 Home Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law
PART 520. RULES OF THE COURT OF
APPEALS
FOR THE ADMISSION OF ATTORNEYS AND
COUNSELORS AT
LAW
Table of
Contents
§ 520.1 General
§ 520.2 Admission Upon Examination
§ 520.3 Study of Law in Law School
§ 520.4 Study of Law in Law Office
§ 520.5 Study of Law in Law School and Actual Practice
§ 520.6 Study of Law in Foreign Country; Required Legal Education
§ 520.7 Certification by Board of Law Examiners
§ 520.8 New York State Bar Examination
§ 520.9 Additional Requirements for Applicants for Admission Upon Examination
§ 520.10 Admission Without Examination
§ 520.11 Admission Pro Hac Vice
§ 520.12 Proof of Moral Character
§ 520.13 Designation of Agent for Service of Process
§ 520.14 Application for Waiver of Rules
§ 520.15 Rules of the New York State Board of Law Examiners
§ 520.16 Pro Bono Requirement for Bar Admission
§ 520.17 Pro Bono Scholars Program
§ 520.18 Skills Competency Requirement for Admission
§ 520.1 General.
(a) A person shall be admitted to practice law in the courts of the State of New York only by an order of the Appellate Division of the Supreme Court upon compliance with these rules.
(b) Saving Clause. Those provisions of the rules of the Court of Appeals for the admission of attorneys and counselors at law that prescribe the qualifications for admission to the New York State bar examination, which were in effect at the time an applicant for admission commenced the study of law, to the extent that the application thereof was or would have been less restrictive or burdensome, shall determine the applicant's eligibility for admission to such examination.
§ 520.2 Admission upon examination.
(a) Application to sit for the New York State bar examination. An applicant who seeks to sit for the New York State bar examination prescribed in section 520.8 of this Part shall furnish to the New York State Board of Law Examiners, in accordance with its rules, proof satisfactory to said board:
(1) that the applicant is at least 21 years of age;
(2) as to the applicant's date of birth; and
(3) that the applicant has complied with section 520.3, 520.4, 520.5, 520.6 or 520.17 of this Part.
(b) Transfer of Uniform Bar Examination Score Earned in Another Jurisdiction. Effective October 1, 2016, an applicant who sat for the Uniform Bar Examination in another jurisdiction may transfer the score earned on that examination to New York in lieu of taking the Uniform Bar Examination in this State. The applicant shall pay to the New York State Board of Law Examiners the fee prescribed by section 465 of the Judiciary Law and shall file with the Board, in accordance with its rules, proof satisfactory to said Board that the applicant:
(1) has achieved a score on the Uniform Bar Examination, as reported by the National Conference of Bar Examiners, that is equal to or greater than the passing score established by the New York State Board of Law Examiners;
(2) has attained educational qualifications that are at least equal to those required by section 520.3, 520.4, 520.5, 520.6 or 520.17 of this Part;
(3) has completed the additional requirements for admission prescribed in section 520.9 of this Part; and
(4) is at least 21 years of age, as established by proof of the applicant's date of birth.
§ 520.3 Study of law in law school.
(a) General. An applicant may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:
(1) the applicant attended and was graduated with a first degree in law from an approved law school; or
(2) the applicant attended and successfully completed the prescribed course of instruction required for a first degree in law at an approved law school, but has not been awarded the degree as of the date proof of eligibility to sit for the bar examination is required to be filed with the State Board of Law Examiners. The State Board of Law Examiners shall not certify the applicant for admission to the bar pursuant to section 520.7(a) of this Part until the applicant has presented satisfactory proof that the applicant has been awarded a first degree in law; or
(3) the applicant satisfies the requirements of section 520.17 of this Part.
(b) Approved law school defined. For purposes of these rules, an approved law school is one:
(1) that is approved by the American Bar Association at all times during the period of the applicant's attendance; and
(2) that is located in the United States or its territories.
(c) The academic program, calendar and instructional requirements contained in the American Bar Association Standards and Rules of Procedure for the Approval of Law Schools shall apply with the exception of distance education provisions, which are as follows:
(1) Distance education course. A distance education course is a course in which students are separated from all faculty members for more than one-third of the course instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all the faculty members, either synchronously or asynchronously; and
(2) Up to 15 credit hours for distance education courses may be counted toward both the credit hours required for graduation and the classroom credit hours required; and
(3) No credit shall be allowed for distance education courses until the student has completed the equivalent of 28 credit hours toward the first degree in law; and;
(4) Remote participation in a non-distance education course by a student as an accommodation under the Americans with Disabilities Act or any other law requiring accommodation will not cause the course to count toward the distance education credit limits in this section for the accommodated student. The law school must document all instances in which it permits a student’s remote participation in a non-distance education course for which credits will not be counted toward distance education credit limits in this section.
(d) Law school certificate of attendance. The applicant shall file a law school certificate of attendance with the State Board of Law Examiners that must include:
(1) a certification that the applicant has successfully completed the prescribed course of instruction for the J.D. degree at a law school approved by the ABA at all times during the period of the applicant’s attendance;
(2) the date of graduation or the date on which the J.D. degree will be conferred;
(3) the number of credits completed in distance education courses under paragraph (c)(1) of this section; and;
(4) a certification that the applicant did not complete any credits in distance education courses during the first 28 credit hours toward the first degree in law.
(e) Credit for law study in foreign country. An approved law school may, in its discretion, grant such credit as it may deem appropriate toward the total credits required for a first degree in law, but not exceeding one-third of the total credits required for the degree, to an applicant who has studied law in a law school in a foreign country. No such credit shall be allowed for law study in a foreign country that was undertaken in a distance education course as defined in paragraph (c)(1) of this section, nor shall any credit be allowed for correspondence courses.
