The State of New York allows lawyers in foreign jurisdictions to sit the bar exam and gain admission to the New York Bar.  This article is intended to give Australian lawyers general guidance plus some practical tips and tricks to gaining admission to the New York Bar.  The material here will also apply, mutatis mutandis, to New Zealand lawyers (my law degree and first admission were in New Zealand).

If you are serious about gaining admission to the New York Bar then this article should be used as supplementary reading to the authoritative (and very good) material at the New York State Board of Law Examiners (BOLE) website: www.nybarexam.org.  Anything stated in this article is subject to the material at the BOLE website.  Regular updates to the process are posted on the BOLE website; in my experience these updates are usually minor although the BOLE has recently signalled substantial changes to the format of the bar exam (starting 2028).

There are three broad stages to gaining admission to the New York Bar.
 1. Have your eligibility to sit the New York bar exam evaluated by the BOLE;   
 2. Sit the New York bar exam; and
 3. Apply to the Court for admission to the New York Bar.

Each of these stages is covered in detail below.  But first I ask and answer the question you have managed to avoid thus far in your life: why should you gain admission to the New York Bar?

Why should you gain admission to the New York Bar?

Gaining admission to the New York Bar is quite the process.  It is difficult, drawn out and expensive. So why would you, an Australian lawyer, even want to do this? 
Firstly, admission to the New York Bar opens employment options in the United States.  Australian lawyers (sorry Kiwis – this bit doesn’t apply to you) can apply for an E-3 visa to the United States.  The E-3 visa requires an offer of employment in the United States.  (There is an annual cap of 10,500 E-3 visas granted, though this cap is generally not reached.)

Secondly, even if you don’t want to work in the United States, admission to the New York Bar substantially burnishes your curriculum vitae.  This is especially true if you are dealing with clients or potential clients who are outside Australia.  Such clients might have no idea about the quality or content of an Australian (or, in my case, New Zealand) law degree.  Your admission to the New York Bar will give confidence to such clients and may give you the edge in getting work from overseas clients.  A Chinese lawyer I spoke to told me that her law firm in Beijing paid substantially more to lawyers who were admitted to the New York Bar, presumably because overseas clients value that.

Preliminary comments around process and timeline

The process has strict deadlines and requirements. Map out a detailed timeline that suits you, accounting for travel to the United States at least once, and align it within the deadline constraints of the BOLE and the Court.  Don’t expect that you can decide to sit the New York Bar and then be sitting the bar exam next month – next year is more realistic.  Also don’t expect the good folk at BOLE or the Office of Attorney Admissions to bend the rules for you because of your situation (as I asked them to do when I found myself applying for admission from Southeast Asia!).  Approximately 10,000 people sit the New York Bar exam each year (the largest number of any US state).  So, the good folk at the BOLE and the New York Court need to keep the processes strict.

Stage 1: have your eligibility to sit the bar exam evaluated

There are a number of requirements for being eligible to sit the New York Bar exam.  Primarily, you must have qualified to be a lawyer in a common law jurisdiction. That will not generally be a problem for Australian lawyers. 

However, the documentation and timing requirements are exacting.  The BOLE requires that all documentation be provided directly from the relevant agency or university and bear the stamp or logo of the agency or university.  The documentation includes your official academic transcript, the degree conferred, your admission to practice law and the accreditation of the university to confer the qualification necessary to practice law. 

The BOLE strongly suggests that this is done at least 6 months in advance of applying to sit the bar exam.  In any event you must be evaluated at eligible to sit the bar exam before you sit it.  The lead time suggested by the BOLE gives you the time to sort out any problems or delays you might encounter in arranging for the required documents to be sent to the BOLE.  Your university will hopefully have done this for other New York Bar candidates (as mine had); that will facilitate that part of the process.  

Be sure to check the BOLE website for the latest detailed requirements (and follow them to the letter). 

Stage 2: sit the New York bar exam 

This is the stage where you do the hard yards.  The main components of this stage are studying for the bar and applying to sit the bar.  I also cover here the format of the bar exam and some logistics of sitting the bar exam.

A. Format of the bar exam

The bar “exam” is, in fact, four 3-hour exams.  These are scheduled morning and afternoon over 2 consecutive days in late February and late July each year.  The first 2 exams are multiple choice, and the second 2 exams are essay style questions.  You may see the multiple choice exams referred to as the Multistate Bar Exam (MBE) and the essay style exams as the Multistate Essay Exam (MEE) and Multistate Performance Test (MPT).  All exams are closed-book exams.  All the usual advice about pacing yourself in exams applies.  

The second day (essay style exams) has a lot of writing. Bring a spare pen and consider investing in a high-quality one with smooth ink flow to ease the strain on your hand. 

