us bar exam digest for international lawyers and law graduates

U.S. BAR EXAM DIGEST FOR INTERNATIONAL LAWYERS AND LAW GRADUATES2018

2 Bar exam information is subject to change without notice. Please verify with bar examiner’s office. | BARBRI-INTERNATIONAL.COM |

PASS A U.S. STATE BAR EXAM BY RELYING ON THE LARGEST BAR PREPARATION AND LEGAL EDUCATION COMPANY IN THE WORLD

Congratulations! You have taken the first step toward

your international legal career. In today’s increasingly

globalized world, demand continues to grow for

those who understand the workings and complexities

of the law of more than one jurisdiction.

BARBRI will prepare you to pass a U.S. Bar Exam.

Innovative testing and learning technologies

combined with years of experience training non-

U.S. lawyers and law graduates make BARBRI the

best partner when you decide to enhance your

career by becoming a U.S. attorney.

This digest provides information about the

bar exam and how you will prepare to pass

the exam with the BARBRI International Bar

Preparation program.

New York and California operate a relatively open

policy in permitting foreign law graduates or

lawyers to sit their bar examinations and they do

not impose restrictions to admission on grounds of

nationality or residence.

Graduates with a three- or four-year common law

degree[1] may be immediately eligible to apply

to sit the New York bar examination. Qualified

lawyers can apply to take the California Bar Exam,

and this includes qualified lawyers who have a

civil law background or are qualified in their home

jurisdiction through an alternative pathway.

While we strive to provide detailed information

in this guide, we encourage candidates to attend

an Open Day, or speak with a BARBRI team

member prior to enrollment so we can ensure

that you understand how to establish your

eligibility, and that you are able to study for and

sit the bar examination.

BARBRI has helped over 1.3 million candidates

succeed on a U.S. bar exam. Now, we are here

to help you.

For additional information on Open Days,

program locations and pricing, please visit

www.barbri-international.com.

[1] which must be of substantial and durational equivalence to an American law degree. Please contact us for advice on your eligibility.

U.S. BAR EXAM DIGEST

AMANDA LEE, Solicitor advocate, Seymours, London

To anyone with the goal of passing a U.S. bar exam and becoming U.S. qualified – go with BARBRI, make the time, do the work, apply the techniques and you’ll pass. Today, I am successfully dual-qualified as a New York attorney and Solicitor Advocate.

“

3 | BARBRI-INTERNATIONAL.COM | Bar exam information is subject to change without notice. Please verify with bar examiner’s office.

CALIFORNIA

Candidates who choose to sit the California Bar Exam are typically interested in pursuing careers in IT, IP, Entertainment and Sports Law industries. Approximately 25% of the candidates who study with BARBRI International choose to sit for the California Bar Exam.

U.S. BAR EXAM DIGEST

WHICH BAR EXAMINATION?

All areas of practice are available in every state, but California and New York

provide unique opportunities in certain industries.

NEW YORK

The majority of our applicants choose to sit the New York Bar Exam.

Candidates are typically interested in pursuing careers in Commercial or International Law. For example, Arbitration and Dispute Resolution, Financial Commodities, Oil & Gas, Real Estate Finance, Aviation, Capital Markets and Human Rights. Approximately 75% of the candidates who study with BARBRI International choose to sit for the New York Bar Exam.

Since Israel is a common law jurisdiction, graduates of accredited schools from Israel can qualify to sit for a U.S. state bar, particularly New York, with relative ease.

KOREN GRINSHPOON, L.L.M., Columbia Law School, James Kent Scholar

“


CALIFORNIA

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SimulatedExams

*MPRE(Pre-admission)

Bar Exam

CA 10-MONTH COURSE MILESTONES

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Request SS exemption + Register with CA bar

Enroll____________

Request SS exemption + Register with CA bar

BARBRI 6 month Bar Preparation Course:

• Sept – Feb or • Feb – Jul____________

Foundations in U.S. Law (Stage 1)____________

Subject lectures & various exam skills (5 months)

Submit application forCA Bar Exam

Bar Exam

*MPRE(Pre-admission)

Simulated Exams

CA 6-MONTH COURSE MILESTONES

*Please note that the MPRE can be taken before or after the bar exam in August, November and March.