§ 520.4 Study of law in law office.
(a) General. An applicant may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:
(1) the applicant commenced the study of law after the applicant's 18th birthday;
(2) the applicant successfully completed the prescribed requirements of the first year of full-time study in a first degree in law program at an approved law school as defined in section 520.3(b) of this Part, whether attending full-time or part-time, earning a minimum of 28 credit hours (the threshold period); which study must comply with the distance education restrictions in section 520.3(c) of this Part;
(3) at the conclusion of the threshold period the applicant was in good standing, not on academic probation and was eligible to continue in the law school's degree program;
(4) the threshold period was completed within 36 months of the commencement of law school study; and
(5) the applicant thereafter studied law in a law office or offices located within New York State, under the supervision of one or more attorneys admitted to practice law in New York State, for such a period of time as, together with the credit permitted pursuant to this section for attendance in an approved law school, shall aggregate four years.
(b) Employment and instruction requirements. An applicant studying law in a law office or offices within New York State must be actually and continuously employed during the required period as a regular law clerk and student in a law office, under the direction and subject to the supervision of one or more attorneys admitted to practice law in New York State, and must be actually engaged in the practical work of such law office during normal business hours. In addition, the applicant must receive instruction from the supervising attorney or attorneys in those subjects that are customarily taught in approved law schools.
(c) Credit for attendance in approved law school. Credit shall be allowed toward the required four years of combined law school and law office study in accordance with subdivision (a) of this section as follows:
(1) one full year (52 weeks) of credit shall be allowed for successfully completing the threshold period;
(2) following the threshold period, two weeks of credit shall be allowed for every additional successfully completed credit hour at an approved law school, but only if at the conclusion of the semester in which the credits were earned the applicant was in good academic standing, was not on academic probation and was eligible to continue in the school's degree program.
(d) Vacations. Vacations taken by the applicant in excess of one month in any year of law office study shall be deducted from the period of law office study for which credit shall be given, but if the applicant does not take a vacation there will not be an adjustment in the period of study required by this section.
(e) Certificate of commencement of law office study. It shall be the duty of the attorney or attorneys with whom a period of law office study is about to be commenced to obtain from, complete and file with, the Clerk of the Court of Appeals a certificate of commencement of clerkship, Appendix B-2, infra. At the time the certificate of commencement of clerkship is filed, the applicant shall provide the Court of Appeals with a copy of the determination of the State Board of Law Examiners of the credit to which the applicant is entitled under subdivision (c) of this section.
(f) Credit for law study in law office. Credit shall be given only for study in a law office or offices engaged in after the successful completion of the threshold period of law school study and after the filing of the certificate required by subdivision (e) of this section.
(g) Proof required. Compliance with the requirements of this section shall be proved to the satisfaction of the State Board of Law Examiners.
§ 520.5 Study of law in law school and actual practice.
(a) General. An applicant who has studied law in any law school in any other state or territory of the United States or in the District of Columbia, other than an approved law school as defined in section 520.3(b) of this Part, and has received a degree from such law school that qualifies the applicant to practice law in such state, territory or in the District of Columbia, may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:
(1) the applicant possesses the legal education required by this Part;
(2) the applicant's course of study complies with the instructional requirements of section 520.3(c) through (e) of this Part and with the curriculum, academic program and academic calendar requirements for an approved law school; and
(3) while admitted to the bar in the highest court in any state or territory of the United States or in the District of Columbia, the applicant has actually practiced therein for at least five years of the seven years immediately preceding the application to sit for the bar examination.
(b) Proof required. The applicant shall submit to the State Board of Law Examiners such proof of compliance with the provisions of this section as the Board may require.
§ 520.6 Study of law in foreign country; required legal education.
(a) General. An applicant who has studied in a foreign country may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof of the legal education required by this section.
(b) Legal education. The applicant must satisfy the educational requirements of either paragraph (1) or (2) of this subdivision.
(1) The applicant shall show fulfillment of the educational requirements for admission to the practice of law in a country other than the United States by successful completion of a period of law study in a law school or schools each of which, throughout the period of the applicant's study therein, was approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, to award a first degree in law, and satisfaction of the following requirements:
(i)
(a) Durational requirements. The program and course of law study successfully completed by the applicant was substantially equivalent in duration to the legal education provided by an American Bar Association approved law school in the United States, and in substantial compliance with the following requirements: 83 credit hours must be required for graduation, 64 of which must be earned by attendance in regularly scheduled classroom courses at the law school, a minimum of 700 minutes in instruction time, exclusive of examination time, must be required for the granting of one credit hour, and no credit shall be allowed for correspondence courses, on-line courses, courses offered on DVD or other media, or distance education courses; and
(b) Substantive requirements. Such other country is one whose jurisprudence is based upon the principles of English Common Law, and that the program and course of law study successfully completed by the applicant were the substantial equivalent of the legal education provided by an American Bar Association approved law school in the United States.
(ii) Cure provision. An applicant who does not meet the requirements of clause (i)(a) or (i)(b) of this paragraph may cure either the durational or substantive deficiency, but not both, under the following circumstances:
(a) Durational deficiency. If the applicant does not meet the durational requirements of clause (i)(a) of this paragraph, the applicant may cure the deficiency by providing satisfactory proof that the applicant has at least two years of foreign legal education that meets the substantive requirements of clause (i)(b) of this paragraph and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of paragraph (3) of this subdivision.
