaluation agencies on their website).
Foreign law graduates with a first degree in law are not required to pass or establish exemption from the First-Year Law Students’ Exam. / Graduates from law schools not approved by the ABA[2] cannot be admitted to write the Bar unless they complete additional study. See below. / Determination of educational sufficiency is required.[3]
**The Illinois Board of Admissions does not admit graduates of foreign law schools solely on the basis of educational equivalency. You must also be a licenced foreign lawyer with 5 years of legal practice. See below - admission as a lawyer. / Determination of educational equivalency is not required for graduates of common law programmes at Canadian law schools. Graduates in this category can sit the Massachusetts Bar Exam on the same basis as graduates of ABA-approved law schools. / The Board of Law Examiners has discretion to allow applicants with JDs from law schools not approved by the ABA to take the Bar Exam. Such applicants must petition the Board for a waiver of the Rule on approved legal education, and provide all required supporting documentation.[4] / For assessment of educational equivalency, applicants need to submit the Foreign Credentials Evaluation form, along with the necessary supporting documentation.
U of T Law students who have been ‘in residence’ for at least 5 semesters and have received the JD should be approved to write the NY Bar Exam.
Additional Study Required / All ‘general applicants’ with a foreign law degree must complete one year of legal education at an approved US law school, in areas of law prescribed by the Committee.
**See below - alternative basis for admission, as an “attorney applicant.” / In order to take the bar exam, law grads from non-ABA approved law schools must complete at least 26 semester hours of study at an ABA-approved law school in subjects tested on the bar exam. / N/A / Additional education is not required for graduates from common law programs at Canadian law schools. / N/A / The New York Board of Law Examiners regularly permits graduates of common law programs at Canadian law schools to write the Bar Exam without additional education which may otherwise be required.
Character and Fitness Standards / All applicants must receive a positive “moral character” finding on Application for Determination of Moral Character. / All applicants must submit a character and fitness application form. / All applicants must meet character and fitness standards and receive a favorable recommendation from the Character and Fitness Committee. / All petitions for admission are referred to the Board of Bar Examiners for a report on the character and fitness of the applicant. / The Standing Committee on Character and Fitness investigates and recommends whether applicants have the character and fitness for admission to practice. / For admission to the NY Bar, within three years of passing the Bar Exam, all applicants must submit supporting affidavits from reputable persons to the Committee on Character and Fitness.
State Bar Exam / The California Bar Exam includes six essay questions, two performance tests and the Multistate Bar Examination. / The D.C. Bar Exam includes six Multistate Essay Examination questions, two Multistate Performance Tests, and the Multistate Bar Examination. / The Illinois Bar Exam includes three Illinois essay examination questions, six Multistate Essay Examination questions, one Multistate Performance Test question, and the
Multistate Bar Examination. / The Massachusetts Bar Exam includes 10 essay questions and the Multistate Bar Examination. / The Michigan Bar Exam includes essay questions prepared by the Board as well as the Multistate Bar Examination. / The New York Bar Exam includes 50 multiple choice questions, five essay questions, one Multistate Performance Test, and the Multistate Bar Examination.
Dates Offered / Twice per year (February and July). Duration of 3 days. / Twice per year (February and July). Duration of 2 days. / Twice per year (February and July). Duration of 2 days. / Twice per year (February and July). Duration of 2 days. / Twice per year (February and July). Duration of 2 days. / Twice per year (February and July). Duration of 2 days.
Multistate Professional Responsibility Exam (MPRE) / Applicants must pass the MPRE prior to admission to the bar.
To avoid delays in the bar admissions process, applicants are advised to take the MPRE examination and obtain a passing score at least three months prior to the release of results from the California Bar Exam. / The MPRE Score Report must be included with the application to write the Bar Examination. / Applicants must pass the MPRE prior to admission to the bar. / Prior to filing an application to write the Massachusetts Bar Exam, applicants must have attained a passing score on the MPRE. / Applicants must pass the MPRE prior to admission to the bar. / Applicants must pass the MPRE prior to admission to the bar.