• Sept – Jul or • April – Feb____________


Various exam skills (1 month)____________

Subject deep dives and continued exam skill development (9 months)


BAR EXAM: LAST TUESDAY AND WEDNESDAY OF FEBRUARY AND JULY The California bar exam is a 2-day exam.

Day 1: Three 60-minute essay questions (in the AM).

Two 60-minute essay questions and one 90-minute

Performance Test (in the PM).

Day 2: Multistate Bar Exam (MBE), a 200-question,

multiple-choice exam (100 questions in the AM, 100

questions in the PM).

SUBJECTS TESTEDMBE Subjects

Constitutional Law, Contracts/Sales, Criminal Law/

Procedure, Evidence, Federal Civil Procedure, Real

Property, Torts

California Essay Subjects

Business Associations (Agency and Partnership,

Corporations, and LLC), CA Civil Procedure, CA

Community Property, CA Evidence, CA Professional

Responsibility, Remedies, Trusts, CA Wills and

Succession, plus all MBE subjects.

California Performance Test

“Closed universe” practical questions using instructions,

factual data, cases, statutes and other reference material

supplied by examiners.

MPREA scaled score of 86 on the MPRE is required

for admission.

Visit www.ncbex.org for information on MPRE dates,

filing deadlines and application fees.

FILING DEADLINES AND FEES*To be timely, applications must be filed in the month

of October for the February exam and in the month of

March for the July exam. Please visit http://admissions.

calbar.ca.gov/Examinations/DatesDeadlines.aspx for

timely and final filing deadlines.

Attorney Applicant Eligibility Fee: $ 214

Law Student/ General Applicant Eligibility Fee: $119

Exam Fee: $677

Attorney Exam Fee: $983

Appl. for Determination of Moral Character: $551

LATE FILING EXAM FEES:

After Initial Deadline: +$50

After First Late Fee Period Expires: +$250

SCORINGThe MBE score is 50% of the total score, while the

written portion accounts for the other 50%. A passing

score of 1,440 on a 2,000 point scale is required based

on the combined scores of the California Performance

Test, the essay questions, and the MBE.

RECIPROCITYAcceptance of MBE Score

California does not accept an MBE score from an exam

taken in another jurisdiction.

Admission on Motion

California does not provide for admission on motion.

Examination is required of all applicants.

THE STATE BAR OF CALIFORNIA OFFICE OF ADMISSIONSLos Angeles Tel: (001) (213) 765-1500

San Francisco Tel: (001) (415) 538-2300

Web: www.calbar.ca.gov

CALIFORNIA

*Date depends on how the date falls. See http://admissions.calbar.ca.gov/Examinations/DatesDeadlines.aspx


NEW YORK

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Eligibility Evaluation

Submit Application for NY Bar Exam

SimulatedExams

*MPRE + *NYLE(Pre-admission)

Bar Exam

NY 10-MONTH COURSE MILESTONES

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Eligibility Evaluation


• Sept – Feb or • Feb – Jul____________


Subject lectures & various exam skills (5 months)

Submit application forNY Bar Exam

Bar Exam

*MPRE + *NYLE(Pre-admission)

Simulated Exams

NY 6-MONTH COURSE MILESTONES

*Please note that the NYLE and MPRE can be taken before or after the bar exam. The NYLE in August, October, December or May and the MPRE in August, November and March.


• Sept – Jul or • April – Feb____________


Various exam skills (1 month)____________

Subject deep dives and continued exam skill development (9 months)


BAR EXAM: LAST TUESDAY AND WEDNESDAY OF FEBRUARY AND JULY The New York Bar Exam is a 2-day Uniform Bar Exam (UBE).

Day 1: Two 90-minute Multistate Performance Test

questions (MPT in the AM) and six 30-minute Multistate

Essay Exam questions (MEE in the PM).