In addition to sitting the bar exam, you also need to sit the New York Law Exam (NYLE) and the Multistate Professional Responsibility Exam (MPRE).  Both are single session multiple choice exams.  The NYLE is an online exam offered four times yearly, while the MPRE is held three times annually and requires in-person attendance in the United States (although it needn’t be in New York, I sat the MPRE in Texas).

The good news about the NYLE and MPRE is that much less material is examined.  Each has its own set of deadlines for applying to sit.  See the BOLE website for NYLE details and the National Conference of Bar Examiners website for MPRE details.    

MPRE sitting dates are not aligned with the bar exam sitting dates; so, Australian lawyers either need to travel to the United States twice (as I did) or spend a few weeks in the United States to cover both the bar exam and the MPRE.  Both are expensive options (unless you want to hole up in Mexico between sitting the bar exam and sitting the MPRE).

B. Applying to sit the bar

The bar exam is held twice a year, in late February and late July.  For each sitting there is a month-long window in which you can apply: October for the February sitting and March for the July sitting.  As previously stated, the deadlines (described in detail on the BOLE website) are strict.  

This is where you pay the non-refundable fee of USD 750 for sitting the bar exam.

​Your eligibility to sit the bar (described above) must be evaluated before you sit the exam.  BOLE strongly suggests (as do I) that you apply for evaluation of your eligibility to sit, and provide all the required documentation, at least 6 months prior to the first day of the application window corresponding to your planned sitting date.  The actual deadlines for the evaluation application and documents are tighter (see the BOLE website) but you (really!) don’t want the combined stress of both studying for the bar exam and waiting to see if you have been evaluated as eligible to sit. 

C. Studying for the bar

Short version: sign up for a bar preparation course; aim to study 8 hours a day for the 10 weeks leading up to your exam date (with necessary adjustments for unavoidable work and family commitments).

It is true that some people pass the bar without doing a bar preparation course.  However, these people have studied law in the United States.  I don’t regard that as an option for Australian lawyers.  There are substantial parts of United States law that Australian lawyers will be unfamiliar with, notably the United States Constitution.  (Other parts of United States law, namely parts of the English common law that are unchanged by the Constitution, will be familiar to Australian lawyers.)  

BOLE statistics show that the great majority of people who study law in the United States pass the New York Bar exam on the first attempt.  However, less than half of people who studied law in other countries (Australia for example) pass on the first attempt.  

Anyway, you will be incurring the cost of travel to the United States to sit the bar.  You don’t want to have to do this more than once and so you will want to nail it the first time.

The main bar preparation courses are Barbri and Themis.  These cost USD 2,000 – 3,000.  I chose Themis because that had the edge in reviews I read (some reviews said that Barbri was unnecessarily difficult).  A friend used Barbri and fared well.  I can’t personally say how they compare except to say that only Themis has Zachary Kramer!  He lectured in property law (and some other subjects); Zachary is a funny guy whose delivery style lessens the drudgery and stress of studying law.  

Themis has both full and condensed notes for each subject, in both soft and hard copy.  Themis charges extra for sending the hard copy to Australia.  My hard copy notes didn’t arrive until after I had taken the bar exam (!) so I had to get by on the soft copy.  (Themis came through with a partial refund for that botch up.)  Themis has video lectures (with follow up quizzes) and mock exams toward the end of the course.  The essay components of the mock exams are graded by real people who give useful feedback.  The Themis course is self-paced, but the Themis software guides you into a suggested timetable based on the date of your exam.  You should aim to get through all of the bar preparation course to maximise your chances of passing (and since you paid good money for the course…).  In practice however, most people get through most of a bar preparation course and still pass; I got through 75 percent of Themis.  

Overall, I found that Themis was a good buy.  It is well organised with good support, and it got enough of the material into me to give me a solid pass in the bar exam.  Themis (and Barbri) offers a free MPRE course – you could do that as a trial, bearing in mind that the bar exam course covers a lot more material.

I also signed up for AdaptiBar.  Adaptibar serves up a great many multiple-choice questions for you to practice (and practice you should!).  It also has fulsome explanations for why each answer is or is not not correct (which explanations you should read!).  I found AdaptiBar very good.  It is well written software that runs on your phone and the explanations of the answers are excellent.

There is a lot of material to get through.  The bar exam tests the whole gamut of United States law.  It does not test the law in depth, but it covers a lot of ground.  It is not necessary to commit detailed case and statute citations to memory.  You will need to clear your calendar and tell loved ones that they won’t see much of you for a while.  Following advice, I studied approximately 8 hours per day for the 10 weeks leading up to the bar exam date.  If you have unavoidable work or family commitments that won’t allow you to study 8 hours a day, then you will need to start earlier.

And yes, although you’re sitting the New York Bar exam, it is not New York specific.  This is because New York has adopted the Uniform Bar Exam (UBE), starting in 2016.  The UBE is the bar exam in most (41) states in the United States.