(b) Substantive deficiency. If the applicant does not meet the substantive requirements of clause (i)(b) of this paragraph, the applicant may cure the deficiency by providing satisfactory proof that the applicant meets the durational requirements of clause (i)(a) of this paragraph and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of paragraph (3) of this subdivision.
(2) The applicant shall show admission to practice law in a country other than the United States whose jurisprudence is based upon principles of English Common Law, where admission was based upon a program of study in a law school and/or law office approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, and which satisfies the durational requirements of clause (1)(i)(a) of this subdivision but does not satisfy the substantive requirements of clause (1)(i)(b) of this subdivision, and that such applicant has successfully completed an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of paragraph (3) of this subdivision.
(3) An LL.M. degree shall be satisfactory to qualify an applicant otherwise meeting the requirements of subparagraph (1)(ii) or paragraph (2) of this subdivision to take the New York State bar examination provided the following requirements are met:
(i) the program shall consist of a minimum of 24 credit hours (or the equivalent thereof, if the law school is on an academic schedule other than a conventional semester system) which, except as otherwise permitted herein, shall be in classroom courses at the law school in substantive and procedural law and professional skills;
(ii) the number of credit hours awarded for coursework shall be determined as required for an approved law school as defined in section 520.3(b) of this Part;
(iii) the program shall include a period of instruction consisting of no fewer than two semesters of at least 13 calendar weeks each, or the equivalent thereof, exclusive of reading periods, examinations and breaks, and shall not be completed exclusively during summer semesters, but a maximum of four credit hours may be earned in courses completed during summer semesters;
(iv) the program shall be completed within 24 months of matriculation;
(v) all coursework for the program shall be completed at the campus of an American Bar Association approved law school in the United States, except as otherwise expressly permitted by subparagraph (vii) of this paragraph;
(vi) the program completed by the applicant shall include:
(a) a minimum of two credit hours in a course or courses in professional responsibility;
(b) a minimum of two credit hours in legal research, writing and analysis, which may not be satisfied by a research and writing requirement in a substantive law course;
(c) a minimum of two credit hours in American legal studies, the American legal system or a similar course designed to introduce students to distinctive aspects and/or fundamental principles of United States law, which may be satisfied by a course in United States constitutional law or United States or state civil procedure; credit earned in such course in excess of the required two credit hours may be applied in satisfaction of the requirement of clause (d) of this subparagraph; and
(d) a minimum of six credit hours in other courses that principally focus on subject matter tested on the New York State bar examination or the New York Law Examination prescribed in section 520.9(a)(3) of this Part.
(vii) The program completed by the applicant may include:
(a) credit hours in clinical courses, field placements, externships and other experiential learning courses, and
(b) a maximum of six credit hours in other courses related to legal training taught by members of the faculty of the law school or of the university with which the law school is affiliated, or taught by members of the faculty of any university or college with which the law school offers a joint degree program, provided such courses must be completed at the campus of such university or college in the United States.
(viii) No credit shall be allowed for correspondence courses, on-line courses, courses offered on DVD or other media, or other distance learning courses.
(c) Proof required. The applicant shall submit to the State Board of Law Examiners such proof of compliance with the provisions of this section as the board may require.
(d) Effective date for implementation. Except for the requirements of subparagraphs (b)(3)(iii), (v) and (viii) of this section, which are effective May 18, 2011, the provisions of paragraph (b)(3) of this section shall first apply to LL.M. programs commencing during the 2012-13 academic year and to applicants applying to take the July 2013 bar examination, subject to the saving clause of section 520.1(b) of this Part.
§ 520.7 Certification by Board of Law Examiners.
(a) Except as provided in section 520.10 of this Part, no applicant for admission to practice in this State shall be admitted unless the New York State Board of Law Examiners shall have certified to the Appellate Division of the department in which, as shown by the papers filed by the applicant with the Board, the applicant resides, or if not a resident of the State, in which such papers show that the applicant is employed full-time, or, if the applicant does not reside and is not employed full-time in the State, to the Appellate Division of the Third Department, that the applicant (1) has passed the New York State bar examination prescribed in section 520.8 of this Part or has satisfied the requirements for transfer of a Uniform Bar Examination score as set forth in section 520.2(b) of this Part, and (2) has demonstrated compliance with the requirements of section 520.9 of this Part.
(b) Applicants who seek admission in New York based on passage of the New York State bar examination administered prior to July 2016 need not demonstrate compliance section 520.9(a)(2)-(3) of this Part.
§ 520.8 New York State bar examination.
(a) General. The New York State Board of Law Examiners shall twice each year administer the New York State bar examination, which, effective for the July 2016 administration of the bar examination, shall consist of the Uniform Bar Examination, developed by the National Conference of Bar Examiners.
(b) Preservation of papers. Bar examination papers shall be preserved for a period of four months from the date of the announcement of the results of the bar examination, and may thereafter be destroyed.
(c) Passing score. The New York State Board of Law Examiners shall determine the passing score for the Uniform Bar Examination.
(d) Examination fee. Every applicant for the New York State bar examination shall pay to the New York State Board of Law Examiners the fee prescribed by section 465 of the Judiciary Law.
§ 520.9 Additional requirements for applicants for admission upon examination.
(a) All applicants for admission upon examination, including applicants who sat for the Uniform Bar Examination in another jurisdiction and seek to transfer the score earned on that examination to New York, must satisfy the following requirements.
(1) Multistate Professional Responsibility Exam.