Additional Admissions Criteria / All applicants must be in compliance with California court-ordered child or family support obligations.
All applicants must also provide a Social Security Number or request an exemption. / The Petition for Admission must be recommended (signed) by a US attorney, and also accompanied by two letters of recommendation.[5] / Applicants must provide a certified handwriting specimen.
alternative basis for Admission –
Licenced &/or Practicing Lawyers / Foreign law graduates admitted to the active practice of law - in good standing - in any jurisdiction can apply to write the California Bar Exam as “attorney applicants“.[6]
Attorneys admitted to active practice in a US state for at least 4 years can write the Attorney’s Examination. All other ‘attorney applicants’ must write the standard California Bar Exam. / US attorneys who meet certain legal practice criteria are eligible for admission on motion.[7] / To be eligible to write the Illinois Bar Exam, foreign law graduates must have been licenced in their jurisdiction for at least 5 years, be members in good standing, and have actively practiced law for 5 of 7 years immediately preceding the application.[8]
US attorneys who meet certain legal practice criteria can apply for admission on motion.[9] / Lawyers who have actively practiced common law in the US or Canada for 5 of the 7 years preceding the application can apply for admission on motion.[10] / Attorneys who have actively practiced law in the US for 3 of the 5 years preceding the application may be eligible for admission without examination.[11] / US attorneys and attorneys licensed in common law countries who meet legal practice criteria are eligible for admission without examination.[12]
B. OVERVIEW OF BAR ADMISSION REQUIREMENTS IN THE USA
To access the Comprehensive Guide to Bar Admission Requirements produced by the ABA-National Conference of Bar Examiners (NCBE), refer to the website of the NCBE at http://www.ncbex.org/bar-admissions/.
Note: Bar admission requirements in the U.S. differ from state to state and change frequently. Refer to the individual state bar association for the most current information.
C. WEB LINKS FOR BAR ADMISSION INFORMATION
California
· http://www.calbar.ca.gov/
· http://admissions.calbar.ca.gov/Education/LegalEducation/ForeignEducation.aspx (foreign legal education)
· http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=1tegD1eQse0%3D&tabid=2267 (Guidelines for Implementation of Chapter 2, Rule 4.30 of the Admissions Rules)
· http://admissions.calbar.ca.gov/Portals/4/documents/Education/Credential_Evaluation_Services-R.pdf. (credential evaluation agencies)
District of Columbia
· http://www.dccourts.gov/
· http://www.dccourts.gov/internet/appellate/admincommittee/main.jsf (admissions)
Illinois
· www.ILBarAdmissions.org
· https://www.ilbaradmissions.org/information-and-applications (Board of Admissions)
· https://www.ilbaradmissions.org/appinfo.action?id=3 (admission of foreign graduates)
Massachusetts
· http://www.mass.gov/bbe/
· http://www.mass.gov/bbe/foreigneducated.pdf (foreign educated graduates; Rule VI.7 Canadian Law Schools)
· http://www.sjccountyclerk.com/admissionbyexam.html (admission by examination)
Michigan
· http://courts.michigan.gov/supremecourt/BdofLawExaminers/index.htm
· http://www.michbar.org/professional/byexam.cfm (admission by examination)
New York
· http://www.nybarexam.org/
· http://www.nybarexam.org/foreign/foreignlegaleducation.htm (foreign legal education)
For other states, see the link to each state bar admission office on the website of the National Conference of Bar Examiners: http://www.ncbex.org/bar-admissions/.
D. MULTISTATE EXAMINATIONS AND TESTS
The Multistate Bar Examination (MBE) is a six-hour long, 200-question multiple choice examination developed by the National Conference of Bar Examiners. MBE questions cover constitutional law, contracts, criminal law and procedure, evidence, real property and torts. For further information, see: http://www.ncbex.org/multistate-tests/mbe/.