D. Some logistics of sitting the bar exam

Most foreign trained lawyers are assigned to sit the bar exam in either Buffalo or Albany.  I sat the bar exam in Buffalo.  It’s a small city (and a little rough in places) but easy to find your way around.  I found an AirBnb within walking distance of the Buffalo Niagara Convention Center (the examination location).  Pro tip: Arrive at least 3 – 4 days early to adjust to jetlag and scout the exam location, ensuring a less stressful experience on exam day. 

For a February bar exam (as mine was), pack warm clothing and consider traction aids like spiked cleats for icy conditions, available through online retailers like Amazon.

On exam days leave any valuables, including your phone and smart watch, at your accommodation.  The exam administrators are very strict about what you can and can’t take into the exam room (you will receive an email with these details).  For example, you cannot take in your mobile phone or smartwatch (and yes, they want to see what you have in your pockets!).  There is a room where you can leave personal items (you have to leave your jacket there) but it is not very secure.  

Don’t expect to get individual help from people running the exam on the day.  This is not a criticism of those hardworking folk.  Many people are sitting the exam (I calculated over a thousand people sitting at Buffalo) – the queue to get in went around the block.  Just make sure you’re well organised on the day, with everything you need and nothing you don’t need.  The last thing you need is a panic on the day. 

If you’re sitting the bar exam at Buffalo, the Buffalo Niagara Convention Center provides boxed lunches.  These must be preordered and paid for online a day or more before the exam.  There are also cafes nearby where you can get lunch.  I had lunch at a café on the first exam day and bought a boxed lunch on the second day.  On balance, the boxed lunch is a better option – it is an adequate lunch, and you can stay in or close to the convention center during the break (so no jitters about getting back to the convention center in time for the second exam of the day). 

Stage 3: apply for admission to the New York Bar (and get admitted)

You’re on the home run now!  All that remains is for you to apply for admission to the New York State Bar and attend the admission ceremony.  This is (you guessed it!) an exacting process that you must follow carefully.  

Note that for this stage, you are dealing with the Court.  Therefore, as a future officer of the Court, you should show due deference.  Keep in mind that the Attorney Admissions people are busy so read all the information on the Third Department’s website and, if you must ask them any questions, be patient in waiting for their response.  I found them very helpful.

When you have sat and passed the bar, the NYLE and the MPRE you will be “certified” to the Third Judicial Department of the New York Supreme Court, Appellate Division.  (Out of state residents, eg Australians, are certified to the Third Judicial Department.)  You must provide the notice of certification and a number of other documents together with your application for admission.  This article provides general guidance only; check the Third Department’s website and any correspondence for up-to-date, detailed documentary requirements.

Required documents include the notice of certification, character affirmations, employer references, a certificate of good standing from your Australian jurisdiction, and proof of pro bono compliance.  You will fulfil the skills competency and professional values requirement if you have practiced law for a year or more.

Note that a certificate must be sent directly from your law school to the Third Department (although it can be emailed).

I was able to email my application and scanned documents to the Third Department even though the application form stated that it must be sent by hard copy.  The Court made an order during covid that applications can be emailed – check to make sure that the order is still in effect when you do yours.

After filing your application for admission, you may be required to have an interview with a Character and Fitness lawyer from the Court or you may be directly assigned a date to attend the admission ceremony.  Most admission ceremonies are online (mine was).  If you get allocated to an in-person admission ceremony, I understand that you can request a change to an online ceremony.

You’re very close now.  You only have to attend the online admission ceremony, take the oath of office and sign and return the Attorney Admission Verification Statement (AAVS).  The online admission ceremony will be at an unsociable hour in Australia (mine was at midnight).  Neither your camera nor your microphone is active during the ceremony however you are required to stand and recite the oath of office at the appropriate moment.  Note that the oath of office requires you to support the Constitution of the United States and the Constitution of the State of New York – you may wish to discuss this with your nearest ethics advisor if you hold high political or military office in Australia.

Plan to send the wet-signed, hard copy AAVS promptly after the ceremony, as delays can hold up your official admission.  

You are formally admitted to the New York State Bar when the Court has acknowledged (by email) the receipt of your completed Attorney Admission Verification Statement.  Congratulations!

Useful resources

The BOLE website (nybarexam.org) is excellent and authoritative. This is your primary source for the process.  Stick to this and you can’t go far wrong.

I found the Reddit barexam subreddit useful.  It covers all United States bar exams but much of it is applicable to the New York bar exam (since New York uses the Uniform Bar Exam).  Focus on threads offering practical study tips and experiences, avoiding unhelpful venting about the exam being difficult (it is) or unfair (it’s not).

A good bar preparation course such as Barbri or Themis is crucial for Australian lawyers preparing to sit the bar exam.  AdaptiBar is a valuable add on.

​This article!  And you can send me your questions if I have missed anything.  I also plan to do a 1-hour CPD seminar covering the topic.