Day 2: Multistate Bar Exam (MBE), a 200-question,

multiple-choice exam (100 questions in the AM, 100

questions in the PM).

SUBJECTS TESTEDMBE Subjects: Constitutional Law, Contracts/Sales,

Criminal Law/Procedure, Evidence, Federal Civil

Procedure, Real Property, Torts

MEE Essay Subjects: Business Associations (Agency and

Partnership; Corporations and Limited Liability Companies),

Conflict of Laws, Family Law, Trusts and Estates

(Decedents' Estates; Trusts and Future Interests), Article 9

(Secured Transactions) of the Uniform Commercial Code,

plus all MBE subjects.

Multistate Performance Test: “Closed universe”

practical question using instructions, factual data,

cases, statutes and other reference material supplied

by the bar examiners.

MPRE: Applicant must pass the MPRE within three

years before or after passing the New York Bar Exam

as measured from the date the applicant sat for each

examination. A minimum scaled score of 85 is required.

Visit www.ncbex.org for information on MPRE dates,

filing deadlines and application fees.

FILING DEADLINES AND FEESApply online at nybarexam.org between 1-30th April

for the July exam or between 1-30th November for the

February exam. No early or late applications accepted.

Bar Exam Fee: $750 for foreign trained applicants

Bar Exam Laptop Fee: $100

New York Law Exam (NYLE) Fee: None

New York Law Course (NYLC) Fee: There is a

$27 fee for the NYLE which is payable to Examsoft.

GRADING AND RESULTSThe MEE and MPT scores are scaled to the MBE, with

the MBE weighted 50%, the MEE 30% and the MPT 20%.

The scores are combined to determine if the applicant

has achieved a passing score of 266.

ADDITIONAL INFORMATIONState Specific Content Knowledge

Applicants must complete the NYLC and NYLE. The

NYLC is an online, on demand course consisting

of approximately 15 hours of pre-recorded lectures

with embedded questions which must be answered

correctly before advancing within the offered

lectures. The NYLE is a 50 item, two hour, open

book, multiple choice online exam administered

at select dates and times throughout the year. The

passing score for the NYLE is 60% (an applicant must

answer 30 out of 50 questions correctly). Written

materials are available on the New York Board of Law

Examiners website. Applicants can take the NYLC

and NYLE up to one year before or three years after

sitting for the UBE, subject to the application filing

deadline of the Court of Appeals (requires filing

within 3 years from the date when the applicant sits

for the UBE). Applicants must complete the NYLC

before they can register for the NYLE.

Pro Bono Hours

Candidates seeking admission to the New York Bar must

file documentation showing completion of 50 hours of

qualifying pro bono work.

Qualifying work can be done in another state or country

but must have been completed after 1st May 2012. You

may begin any time after you commence your legal

studies, as long as the pro bono work does not violate

your law school’s regulations or policies. Qualifying pro

bono work must be completed before you submit your

Application for Admission to the appropriate Appellate

Division of the New York Supreme Court.

Once you have received confirmation of passing the

New York bar exam, your Application for Admission must

be filed within 3 years. Visit: http://www.nycourts. gov/

attorneys/ probono/baradmissionreqs.shtml

Skills Competency and Professional Values

All applicants commencing studies after August 1, 2016

must establish they have acquired skills and professional

values necessary to practice law. This can be achieved

via one of five distinct “pathways” defined by Sec. 520.18

of the Rules of the Court of Appeals.

NEW YORK BOARD OF LAW EXAMINERSTel: (518) 453-5990

Web: www.nybarexam.org

NEW YORK


MPRE

FREE MPRE REVIEW

You receive access to a substantive outline of

the MPRE law, including the various codes, and

practice exams containing actual MPRE questions

and model answers are provided.

ONLINE LECTURES You will also access comprehensive

lectures which review the scope,

substance and techniques needed to

undertake the MPRE.

THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

In addition to the Bar Examination, the Multistate

Professional Responsibility Examination (MPRE) must be

passed before being certified for admission to practice as

a New York or California Attorney-at-Law.

