关于美国LLM 考NY BAR具体步骤和细节

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有同学问，在美国读完LLM，考NY BAR，要具体怎么操作。YALE LAW SCHOOL 准备了而一个非常好的文档，给自己准备考NY BAR 的LLM参考，现黏贴如下 http://www.law.yale.edu/documents/pdf/CDO_Public/LLMs_and_NY_bar.pdf

LLMs and the NY Bar Exam
Every year YLS has a few LLM students who decide to become licensed to practice law in the State of New York. These students typically take the NY Bar Exam for one of two reasons: either they have or hope to obtain a position with a New York legal employer or they believe that the credential will generally assist them in their future career endeavors. Not all New York employers will require that LLMs have the bar – for example, employers offering short-term internships do not typically require the bar admission. So before jumping into this process, be sure you have a clear understanding of whether this is a credential that you truly need.
Overview of the Exam
The New York bar exam is offered two times each year, in July and February and is given over a two-day period. It is always offered on the last Tuesday and Wednesday of those months. The first day of the exam consists of five essay questions, 50 multiple-choice questions, and one Multistate Performance Test (MPT) question. The second day is the Multistate Bar Exam (MBE), a six-hour, 200-question multiple choice exam covering contracts, torts, constitutional law, criminal law, evidence, and real property. Visit www.nybarexam.org/TheBar/TheBar.htm for a complete description of the bar exam and testing process.
Step 1: Determine your Eligibility
When you arrive at the law school in September, take the time to determine whether you qualify to sit for the NY State Bar by visiting the Board of Law Examiners website (www.nybarexam.org) and clicking the links to “foreign legal education” and “Court Rules –Sect. 520”. In summary, according to Section 520.6 of the Rules of the New York State Court of Appeals for the Admission of Attorneys and Counselors at Law, foreign JD graduates must meet the following requirements to be eligible to sit for the bar:
1.
applicant fulfills the educational requirements for admission to practice law in the their home country;
2.
applicant’s period of study of law is at least “substantially equivalent in duration” to that required by ABA approved law schools;
3.
the law school attended by the applicant was recognized by the accrediting agency of the government of that country;
4.
the jurisprudence of the foreign country is based on the principles of English Common Law; and
5.
the “program and course of law study” were the “substantial equivalent” of the legal education provided by an approved law school in the U.S.
6.
However, applicants can cure either a durational or substantive deficiency (but not both) by successfully completing “a full-time or part-time program 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”. (Section 520.6(b)(1)(ii))
Step 2: Select Courses that Meet the “Basic Courses in American Law” equirement
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Subdivision (b)(1)(ii) of section 520.6 permits certain applicants to cure either a durational or substantive deficiency (but not both) by successfully completing “a full-time or part-time program 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”. The Board interprets “basic courses in American law” as a minimum of two courses from the list of subjects which are tested on the bar exam as set forth in Board
Rule 6000.6(c). According to that rule, the bar exam may test on the following subjects: business relationships; conflict of laws; constitutional law; contracts; criminal law procedure; evidence; family law; New York and federal civil jurisdiction and procedure; professional responsibility; real property; remedies; torts; trusts, wills and estates; and Uniform Commercial Code articles
2, 3 and 9.
Consult the YLS Basic Courses in American Law list (available on the CDO website and in CDO) to see which YLS courses meet this requirement.
Step 3: Complete Request for Evaluation of Foreign Academic Credentials Form
New York provides you the option of requesting a review of your credentials to determine if you are in fact eligible to sit for the bar. While this is not required, we strongly encourage you to take advantage of this opportunity by completing a Request for Evaluation of Foreign Academic Credentials Form (www.nybarexam.org/Foreign/ForeignlegalEducation.htm). As described in more detail in the Request, the following documents must accompany your Request:
1.
Official transcripts from every law school attended
2.
Degree certificate
3.
Admission Certificate or other Alternative Documentation
4.
Proof of durationally equivalent legal education
5.
English translation
These supporting documents must consist of originals or copies certified directly from the issuing institution. Therefore, you must obtain these documents from the law schools where you studied as well as from the relevant bar offices abroad that may have admitted you to the practice of law. Because the Board has been strict about this rule in the past, you should make every effort to obtain the needed documents.
Submit the Request, along with a cover letter (sample in Appendix B of LLM Career Planning Guide) and supporting documents to the Board in September or October. If you submit your Request at this time, you should receive a letter from the Board confirming your eligibility to take the bar exam (conditioned on your completing your LLM) within about two months.