(i) General. Applicants must achieve a passing score on the Multistate Professional Responsibility Exam developed and administered by the National Conference of Bar Examiners.
(ii) Timing. An applicant may take the Multistate Professional Responsibility Exam prior or subsequent to the Uniform Bar Examination, whether taken in New York or another jurisdiction, subject to the rules of the New York State Board of Law Examiners. The fee to take the Multistate Professional Responsibility Exam shall be fixed by the National Conference of Bar Examiners.
(iii) Passing score. The New York State Board of Law Examiners shall determine the passing score for the Multistate Professional Responsibility Exam for applicants seeking admission to practice in this State.
(iv) Reexamination. There shall be no restriction on the right of a failing applicant to retake the Multistate Professional Responsibility Exam.
(2) New York Law Course.
(i) General. Applicants must successfully complete the New York Law Course, which shall consist of lectures on New York law. The content and method of delivery of the New York Law Course shall be determined by the New York State Board of Law Examiners.
(ii) Timing. An applicant may complete the New York Law Course up to one year before or anytime after the date on which the applicant first sits for the Uniform Bar Examination, subject to the application filing deadline of section 520.12(d) of this Part.
(3) New York Law Examination.
(i) General. Applicants must pass the New York Law Examination, which shall test on New York law. The content and method of examination, and the fee to take the examination, shall be determined by the New York State Board of Law Examiners.
(ii) Timing. Provided the New York Law Course has been successfully completed, an applicant may take the New York Law Examination up to one year before or anytime after the date on which the applicant first sits for the Uniform Bar Examination, subject to the application filing deadline of section 520.12(d) of this Part.
(iii) Passing score. The New York State Board of Law Examiners shall determine the passing score for the New York Law Examination.
(iv) Reexamination. There shall be no restriction on the right of a failing applicant to retake the New York Law Examination.
(v) Expiration of New York Law Examination passing score. A passing score on the New York Law Examination is valid for three years from the date the applicant received the passing score. The New York State Board of Law Examiners shall not certify an applicant for admission pursuant to section 520.7 of this Part if the New York Law Examination score is more than three years old.
(b) The requirements of paragraphs (a)(2) and (3) of this section shall not apply to applicants who seek admission in New York based on passage of the New York State bar examination administered prior to July 2016.
§ 520.10 Admission Without Examination.
(a) General. In its discretion, the Appellate Division may admit to practice without examination an applicant who:
(1) (i) has been admitted to practice in the highest law court in any other state or territory of the United States or in the District of Columbia; or
(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; and
(iii) is currently admitted to the bar in such other jurisdiction or jurisdictions, that at least one such jurisdiction in which the attorney is so admitted would similarly admit an attorney or counselor-at-law admitted to practice in New York State to its bar without examination; and
(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:
(a) in its highest law court or highest court of original jurisdiction in the state or territory of the United States, in the District of Columbia or in the common law country where admitted; or
(b) in Federal military or civilian legal service in a position which requires admission to the bar for the appointment thereto or for the performance of the duties thereof, even if the government service, civilian or military, was not in a jurisdiction in which the applicant was admitted to practice; or
(c) in legal service as counsel or assistant counsel to a corporation in the state or territory of the United States where admitted, or in the District of Columbia if admitted therein; or in the common law country where admitted; or
(ii) has been employed in any other state or territory of the United States or in the District of Columbia as a judge, magistrate, referee or similar official for the local, State or Federal government in a tribunal of record, or as a law clerk to such judicial official, provided that such employment requires admission to the bar for the appointment thereto or for the performance of the duties thereof, for at least five of the seven years immediately preceding the application; or
(iii) has been employed in this State or in any other state or territory of the United States or in the District of Columbia as a full-time member of the law faculty teaching in a law school or schools on the approved list of the American Bar Association and has attained the rank of professor or associate professor for at least five of the seven years immediately preceding the application; or
(iv) has actually practiced as provided in subparagraph (i) of this paragraph, or been employed as a judicial official as provided in subparagraph (ii) of this paragraph, or has been teaching at a law school as provided in subparagraph (iii) of this paragraph, or has actually practiced while admitted pursuant to Rule 520.11(a)(2) of this Part, for a period of up to 18 months, in a combination or cumulation of service among the categories of practice, judicial or legal service or teaching where the Appellate Division determines that such five years of combined or cumulative service is the equivalent of the practice required in clause (i)(a) of this paragraph; and
(3) has received a first degree from a law school in the United States that was approved by the American Bar Association at all times during the period of the applicant’s attendance; and
(4) is over 26 years of
age.
(b) Proof Required. An applicant for admission under this section shall file with the Clerk of the Appellate Division of the department in which, as shown by the papers filed by the applicant with the department, the applicant resides or, if not a resident of the state in which such papers show that the applicant is employed full-time or, if such papers do not show that the applicant resides or is employed full-time in the State, the Appellate Division of the Third Department:
(1) a certificate of good standing from each state, territory, district or foreign country in which applicant has been admitted to practice as an attorney and counselor-at-law or the equivalent, certifying to applicant's admission to practice and the date thereof; and
(2) in the case of an applicant seeking admission relying upon teaching, a certificate from the dean of the law school which employs or employed the applicant, certifying to the nature and extent of applicant's employment and the rank attained; and
(3) a certificate from the New York State Board of Law Examiners certifying that the applicant has received a first degree in law from a law school in the United States that was approved by the American Bar Association at all times during the period of the applicant’s attendance; and
(4) any such other satisfactory evidence of character and qualifications as the Appellate Division may require, which may include a report of the National Conference of Bar Examiners.