The MPRE is not considered a particularly difficult

examination but BARBRI recommends two weeks of

concentrated study in order to ensure first time success.

The MPRE preparation is provided free of charge by

BARBRI as part of your Bar Preparation program.

MPRE EXAM DETAILThe MPRE is a 2-hour, 60 question multiple-choice

examination on ethics and professional conduct

covering the American Bar Association’s (ABA) Code of

Responsibility, the Model Rules of Professional Conduct

and the ABA Code of Judicial Conduct.

Timing: The MPRE is administered by the National

Conference of Bar Examiners in March, August and

November each year.

NATIONAL CONFERENCE OF BAR EXAMINERSWeb: www.ncbex.org/exams/mpre

BARBRI INTERNATIONAL MPRE PROGRAMOur MPRE Review illustrates how the issues are framed

on the exam and how you should apply the law. You

will be well prepared to answer questions in the

mindset that the examiners expect from a U.S. licensed,

practicing attorney.

The program provides:

• Comprehensive lectures which review the scope,

substance and techniques needed to undertake

the MPRE.

• Substantive outline of the MPRE law, including the

various codes, and practice exams containing actual

MPRE questions and model answers are also provided.


PREPARING FOR THE BAR EXAM WITH THE BARBRI INTERNATIONAL BAR PREPARATION PROGRAM

We understand and value the trust that is placed in us to help candidates through this critical point in their lives.

BARBRI has maintained that trust for over 50 years helping over 1.3 million people become U.S. licensed attorneys.

With the BARBRI International Bar Preparation program, you can expect:

• 1:1 support at every step, including advice on eligibility

• A tailored and flexible program to meet learning needs of non-U.S. law graduates

• Multiple study options, including online or classroom

• Exam-focused, pre-recorded lectures delivered by prominent U.S. law professors

• Expert facilitators and course director support

• Specifically designed program to accommodate candidates who may have other professional or academic commitments

For additional information on Open Days, program locations and pricing, please visit www.barbri-international.com.

Passing a U.S. Bar Exam gave me a unique opportunity to expand my legal career to an international level, to practice law in the United States and to handle complex cross-border legal matters.

The London office of Latham & Watkins boasts a high yield team that includes more than 50 U.S. qualified lawyers. So qualifying as a New York attorney through BARBRI was imperative to get exposure in this area.

PHILIPP HAGENBUCH, Trainee Solicitor at Latham & Watkins

“

ELENA GOOR BARRON, Bachelor of Law LL.B. from IDC Herzliya, Israel

“


FOUNDATIONS IN U.S. LAW DESIGNED FOR NON-U.S. EDUCATED LAW GRADUATESPreparation for the bar exam begins as soon as a

candidate has enrolled on the BARBRI International

program with online access to Foundations in U.S. Law.

This unique program of directed independent learning

is designed to provide you with an introduction to the

exam skills required for, as well as to the core 7 subjects

tested on, the bar examination.

THE BEST U.S. LAW PROFESSORSPrior to the commencement of the International Bar

Preparation program, each candidate is supplied with a

full set of printed materials for their forthcoming studies.

BARBRI International has the finest faculty in bar

preparation, consisting of renowned American law

school professors who teach you the substantive law

for each multistate and state subject while highlighting

commonly-tested issues and how to handle them.

The lectures are wholly examination-driven. They are

carefully crafted to convey what you need to know in

each subject. These lectures are recorded live in the

U.S. and replayed by our facilitators at all classroom

sites, and are available to each candidate online

throughout the program.

PERSONAL STUDY PLAN At the heart of the BARBRI International Bar

Preparation program is your online BARBRI Personal

Study Plan (PSP).

Your “PSP” is an innovative game-changer in data-

driven, adaptive bar review. Your PSP knows your state

bar exam – what has been tested and how frequently

over 100 exams.

Frequent progress assessments help you study

smarter. Your PSP analyses more than 1,000 points of

data collected from your assignments, grades, practice

exams and practice essays. This helps you hone in and

improve on areas of law that need the most attention

so you spend your study time where it will yield the

best results.