Step 4: Decide When to Take the Multistate Professional Responsibility Exam (MPRE)
In addition to taking the Bar Exam, before you can be sworn into the New York state bar you also have to take and pass the ethics test, known as the Multistate Professional Responsibility Exam (MPRE). You are NOT required to take the MPRE prior to sitting for the bar exam. The MPRE is a test consisting of 60 multiple choice questions that tests your knowledge and understanding of the ethical standards of the legal profession. The passing score for New York is 85. The test is offered three times per year, in March, August and November. Many students choose to take the exam in March. The registration deadline for the November exam by September 30. Information about the exam is available at www.ncbex.org by clicking the link to the MPRE.
Step 5: Sign up for a Bar Review Course
Most students who sit for the bar take a review course in the summer prior to the exam. Because the bar examination is very rigorous, LLM students are strongly encouraged to enroll in a review course to help them prepare. A list of review courses is available at http://stu.findlaw.com/thebar/barreview.html. BAR/BRI (www.barbri.com) is a popular course at YLS. Some programs (like BarBri) offer review courses specifically for foreign attorneys. Although these services are expensive, some employers (typically larger law firms) will pay for
their recruits to take a bar review course. These review programs can also assist you in preparing for the MPRE exam.
Step 6: Complete a Bar Exam Application
All applications to take the New York Bar must be postmarked no more than 120 days nor less than 90 days prior to the day of the examination. Most students sit for the July exam (which will take place on July 28-29, 2009), although there is also an exam offered each February. The application fee is $250. Official bar applications are made available in the spring semester from the “Bar Examination” section of the Board’s website (www.nybarexam.org). If you submitted a Request for Evaluation of Foreign Credentials and received confirmation of your eligibility, you should attach that information to your application. If you did not submit a Request, you will need to provide the required documents (mentioned above) with your application. If you submitted a request but did not hear back from the Board, provide that information in your cover letter.
Step 7: Study and Take the Exam
Most LLM students taking the NY Bar study for the exam at the law school immediately after finals are finished until the date of the exam. Some students opt to study in the privacy of their own homes, while others watch videotaped courses with other students at the law school.
The exam is always held in Albany, New York City and Buffalo, NY. The address that you provide for your legal residence on the Bar Exam Application will, in most instances, determine the location of the testing center to which you will be assigned. As a result, most students from YLS take the exam in New York City. Visit www.nybarexam.org/TheBar/TheBar.htm for a complete description of the bar exam and testing process.
The results of the exam are mailed to all applicants on the day of the exam. A list of all successful applicants is posted on the board’s website (www.nybarexam.org) that day as well.
Step 8: Complete Application for Admission/Character and Fitness Investigation
Bar admission involves not only passing the bar exam, but also meeting the character and fitness requirement. The state’s Board of Law Examiners must be satisfied that your background meets certain standards of conduct. To assess these qualities, you will be required to provide detailed information about your background. If the bar examiners believe that the information you provide reflects poorly on your character or fitness, they will require additional investigation.
Shortly after the bar examination, you will receive admission application forms from the Supreme Court, Appellate Division. These application forms serve as the basis for inquiry by the Committees on Character and Fitness into your character and fitness to be a member of the Bar. The Application for Admission Questionnaire seeks information on the following topics: education and employment history; bar admissions; U.S. military record; criminal record; civil matters; child support; financial defaults; licenses; prior oaths or codes of professional responsibility. In addition, you will be required to submit: two good moral character affidavits from persons who have been known to you for not less than two years; a form affidavit for each law-related employment or period of solo practice completed by your employer(s); and a form law school certificate complete by YLS.
A link to these applications forms is available at www.nybarexam.org/Admission/Admission.htm by clicking on the “Multi-Department Admission Packet tab.
Finally, you will be asked to appear for a personal interview by a member of the Committee on Character and Fitness.
Step 9: Attend Swearing In Ceremony
Congratulations! After successfully navigating Steps 1 – 8 you are now eligible to be sworn in before the court at a special ceremony which takes place in January (for July exam takers) and in June (for February exam takers).
Updated Nov. 2008

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