(c) Proof to be submitted and fee to be paid to New York State Board of Law Examiners. The applicant shall submit to the New York State Board of Law Examiners such proof of compliance with the provisions of paragraph (a)(3) of this section as the board may require and shall at the same time pay the board the fee prescribed by section 465 of the Judiciary Law.
(d) Discretion of Appellate Division. The Appellate Division may in its discretion impose as a condition to admission such other tests of character and fitness as it may deem proper.
§ 520.11 Admission pro hac vice.
(a) General. An attorney and counselor-at-law or the equivalent, who is a member in good standing of the bar of another state, territory, district or foreign country may be admitted pro hac vice:
(1) in the discretion of any court of record, to participate in any matter in which the attorney is employed;
(2) in the discretion of the Appellate Division, provided applicant is a graduate of an approved law school, to advise and represent clients and participate in any matter during the continuance of the applicant's employment or association with an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.
(b) New York Law students. A graduate student or graduate assistant at an approved law school in New York State may be admitted pro hac vice in the discretion of the Appellate Division, to advise and represent clients or participate in any matter during the continuance of applicant's enrollment in an approved law school in New York State as a graduate student or graduate assistant, or during applicant's employment as a law school teacher in an approved law school in New York State, if applicant is in good standing as an attorney and counselor-at-law or the equivalent of the bar of another state, territory, district or foreign country and is engaged to advise or represent the client through participation in an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.
(c) Association of New York 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.
(d) Provision of legal services following determination of major disaster.
(1) Determination of existence of major disaster. Upon the declaration of a state of disaster or emergency by the Governor of New York or of another jurisdiction, for purposes of this subdivision, this court shall determine whether an emergency exists affecting the justice system.
(2) Temporary pro bono practice following the determination of a major disaster. Following a determination by this court that persons residing in New York are:
(i) affected by a state of disaster or emergency in the entirety or a part of New York; or
(ii) displaced by a declared state of disaster or emergency in another jurisdiction, and such persons are in need of pro bono services and the assistance of attorneys from outside of New York is required to help provide such services, an attorney authorized to practice law in another United States jurisdiction may provide legal services in New York on a temporary basis. Such legal services must be provided on a pro bono basis without compensation from the client, or expectation of compensation or other direct or indirect pecuniary gain to the attorney from the client. Such legal services shall be assigned and supervised through an established not-for-profit bar association in New York or an organization described in subdivision 7 of section 495 of the Judiciary Law.
(3) Other temporary practice following the determination of a major disaster. Following the determination of a major disaster in another United States jurisdiction - after such a declaration of a state of disaster or emergency and its geographical scope have been made by the Governor and a determination of the highest court of that jurisdiction that an emergency exists affecting the justice system - an attorney who has been authorized to practice law and is in good standing in that jurisdiction and who principally practices in that affected jurisdiction may provide legal services in New York on a temporary basis in association with an attorney admitted and in good standing in New York. The authority to engage in the temporary practice of law in New York pursuant to this paragraph shall extend only to attorneys who principally practice in the area of such other jurisdiction determined to have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services. Those legal services shall be limited to:
(i) representing clients with respect to matters that the attorney was handling prior to the disaster; and
(ii) new matters in the area affected by the disaster that the attorney could have handled but is unable to do so because:
(a) the attorney's ability to practice in the jurisdiction affected by the disaster has been limited by the disaster; and/or
(b) the client has temporarily relocated from the disaster area to another jurisdiction because of the disaster.
(4) Duration of authority for temporary practice. The authority to practice law in New York granted by paragraph (2) of this subdivision shall end when this court determines that the conditions caused by the major disaster in New York have ended except that an attorney then representing clients in New York pursuant to paragraph (2) of this subdivision is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation, but the attorney shall not thereafter accept new clients. The authority to practice law in New York granted by paragraph (3) of this subdivision shall end 60 days after either the Governor or this court declares that the conditions caused by the major disaster in the affected jurisdiction have ended.
(5) Court appearances. The authority granted by this subdivision does not include appearances in court except pursuant to subdivision (a) of this section.
(6) Admission and registration requirement. An attorney may be admitted pro hac vice in the discretion of the Appellate Division, provided the applicant is a graduate of an approved law school and is not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction, to provide legal services in New York pursuant to paragraphs (2) or (3) of this subdivision. Such applicant must file a registration statement with the Office of Court Administration before the commencement of the provision of legal services. The application shall be in a form prescribed by the Appellate Division and the registration statement shall be in a form prescribed by the Office of Court Administration.
(7) Notification to clients. Attorneys authorized to practice law in another United States jurisdiction who provide legal services pursuant to this subdivision shall inform clients in New York of the jurisdiction in which they are authorized to practice law, any limits of that authorization, and the limitations on their authorization to practice law in New York as permitted by this subdivision. They shall not state or imply to any person that they are otherwise authorized to practice law in New York.
(e) Professional responsibility requirements.
An attorney admitted pro hac vice pursuant to this section:
(1) shall be familiar with and shall comply with the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Rules of Professional Conduct; and
(2) shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney's participation in the matter.
§ 520.12 Proof of moral character.
(a) General. Every applicant for admission to practice must file with a committee on character and fitness appointed by the Appellate Division of the Supreme Court affirmations of reputable persons that the applicant possesses the good moral character and general fitness requisite for an attorney- and counselor-at-law as required by section 90 of the Judiciary Law. The number of such affirmations and the qualifications of persons acceptable as affirmants shall be determined by the Appellate Division to which the applicant has been certified.