The Multistate Essay Examination (MEE) developed by the NCBE has nine 30-minute questions that include three questions from constitutional law, contracts, criminal law and procedure, evidence, real property, and torts, and six questions from business associations, conflict of laws, family law, Federal Civil Procedure, trusts and estates, and Uniform Commercial Code. State and district bars that use the MEE can select how many and which of the nine questions they would like to use. For further information, see: http://www.ncbex.org/multistate-tests/mee/.
The Multistate Performance Test (MPT) developed by the NCBE includes two performance test questions. As is the case for the MEE, the state and district bars that apply the MPT can select which of the questions to use. Each test case includes a file with the facts of the case and case materials, as well as a library of case law, statutes and regulations. The test assignment is described in a memorandum from a supervising attorney. For further information, see: http://www.ncbex.org/multistate-tests/mpt/.
The Multistate Professional Responsibility Exam (MPRE) - a 60 question, multiple choice examination – is administered by the American College of Testing on behalf of the NCBE. The MPRE is offered three times per year in March, August and November. To register online or for further information about the MPRE, see: http://www.ncbex.org/multistate-tests/mpre/.
Passing scores for the multistate exams and tests are determined by each state or district bar. For more information, consult the relevant bar admission website. Statistics on bar examinations and admissions are available at: http://www.ncbex.org/bar-admissions/bar-examination-and-admission-statistics/.
E. ADMISSION ON EXAMINATION vs. ADMISSION ON MOTION
Under the general admission procedure – ‘admission on examination’ – applicants are expected to write all of the requisite exams and tests in order to qualify for admission to the state or district bar.
A number of state and district bars also provide for the ‘admission on motion’ (also referred to as ‘admission without examination’) of licensed practicing attorneys from other jurisdictions, according to the criteria prescribed by each bar. Attorneys who are admitted to the bar ‘on motion’ are relieved of the need to write the state bar exam. However, they are generally expected to write the Multistate Professional Responsibility Exam if they have not done so already.
The CLCDN would like to thank the Career Development Office at the University of Toronto Faculty of Law for the information contained in this guide.
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CLCDN Shared Resource Collection: U.S. Bar Admission Requirements
[1] A “general applicant” is an applicant who has not been admitted as an attorney to the practice of law in any jurisdiction.
[2] The law schools approved by the ABA are all situated in the USA: http://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools.html.
[3] In determining whether the education is sufficient – under Rule 715 for graduates of foreign law schools – the Illinois Board of Admissions may consider the jurisprudence of the country, the curriculum and course of studies completed, accreditation of the law school, subsequent legal education, and bar admission in the US.
[4] See State of Michigan Board of Law Examiners Rule 2, Policy Statement 2(B)(2) Graduates of Non-Approved Law Schools at: http://courts.michigan.gov/supremecourt/BdofLawExaminers/BLE%20Rules,%20Statutes,%20and%20Policy%20Statements.pdf#page=7.
[5] For more information on the documents required for admission, see the Supreme Judicial Court website at: http://www.sjccountyclerk.com/filinginstruwhatforms.htm.
[6] An “Attorney Applicant” is an applicant who is or has been admitted as an attorney to the practice of law in any jurisdiction (US or foreign). For more information, see the State Bar of California website at: http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=MK-p_BBvcAE%3d&tabid=265.
[7] D.C. App. Rule 46(c)(3).
[8] Illinois Supreme Court Rule 715. Admission of Graduates of Foreign Law Schools at http://www.state.il.us/court/SupremeCourt/Rules/Art_VII/ArtVII.htm#Rule715.
[9] Illinois Supreme Court Rule 705.
[10] Supreme Judicial Court Rule 3:01, Section 1.2 at: http://www.mass.gov/bbe/barrules.pdf.
[11] State of Michigan Board of Law Examiners Rule 5. Admission Without Examination.
[12] Section 520.10 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, at: http://www.nybarexam.org/Rules/Rules.htm.