PREPARING WITH BARBRI INTERNATIONAL

OUR FACULTY

You will learn from expert U.S. bar preparation lecturers

who are deeply mindful of helping you pass the bar exam.

These prominent scholars are familiar with every trend and

nuance of the law tested on the bar exam. They’ll point out

where to concentrate your study efforts so you maximize

your study time.

SIMULATED EXAMSTwo simulated bar exams are held throughout each bar

preparation course.

The exam experience is replicated to test your endurance

and your decision-making under time pressure. This

realistic practice gives you the opportunity to fine-tune

your bar exam technique and instills the confidence

necessary for success on the actual bar exam.

Additionally, the exam results provide you with further

insight into areas to improve upon so that you can

continue to use your valuable time to study smarter.

DIRECTED ESSAY GRADINGUnder the BARBRI Directed Essay Grading, you’ll start

with Essay Architect. Essay Architect is an exclusive,

online tool designed to provide you with immediate

feedback, enhancing your ability to write the ideal bar

exam essay answer.

Essay Architect is assigned as an early learning tool

and takes you through a series of steps so you learn to

critically read bar exam questions, enhance the speed of

your essay writing and construct strong answers.

Using drag-and-drop features, you build your practice

essay following the Issue Rule Analysis Conclusion

(IRAC) format. Immediate feedback reinforces

organization and structure.

After working with Essay Architect, you may submit three

set practice essays to BARBRI for grading and personlized

feedback on the style of your writing and the substantive

content of your answer from a trained essay-writing expert.


DIRECTED ESSAY GRADINGThe online Essay Architect tool is used at

the start of your studies so you can see

what’s required when writing an essay.

PERSONAL STUDY PLAN

Your PSP does all the heavy lifting for you. It guides you through bar

review with exactly what you need, at just the right time. There’s a

reason for every assignment, activity and workshop.

It tracks your progress and adapts to your strengths and weaknesses.

Just follow the plan and concentrate on acquiring the knowledge and

skills to pass.


CLASSROOM LECTURE COURSE

6 MONTHBAR PREPARATION COURSE

10 MONTHBAR PREPARATION COURSE


6 MONTH v 10 MONTH COURSE OPTIONS

✓ Truly part-time option with greater flexibility designed for working legal professionals

✓ Have the ability to study no more than 10-15 hours per week

✓ May study for the NY or CA Bar Exam

✓ The 10-month program runs:

– September through July with the bar examination in July

OR

– April through February with the bar examination in February

✓ The 10-month duration is only offered as a distance learning Home Study program

✓ Designed for recent non-U.S. law graduates who would like to sit for a U.S bar exam as quickly as possible

✓ Have the ability to study 20-25 hours per week over 6-month duration

✓ May study for the NY or CA Bar Exam

✓ The 6-month program runs:

– February through July with bar examination in July

OR

– September through February with bar examination in February

✓ Candidates choosing a 6-month duration may select to attend a classroom location if convenient or the distance learning Home Study program


DISTANCE LEARNING HOME STUDY PROGRAM

CLASSROOM LECTURE COURSE


CLASSROOM-BASED ATTENDANCE v HOME STUDY OPTION

✓ Comprises same written and online materials as lecture course, accessed on demand following a detailed Personal Study Plan

✓ Watch pre-recorded lectures delivered by expert American law school professors and accessed online anywhere in the world through BARBRI’s online Personal Study Plan

✓ Encouraged to attend physical venues for mock exams

✓ Course Directors available at mutually convenient time to provide study guidance; Fortnightly communication from BARBRI and availability throughout the program

✓ Truly part-time option with greater flexibility designed for working professionals. Choose from:

– 6-month course duration requiring 20-25 hours of study per week OR

– 10-month course duration requiring no more than 10-15 hours of study per week

✓ Recommended for candidates who need more flexible study options or cannot attend the lecture course due to location or schedule conflicts

✓ For classroom candidates, live course components, led by U.S. attorney-qualifed facilitators, complement the online learning and serves as an opportunity to receive additional guidance, direction and support locally