(b) Affirmations. The affirmations filed shall state that the applicant is, to the knowledge of the affirmant, a person of good moral character and possesses the general fitness requisite for an attorney and counselor-at-law and shall set forth in detail the facts upon which such knowledge is based. Such affirmations shall not be conclusive proof as to character and fitness, and the Appellate Division to which the applicant has been certified may inquire further through its committee on character and fitness or otherwise.
(c) Discretion of Appellate Division. The Appellate Division in each department may adopt for its department such additional procedures for ascertaining the moral character and general fitness of applicants as it may deem proper, which may include submission of a report of the National Conference of Bar Examiners.
(d) Time to file admission application.
(1) Every applicant for admission to practice, other than applicants for admission without examination pursuant to section 520.10 of this Part, shall file a complete application for admission, including the affirmations required under subdivision (a) and any additional material required under subdivision (c) of this section, within three years from the date when the applicant sits for the second day of the Uniform Bar Examination, whether taken in New York or in another jurisdiction. The requirements of this subdivision shall not apply to any applicant for admission who has passed the New York State bar examination administered prior to July 2016.
(2) Any applicant for admission to practice who has passed the New York State bar examination administered prior to July 2016 shall file a complete application for admission, including the affirmations required under subdivision (a) and any additional material required under subdivision (c) of this section, within three years from the date of the letter sent by the New York State Board of Law Examiners notifying the applicant that the applicant has passed the bar examination.
§ 520.13 Designation of agent for service of process.
(a) Every applicant for admission to practice who does not reside and is not employed full-time in the State shall be required, as a condition of admission, to execute and file with the Appellate Division of the department in which the applicant is being admitted, a duly acknowledged instrument in writing setting forth the applicant's residence or mailing address and designating the clerk of such Appellate Division as the applicant's agent upon whom process may be served, with like effect as if served personally upon the applicant, in any action or proceeding thereafter brought against the applicant and arising out of or based upon any legal services rendered or offered to be rendered by the applicant within the State.
(b) Any such applicant may, at any time after being admitted to practice, revoke a designation filed with the Appellate Division pursuant to subdivision (a) of this section by executing and filing with such Appellate Division an affidavit revoking such designation and showing that, as of the date of such affidavit, the applicant resides or is employed full-time in the State or has an office therein for the practice of law; except such revocation shall be effective only with respect to causes of action accruing after the filing thereof.
(c) Service of process on the clerk of the Appellate Division, pursuant to a designation filed pursuant to subdivision
(a) of this section, shall be made by personally delivering to and leaving with such clerk, or with a deputy or assistant authorized to receive such service at the clerk's office, duplicate copies of the process together with a fee of $25. Service of process shall be complete when such clerk has been so served. Such clerk shall promptly send one copy of the process to the person to whom it is directed, by certified mail, return receipt requested, addressed to such person at the address specified in the designation or at such other address as such person shall have specified in a duly acknowledged supplemental instrument in writing which such person shall have filed in the office of such clerk.
§ 520.14 Application for waiver of rules.
The Court of Appeals, upon application, may in its discretion vary the application of or waive any provision of these rules where strict compliance will cause undue hardship to the applicant. Such application shall be in the form of a verified petition setting forth the applicant's name, age and residence address, the facts relied upon and a prayer for relief.
§ 520.15 Rules of the New York State Board of Law Examiners.
The New York State Board of Law Examiners may from time to time adopt, amend or rescind rules, not inconsistent with these rules, as it shall deem necessary and proper to enable it to discharge its duties as such duties are established by law and by these rules. The rules so established by the board shall not be adopted, amended or rescinded except by a majority vote of the members thereof. A copy of each rule adopted, amended or rescinded must, within 30 days of such action, be filed in the Office of the Secretary of State.
§ 520.16 Pro Bono requirement for bar admission.
(a) Fifty-hour pro bono requirement. Every applicant admitted to the New York State bar on or after January 1, 2015, other than applicants for admission without examination pursuant to section 520.10 of this Part, shall complete at least 50 hours of qualifying pro bono service prior to filing an application for admission with the appropriate Appellate Division department of the Supreme Court.
(b) Pro bono service defined. For purposes of this section, pro bono service is supervised pre-admission law-related work that:
(1) assists in the provision of legal services without charge for
(i) persons of limited means;
(ii) not-for-profit organizations; or
(iii) individuals, groups or organizations seeking to secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties or public rights;
(2) assists in the provision of legal assistance in public service for a judicial, legislative, executive or other governmental entity; or
(3) provides legal services pursuant to subdivisions two and three of section 484 of the Judiciary Law, or pursuant to equivalent legal authority in the jurisdiction where the services are performed.
(c) Supervision required. All qualifying pre-admission pro bono work must be performed under the supervision of:
(1) a member of a law school faculty, including adjunct faculty, or an instructor employed by a law school;
(2) an attorney admitted to practice and in good standing in a jurisdiction, provided that the supervisory work does not violate any statute, regulation or code regarding the unauthorized practice of law; or
(3) in the case of a clerkship or externship in a court system, by a judge or attorney employed by the court system.
(d) Location of pro bono service. The 50 hours of pro bono service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country.
(e) Timing of pro bono service. The 50 hours of pro bono service must be performed on or after May 1, 2012 and after the commencement of the applicant’s legal studies, and prior to filing an application for admission to the New York State bar. However, if the applicant attended an approved law school as defined in section 520.3(b) of this Part and will be admitted on or before December 31, 2015, eligible pro bono work may have been performed before May 1, 2012, provided it was performed after the commencement of the applicant’s legal studies.
