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How Many Times Can You Take the Bar Exam in New York

We’re so glad you’re here. We’d like to give you a brief introduction to how many times you can take the Bar Exam in New York, because it’s pretty complicated and we need you to be an expert on this before you start your new job.

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First, it depends. If you have never taken the Bar Exam in New York or any other state before, then there is no limit. You can take the exam as many times as you want until you pass. It’s a lot of work and it costs a lot of money, but the point is that if you want to take it every year for the rest of your life, that’s allowed.

If, however, you have taken the Bar Exam in another state and failed, then there are some restrictions on how many times you can take it in New York. The maximum number of attempts is determined by what percentage of test-takers who took the exam with you passed:

If 75% or more of test-takers pass, then you can only take the exam three times within two years.

If less than 75% of test-takers pass, then there is no limit on how many times you can take the exam within two years.

The bar examination is an arguably nerve-wrecking experience that requires you to pass the state bar of the state in which you want to become a licensed attorney. A lot of time, money, and energy is put into studying for the exam, but the question remains: How many times can you take the bar exam in New York?

Details about how many times can you take the bar exam in california, how many times can you take the bar exam in georgia & how many times can you take the bar exam in illinois can be found here. Feel free to keep reading to receive the most updated information. You will also discover related posts on how many times can you take the bar exam in massachusetts & how many times can you take the bar exam in texas on collegelearners.

The New York Bar Exam Postponed Again? Contingency plans announced

 

States with No Limits on the Number of Times You Can Take the Bar Exam

  • Alabama
  • Alaska
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Louisiana
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Tennessee
  • Washington
  • Wisconsin
  • Guam
  • Northern Mariana Islands
  • Palau

States with Discretionary Limits on the Number of Times You Can Take the Bar Exam

  • Arizona [3]
  • District of Columbia [4]
  • Idaho [6]
  • Iowa [2]
  • Maryland [3]
  • Montana [3]
  • South Carolina [3]
  • South Dakota* [3]
  • Texas [5]
  • Utah [6]
  • Virginia [5]
  • West Virginia [4]
  • Wyoming [4]
  • Puerto Rico [6]
  • Virgin Islands [3]

States with Absolute Limits on the Number of Times You Can Take the Bar Exam

  • Kansas [4]
  • Kentucky [5]
  • New Hampshire [4]
  • North Dakota [6]
  • Rhode Island [5]
  • Vermont [4]

If you are looking for New York bar exam assistance options, please review several resources below.

  • Looking for Uniform Bar Exam Help?We offer the following products and services:
    • A five-star UBE course — that provides you with the best instruction, outlines, and released questions. Preview our course for free here to see sample lectures, outlines, and materials.
    • COVID-19 SALE: Due to the pandemic, we are offering discounted rates on our On Demand and Premium Bar Exam Courses. Use coupon code COVIDOD at checkout to place your $99.99 deposit and lock in your $999.99 pricing for our On Demand Course (if you are ready to pay in full, use coupon code COVIDODFULL). If you are interested in our Premium course, use coupon code COVIDPREM at checkout to place your $499.99 deposit and lock in your $3499.99 pricing (if you are ready to pay in full, use coupon code COVIDPREMFULL).
    • Uniform Bar Exam tutoring services – tailored to you.
    • MBE services and products, including an MBE Course, MBE Seminar, and MBE One-Sheets and real MBE questions.
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New York Bar Exam Pass Rate

We’ve all heard the horror stories. You know, the ones about how long and grueling the bar exam is.

And hey, it’s no joke—the test is hard. But the numbers don’t lie: some people have a harder time passing than others.

If you’re an adult, you probably know that not everyone passes the first time they take their driver’s license exam. Just like with driver’s licenses, there are some states where it’s easier to pass the bar exam on your first try than in others. In fact, while some states have a passing rate as high as 81% (looking at you, Oklahoma), other states have a passing rate as low as 45% (sorry, California).

Of course, there are many factors that contribute to these differences in pass rates across the country. Some of these include things like the number of law schools in each state or the population density of each state.

But when it comes down to it, we don’t care why these pass rates are different—we only care that they are different! That’s why we think it’s important to be aware of which states have higher or lower pass rates when deciding where to take your bar exam.

Understanding which states allow limited attempts at the bar exam is important. Being informed on the limits for your state or jurisdiction can dictate your studying strategy if you are on your last attempt.

The good news is that you can take the New York bar exam an unlimited amount of times if you do not pass. New York does not place a limit or a restriction on the number of times you may attempt to pass the bar exam. This, of course, does not mean that you want to take it numerous times.  But it does take pressure off of you if you are afraid you may fail the bar exam.  

Some UBE states (and several non-UBE states) only allow you to take the bar exam a number of times (usually 3-5) before saying you need more special permission or simply disallowing you to take the exam for a number of years. Thankfully, New York is not one of those states.

New York Bar Exam Pass Rate Falls After Long Tests (Correct)

How many times can you take the bar exam?

How many times can you take the bar exam? