The New York Bar Examination
Contents
Overview
Applying to sit for the examination
Fees
Examination Dates and Deadlines
Laptop Program
Examination Center Locations
Examination Day Schedule
Examination Subjects
Examination Schedule
Examination Subjects
Grading
Pass Rates
Examination Score Release Dates
Multistate Professional Responsibility Exam
Overview
The New York state bar examination is the test every law school graduate who wishes to become a New York attorney must first pass. The following information outlines information released by the New York Board of Bar Examiners (“BOLE”) and the National Conference of Bar Examiners (“NCBEX”).
Applying to sit for the examination
You may apply to sit for the bar examination by filing an online application which is available on BOLE’s website, www.nybarexam.org. You may qualify to sit for the New York bar Examination in any one of four ways:
1. Graduation from an American Bar Association (ABA) approved law school in the United States with a juris doctor degree.
2. A combination of law school study at an ABA approved law school and law office study.
3. Graduation from an unapproved law school in the United States with a juris doctor degree and practice in a jurisdiction where admitted for 5 of the 7 years immediately preceding application to sit for the New York bar examination.
4. Foreign law school study.
Detailed qualification rules are available here.
Fees
The application fee for most candidates is currently $250. If you apply as a Foreign law study applicant, however, the current fee is $750.
Examination Dates and Deadlines
Laptop Program
BOLE allows applicants to use their personal laptops to take the essay portion of the test. Using a laptop is usually provides a significant advantage over writing the exam. If you would like to uses your laptop, you must register with BOLE, install the BOLE essay writing software, and pay a $100 well in advance of the test. Also, the laptop program is not available at all New York testing facilities.
Examination Center Locations
The bar examination is always held in Albany, New York City and Buffalo and may also be given at other locations based on a variety of factors including the availability of test sites. As test sites are confirmed, the locations will be posted on the Board’s website. Each applicant admitted to the examination shall be assigned to a test center in one of the four judicial departments located in the State. Test center assignments will depend on the sites available for a given administration of the exam.
Examination Day Schedule
The New York State bar examination is administered twice a year on the last Tuesday and Wednesday of every February and July. It consists of two sections: the New York Local Law session, given on Tuesday, and the Multistate Bar Examination, administered on Wednesday.
Tuesday – On the Tuesday test day, BOLE tests your knowledge of New York local law. The test format consists of five essay questions and 50 multiple choice questions prepared by BOLE, and one Multistate Performance Test question, developed by NCBEX. BOLE administers this testing in two session.
In the morning session, which begins at 9:00 A.M. and ends at 12:15 P.M., you must complete three essays and the 50 multiple choice questions in three hours and 15 minutes.
In the afternoon session, which begins at 1:45 P.M. and ends at 4:45 P.M., you must complete the remaining two essay questions and the MPT in three hours.
Wednesday – On the Wednesday test day, BOLE tests your knowledge of Multistate law. BOLE administers this testing in two sessions also.
In the morning session, which begins at 9:30 A.M. and ends at 12:30 P.M., you must complete 100 multiple choice questions on the six MBE subjects of contracts, torts, constitutional law, criminal law, evidence and real property.
In the afternoon session, which begins at 2:00 P.M. and ends at 5:00 P.M. you must complete another 100 multiple choice questions on the six MBE subjects.
Examination Subjects
New York Local Subjects -The New York local subjects are listed by the New York Board of Bar Examiners. Note, however, that few bar review courses divide their study subjects as BOLE describes. So it is important to insure that your course has accounted for each of BOLE’s subjects in their bar review course as does Smarter Review™.
The New York Local Subjects are:
(1) business relationships including agency, business corporations, limited liability companies, partnerships and joint ventures;
(2) civil practice and procedure (New York, except as noted);
(3) conflict of laws;
(4) New York and federal constitutional law;
(5) contracts and contract remedies;
(6) criminal law and procedure;
(7) evidence;
(8) matrimonial and family law;
(9) professional responsibility;
(10) real property;
(11) torts and tort damages;
(12) trusts, wills and estates; and
(13) UCC Articles 2, 3 and 9.
MBE Subjects -The MBE tests six subject areas: Contracts, Constitutional Law, Criminal Law, Evidence, Real Property, and Torts. Contracts and Torts are slightly more important, with 34 questions each. Con Law, Criminal Law, Evidence, and Real Property are each 33 questions per exam.
A more detailed break-down of the tested subjects is available from the New York Board of Bar Examiners here.
Multistate Performance Test (MPT)
The MPT, developed by the National Conference of Bar Examiners, is a 90 minute skills question covering legal analysis, fact analysis, problem solving, resolution of ethical dilemmas, organization and management of a lawyering task, and communication.
The Multistate Performance Test will present you with a case file and an assignment meant to simulate a typical junior attorney writing assignment.
Grading
The New York essays, the New York multiple-choice, the performance test, and the MBE are each graded separately and receive a different weight:
| Five Essay Questions | |
| New York Multiple Choice | |
| Multistate Bar Exam (MBE) | |
| Multistate Performance Test (MPT) | |
Examination Passage Rates
Depending on the demographic, passage rates range from less than 30% for foreign educated February test takers to over 87% for first time takers who graduated from ABA accredited schools. Please note that the February exam is no different from the July exam. Instead it is the test takers who change. February test takers tend to be either juggling bar study with a full time job and/or have failed their first attempt during the previous July.
| All Candidates | ||
| ABA Graduates | ||
| Foreign Educated |
| All Candidates | ||
| ABA Graduates | ||
| Foreign Educated |
Average 2007 – 2011 testing cycles. Passage rates calculated from New York Board of Bar Examiner Statistics available here.
Examination Score Release Dates
Scores are usually released in the first week of November (for the July tests) and the last week of April/first week of May (for the February tests). Here is a table showing the release dates for the past 3 years:
| 2011 | November 2, 2011 |
| 2010 | November 5, 2010 |
| 2009 | November 5, 2009 |
| 2011 | November 5, 2009 |
| 2010 | April 27, 2010 |
| 2009 | May 5, 2009 |
Multistate Professional Responsibility Exam
After you have passed the bar examination, you must also pass the Multistate Professional Responsibility Examination (MPRE) administered by the National Conference of Bar Examiners (NCBE) prior to being certified by the Board to the Appellate Division.
The MPRE can be taken before or after the bar examination, however, the applicant must pass the MPRE within three years either before or after passing the New York bar examination, as measured from the date the applicant sat for each examination.
The MPRE is administered three times each year, in March, August and November. Applications and information regarding the MPRE is available from NCBE here.