(f) Proof required. Every applicant for admission shall file with the appropriate Appellate Division department an affidavit of compliance with the pro bono requirement, describing the nature and dates of pro bono service and the number of hours completed. The affidavit of compliance shall include a certification by the supervising attorney or judge confirming the applicant's pro bono activities. For each position used to satisfy the 50-hour requirement, the applicant shall file a separate affidavit of compliance.
(g) Prohibition on political activities. An applicant may not satisfy any part of the 50-hour requirement by participating in partisan political activities.
§ 520.17 Pro Bono Scholars Program.
(a) General. The Pro Bono Scholars Program is a voluntary component of legal education that provides law student participants in their final semester of study with an opportunity to assist in improving access to justice for persons of limited means while acquiring practical legal skills training. The program is administered by the Chief Administrator of the Courts or a designee and provided through approved law schools in the United States.
(b) Eligibility. A student may participate in the Pro Bono Scholars Program upon proof that:
(1) the student is enrolled in the final semester of law school study in a first degree in law program at an approved law school in the United States, as that term is defined in section 520.3 of this Part, and satisfies any eligibility requirements set by the student's law school; and
(2) upon successful completion of the Pro Bono Scholars Program the student will have satisfied:
(i) the instructional requirements of section 520.3(c) and (d) of this Part; and
(ii) the necessary requirements for graduation at the student's law school, and will be awarded a first degree in law.
(c) Program requirements. A student enrolled in the Pro Bono Scholars Program must complete:
(1) the New York State bar examination administered during the final semester of the student's law school study;
(2) at least 12 weeks of full-time pro bono work at a placement approved by the student's law school and the chief administrator or a designee, where such work will be supervised by an attorney admitted to practice in the jurisdiction where the work is performed and by a faculty member of the student's law school; and
(3) a concomitant academic component at an approved law school in the United States, and any other academic requirements set by the student's law school.
(d) Law school credit. A student who completes the Pro Bono Scholars Program must receive at least 12 academic credits for participation in the program. Up to 42.5 hours of the program may be completed during the fall semester immediately preceding the program participant’s final semester of law school study. Credit for such work may not be awarded until the entire program is completed.
(e) Pro bono service defined. For purposes of this section, pro bono service is full-time supervised law-related work that assists in the provision of legal services for:
(1) persons who are financially unable to pay for legal representation;
(2) not-for-profit legal service providers that predominantly address the legal needs of indigent clients where the work performed is for such clients; or
(3) governmental entities, so long as the work performed is on behalf of identifiable individuals who are financially unable to afford representation or whose unmet legal needs prevent their access to justice.
(f) Bar examination and accelerated admission to the bar. A student who participates in the Pro Bono Scholars Program must complete the New York State bar examination during the student's final semester of law study, provided the student's law school submits certification to the New York State Board of Law Examiners that the student, upon successful completion of the Pro Bono Scholars Program, will meet the requirements of section 520.3 of this Part and will be awarded a first degree in law. The State Board of Law Examiners shall not certify the student for admission to the bar pursuant to section 520.7(a) of this Part until the student has presented proof that the student has successfully completed the Pro Bono Scholars Program and has been awarded a first degree in law.
(g) Noncompliance. A student enrolled in the Pro Bono Scholars Program must complete all program requirements by the date established by the chief administrator or a designee and by the student's law school. The deadline for program compliance may be extended only in exceptional circumstances and upon a written request by the student's law school, submitted to the chief administrator or a designee, setting forth the specific reasons for the student's inability to timely complete the program. The determination whether to extend the deadline is within the discretion of the chief administrator or a designee. Absent a showing of exceptional circumstances, the failure to complete the program requirements by the deadline will result in the student's bar examination results being voided.
(h) Delegation of authority. The administrative power for the implementation and oversight of the Pro Bono Scholars Program, including, without limitation, the power to set forth requirements for the program's operation not inconsistent with any provision of this section, is vested in the chief judge or the chief administrator.
§520.18 Skills competency requirement for admission.
(a) General. Every applicant for admission to practice, other than applicants for admission without examination pursuant to section 520.10 of this Part, or applicants who qualify for the bar examination under section 520.4 or 520.5 of this Part, shall demonstrate that the applicant possesses the skills and values necessary to provide effective, ethical and responsible legal services in this State. An applicant may satisfy this requirement by submitting proof of compliance with one of the following five subdivisions.
(1) Law school certification of competence in skills and professional values.
(i) An applicant may submit from an American Bar Association-approved law school a certification confirming that:
(a) the law school has developed a plan identifying and incorporating into its curriculum the skills and professional values that, in the school's judgment, are required for its graduates' basic competence and ethical participation in the legal profession, as required by American Bar Association standards and rules of procedure for the approval of law schools standard 302(b), (c) and (d), and has made this plan publicly available on the law school's website; and
(b) the applicant has acquired sufficient competency in those skills and sufficient familiarity with those values.
(ii) For purposes of this subdivision, a school may certify that an applicant has attained the required skill level if the graduate received a grade that the school considers sufficient to demonstrate competence in courses the school has designated as teaching the skills and professional values needed for basic competence and ethical participation in the legal profession.
(iii) A law school may adopt such other means of assessing its students' achievement of the required skills for purposes of this subdivision, provided the school receives the prior approval of the Court of Appeals.
(2) Law school certification of credit acquisition. An applicant may submit a certification from the applicant's approved law school confirming that the applicant enrolled in and successfully completed 15 credit hours, as defined by American Bar Association standards for the approval of law schools, of practice-based experiential coursework designed to foster the development of professional competencies. The 15 credits may be earned in whole or half credits.
