Passing the New York Bar Friday, November 20 th 2009 Narimane Nabahi and Laurie-Ann Willett, B.C.L./LL.B. McGill Faculty of Law, 2009

What we will cover The Multistate Professional Responsibility Examination exam (MPRE) The New York Bar classes (BarBri) The New York Bar exam The application process

Conclusion You can and will (very likely) pass

Overview of the NY State Bar Admission requirements You need to – Get an MPRE of 85 or more – Graduate from McGill – Successfully pass the NY Bar exam – Provide a lot of documentation – Possess the “character and fitness” required

What you don’t need A “stage”/articling Prior law related work experience To be a US citizen To live in the United States

Multistate Professional Responsibility Examination exam – (MPRE) To test your knowledge of (common)ethic rules Not New York specific Can be taken anywhere in the United States You can take the exam prior to the NY Bar exam You can take the exam after the NY Bar exam

MPRE Multiple choice questions 2 hour exam – no time pressure Sample question – Attorney and Broker, a licensed real estate broker, entered into an agreement whereby Broker was to recommend Attorney to any customer of Broker who needed legal services, and Attorney was to recommend Broker to any client of Attorney who wished to buy or sell real estate. Attorney's practice is limited almost entirely to real estate law. Is Attorney subject to discipline for entering into the agreement with Broker? No, if neither Attorney nor Broker shares in the other's fees. Yes, because Attorney is compensating Broker for recommending Attorney's legal services. No, if the fees of Attorney and Broker do not clearly exceed reasonable fees for the services rendered by each. Yes, because the arrangement constitutes the practice of law in association with a non-lawyer.

Graduate from McGill We congratulate you in advance Necessary to be allowed to sit for the exam You will need to – Send in a handwriting sample – Send in a transcript

New York Exam Structure 4 components – 40% Multistate multiple choice (MBE) – 10% Multistate Performance Test (MPT) Typically writing a memo – 10% New York multiple choice questions – 40% New York essay questions

Bar classes or Bar preparation material BarBri – Kaplan PMBR – Pieper Bar Review – Also, other books published

BarBri classes Every day of the week 3 to 4 hours each day About 6 hours of homework each day – Work on your notes – Do practice problems About 11 hours of homework every weekend – Go over all your notes – Work on some problems (MBE, MPT, etc.)

BarBri – iPod or class at a location? iPod Pros – Start and stop when you want – Can go back if you missed something – No problems with holidays – Pajamas! Cons – Only audio – Sometimes can feel lonely – Slightly older material – Not receiving the same updates as video – More expensive Class at a location Pros – Can listen to 6 make up classes online – Video – Forces discipline – Classmates Cons – No control over start time or breaks – No control over holidays – Wasting time to come to school – It’s only a DVD

BarBri graded practice Full day MBE with results 2 NY essays 1 MPT Smart Study software

BarBri add-ons ($) Lecture on essay writing Additional grading of NY essays and MPT Review session

The examination itself Two full days Albany? Buffalo? – Reserve at both places in advance! Computer examination is an option – Requires Windows No clocks in the exam room – bring a (silent) watch No papers allowed inside the exam room Quiet snacks… and no flip flops!

Exam schedule Day 1, morning (3h 15min) – NY Multiple choice – 3 NY essays Day 1, afternoon (3h) – 2 NY Essays – MPT Day 2, morning (3h) and afternoon (3h) – 100 multiple choice questions (200 total)

Post exam 4 month wait for the results Collect documents, fill forms – 2 character references – Letters from every place where you performed legal work – And more…

Questions Don’t forget to register if you are taking the February 2010 exam! – The application period for the February 2010 NYS Bar Examination is currently open and will close on November 30, 2009 at 11:59 pm