✓ Pre-recorded lectures delivered by expert American law school professors are shown in the classroom and may also be accessed virtually through BARBRI’s online Personal Study Plan

✓ Classroom locations are offered in London, Dublin, Belfast, Paris and Dubai

✓ Classes held on Friday evening and Saturday or Thursday evening and Friday in the Middle East

✓ Time and study expectations are 20-30 hours per week over 6-month duration

✓ Recommended for candidates desiring structure and regular face-to-face contact

Both options are designed to allow candidates with full-time employment to work as normal and study at the same

time. BARBRI strongly recommends that candidates obtain a two to three week study sabbatical prior to sitting the bar

examination in February or July, and that candidates fully utilize the revision weekends set aside throughout the course

to ensure they keep on track with the study program.




BARBRI GUARANTEE

BARBRI International not only helped me to become the first CILEx lawyer to be eligible to sit the California bar but I believe it will be instrumental in my being the first to pass it also.

Every day, I am working with smart people who are deeply interested and engaged in their work. Having passed the New York Bar Exam and being qualified as a U.S. attorney is certainly helpful.

JOHN DICKENS LLB (Hons) FCILEx

HANNAH MCCARTHY, Attorney and Foreign Qualified Trainee, Freshfields

“

“

When you choose BARBRI as your partner to

prepare for the New York or California Bar Exam

either through the 6 or 10-month course option, via

Home Study or Classroom format, we provide you

every level of support to help ensure you will pass

the exam.

The sole purpose of the BARBRI International Bar

Preparation program is to teach you the specific

information that is needed to pass the exam. The

program is designed to utilize your time in the most

efficient way possible during the process.

We are very proud of the fact that 70% of the

students who completed at least 75% of the work

assigned through their BARBRI International Bar

Preparation Personal Study Plan passed the exam

the first time. This is an incredible success rate for

people who were not educated in the U.S. seeking a

U.S. qualification.

Even so, there are candidates who put in the time and

energy and ultimately fall short on the actual exam.

This is why, for a bit of extra reassurance, we offer the

BARBRI Guarantee. If you complete our study plan but

you do not pass at the first attempt, we will provide a

second preparation course free of charge. That is our

guarantee to you.


MATTHEW NASH, LLB, Solicitor-Advocate

YEWHOAN HONG, New York-licensed attorney


OUR ALUMNI

Our alumni are working around the world. We look forward to having you join this prestigious group. Welcome to the BARBRI network.

The New York Attorney-at-Law qualification comes with a certain prestige and international mobility. Not only do many employers hold the qualification in high regard, but many also have ties with New York, a prominent global financial hub.

Being qualified in another country, especially the United States, exponentially increases the scope of positive impact I can make in the world.

Being a U.S. qualified attorney puts an extra ‘string to my bow’ that carries real meaning to people, especially in America. I am extremely proud of this achievement as the California bar has the reputation of being the hardest in the United States.

“

FRANCISCA PRETORIUS, South African Lawyer & U.S. Attorney (Colorado)

“

“

OUR ALUMNI

Our alumni are working in the U.S. and around the world in

companies and law firms some examples of which include:

Other alumni work successfully in diverse international legal positions for

instance at the European Parliament, United Nations High Commissioner

for Refugees (UNHCR) and the International Criminal Court.

© 2017 BARBRI, Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any

form or by any means, electronic or mechanical, including photocopy, recording, or any information storage

and retrieval system, without permission in writing from the publisher. Printed in the United States of America.

BARBRI-International.com / 081-17 /

• State Street Global Advisors

• Ernst & Young

• Deutsche Bank

• PricewaterhouseCoopers

• KPMG

• Citigroup

• Goldman Sachs

• Deloitte

• Bank of New York Mellon

• First Derivatives plc

• Facebook

• Google

• Bonn & Schmitt Avocats

• Dechert

• Clifford Chance

• Slaughter & May

• Baker & McKenzie

• White & Case

Documents

us bar exam digest for international lawyers and law graduates