(i) For purposes of this subdivision, practice-based experiential coursework is coursework that:
(a) develops the concepts underlying the practice competencies being taught;
(b) provides opportunities for performance by the student other than traditional classroom discussion;
(c) provides for regular individualized student feedback from a faculty member; and
(d) provides opportunities for student self-reflection.
(iii) A law school may not count toward this requirement the first four credits earned in an introductory first-year legal research and writing class, first-year moot court class, or any combination thereof.
(iv) A student may earn up to six of the fifteen required credits through law school certified non-credit bearing summer employment supervised by an attorney in good standing in any state or territory of the United States or the District of Columbia. The supervising attorney must certify to the law school the beginning and ending dates of the employment, that the student satisfactorily completed the employment, and that the work experience: provided the student with an initial orientation session; implemented a system for assignments that assured that the student was actually engaged in the performance of legal work, including a diversity of tasks, as part of the ongoing practical work of the law office during normal business hours and throughout the required period; provided the student with experience and guidance in the skills and values required for basic competence and ethical participation in the legal profession; gave the student timely oral and written feedback; and engaged the student in reflection on his/her experiences and learning during the employment. At least 50 hours of full-time employment is required for each substituted credit under this subdivision.
(v) Alternative method of compliance. If the law school does not submit the certification as required in paragraph (2) of this subdivision, the applicant may submit evidence to the Court of Appeals that the requirements of this subdivision have been met by providing a list of the practice-based experiential courses taken by the applicant, the credits awarded, and the course descriptions and/or other information demonstrating that each course meets the requirements of this subdivision. Upon concluding that the applicant has submitted sufficient proof of compliance with this subdivision, the court shall issue a determination to that effect.
(3) Pro Bono Scholars Program. An applicant who has successfully completed the Pro Bono Scholars Program as prescribed in section 520.17 of this Part shall be deemed to have met the skills competency requirement.
(4) Apprenticeship. An applicant may complete a six-month full-time paid or unpaid apprenticeship in a law office in the United States, under the supervision of one or more attorneys who have, for at least two years, been admitted to practice and in good standing in the jurisdiction where the apprenticeship occurs. For an applicant who is unable to secure an apprenticeship in the United States, the applicant may complete the apprenticeship in a law office in another country, territory or commonwealth outside the continental United States, under the supervision of one or more attorneys who have, for at least two years, been in good standing and authorized to practice law in that country, territory or commonwealth. In countries, territories or commonwealths that permit the practice of law without formal admission, supervision by a law graduate who has not been formally admitted to the bar may suffice as long as the supervisor is authorized to engage in the relevant practice under the jurisdiction's rules, is in full compliance with the jurisdiction's rules, and has had at least two years of experience in the relevant practice.
(i) Timing. The apprenticeship shall be continuous for the six-month period, and shall commence after the conclusion of the applicant's law studies, except that an applicant who is required to complete an LL.M. program at an approved law school pursuant to section 520.6(b) of this Part may complete the apprenticeship before commencing the LL.M. program. The apprenticeship must be completed in its totality before the three-year application filing deadline provided in section 520.12(d) of this Part has elapsed.
(ii) Supervisor responsibilities. Apprenticeship supervisors are responsible for:
(a) certifying the beginning and ending dates of the apprenticeship;
(b) providing the applicant with an initial orientation session;
(c) implementing a system for assignment that assures that the applicant is actually engaged in the performance of legal work, including a diversity of tasks, as part of the ongoing practical work of the law office during normal business hours and throughout the required period;
(d) providing the applicant with experience and guidance in the skills and values required for basic competence and ethical participation in the legal profession;
(e) giving timely oral and written feedback to the applicant;
(f) engaging the applicant in reflection on his/her experiences and learning during the apprenticeship; and
(g) certifying that the preceding elements have been complied with, and that the applicant has satisfactorily completed the apprenticeship.
(iii) Any apprenticeship completed under this paragraph shall be conducted in compliance with all applicable Federal, State and local laws and regulations.
(5) Practice in another jurisdiction. An applicant who has been authorized to practice law in another United States jurisdiction or any other country, territory or commonwealth outside the continental United States may satisfy the skills competency requirement by establishing and submitting proof that the applicant has been in good standing and practiced law in that jurisdiction full-time for at least one year or half-time for two years following the applicant's authorization to practice. Prior legal practice may qualify even if it occurred without formal admission to the bar if the applicant engaged in lawful practice in a country, territory or commonwealth that permits legal practice without formal admission to the bar, and if the prior practice was for at least one year or half-time for two years, in full compliance with the jurisdiction's rules. For an applicant who qualifies for the bar exam after completion of an LL.M. degree pursuant to section 520.6 of this Part, the applicant's practice may occur before or after commencement of the LL.M. program.
(b) Proof required. An applicant shall submit to the appropriate Appellate Division department of Supreme Court an Affidavit of Compliance with the Skills Competency Requirement. The Appellate Division may, in its discretion, require the applicant to submit any additional proof it deems necessary to ensure compliance with this section.
(c) Implementation. For applicants who qualify for the bar examination under section 520.3 of this Part, and for applicants who qualify for the bar examination under section 520.6 of this Part on the basis of their foreign legal education alone, the requirements of this section shall first apply to those commencing their law study after August 1, 2016. For applicants who qualify for the bar examination under section 520.6 of this Part after the completion of a qualifying LL.M. program, the requirements of this section shall first apply to those commencing their LL.M. program after August 1, 2018.
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