New York
Common questions
Can a lawyer be admitted in New York without taking the bar exam (admission on motion)?
Reciprocal states only. 5 of 7 yrs preceding application actual practice (VERBATIM: 'at least five of the seven years immediately preceding the application'); ABA JD; practice incl. judicial service, law teaching (professor/associate professor); Appellate Division may impose character/fitness conditions; Judiciary Law 465 fees (NCBE chart: $400); file with Appellate Division where applicant resides or is full-time employed, default Third Dept; MPRE not in rule
Does New York accept a transferred Uniform Bar Exam score?
Accepts transfer: 266; valid 3 years from exam, full Appellate Division application also within 3 years; MPRE 85 (valid 4 yrs); New York Law Course (within 1 yr before UBE sitting) and New York Law Exam required (score valid 3 yrs); fee $250 (ABA JD)
What are the pro hac vice requirements and fee in New York state courts?
Local counsel: Must associate with NY-barred attorney (22 NYCRR 520.11) Fee: No fee in 22 NYCRR 520.11 (department/court fees not checked)
Admission on motion
- Requirements
- 5 of 7 yrs preceding application actual practice (VERBATIM: 'at least five of the seven years immediately preceding the application'); ABA JD; practice incl. judicial service, law teaching (professor/associate professor); Appellate Division may impose character/fitness conditions; Judiciary Law 465 fees (NCBE chart: $400); file with Appellate Division where applicant resides or is full-time employed, default Third Dept; MPRE not in rule
- Years of practice
- for at least five of the seven years immediately preceding the application
- Reciprocity
- VERBATIM: at least one jurisdiction of admission 'would similarly admit an attorney...admitted to practice in New York State to its bar without examination'
- Fee
- $400
- Rule
- 22 NYCRR 520.10
- UBE score transfer
- Accepts transfer: 266; valid 3 years from exam, full Appellate Division application also within 3 years; MPRE 85 (valid 4 yrs); New York Law Course (within 1 yr before UBE sitting) and New York Law Exam required (score valid 3 yrs); fee $250 (ABA JD)
- UBE minimum
- 266
- UBE score window
- for three years from the date the applicant sat for the UBE
- MPRE
- 85, valid for only four years from the date of the MPRE
- Other routes
- Law teaching, government agency, military, in-house corporate, and judicial court of record count as practice for admission on motion
- Foreign attorneys
- Yes - admitted in highest court of another country whose jurisprudence is based upon principles of English common law may be admitted without examination
2 not found in the pulled documents
- Reciprocity states
- Not in the pulled documents
- Military spouse
- Not in the pulled documents
State-court pro hac vice
- Rule
- 22 NYCRR 520.11; App. Div. 3d Dept 22 NYCRR 805.3
- Local counsel
- Must associate with NY-barred attorney (22 NYCRR 520.11)
- Limits
- Employment-based PHV (qualifying orgs, DA, AG) capped at 18 months; no numeric cap found; no residency bar found
- Fee
- No fee in 22 NYCRR 520.11 (department/court fees not checked)
- Procedure
- Application made to the court where action pending; 3d Dept: verified petition, certificates of good standing from each jurisdiction, grievance committee letter, resume, employment certification (for employment-based admission); must comply with NY RPC and is subject to NY court jurisdiction
Language from the source documents
11 quoted passages
On motion
(2) (i) while admitted to practice as specified in paragraph (1) of this subdivision, has actually practiced therein, for at least five of the seven years immediately preceding the application:law.cornell.edu
On-motion rule
N.Y. Comp. Codes R. & Regs. Tit. 22 § 520.10 - Admission without examinationlaw.cornell.edu
UBE transfer
Minimum passing UBE score266 Is there a limit on the number of attempts to earn a passing UBE score?no limit Time limit for accepting a transferred UBE score (i.e., maximum age of the UBE score)3 yearsncbex.org
Other routes
What does the definition of practice for purposes of admission on motion include? Law teaching, gov't agency, military, in-house corporate, judicial court of recordncbex.org
Pro hac vice rule
N.Y. Comp. Codes R. & Regs. Tit. 22 § 520.11 - Admission pro hac vicelaw.cornell.edu
Local counsel
No attorney may be admitted pro hac vice pursuant to paragraph (a)(1) of this section to participate in pre-trial or trial proceedings unless he or she is associated with an attorney who is a member in good standing of the New York bar, who shall be the attorney of record in the matter.law.cornell.edu
Years of practice
has actually practiced therein, for at least five of the seven years immediately preceding the application:law.cornell.edu
UBE minimum score
The passing score for the UBE in New York is 266 on a 400 point scale.nybarexam.org
UBE score window
A UBE score achieved in another UBE jurisdiction will be accepted in New York for three years from the date the applicant sat for the UBE.nybarexam.org
MPRE
New York requires a minimum score of 85 and the score is valid for only four years from the date of the MPRE.nybarexam.org
Foreign attorneys
(ii) has been admitted to practice as an attorney and counselor-at-law or the equivalent in the highest court in another country whose jurisprudence is based upon the principles of the English common law; andlaw.cornell.edu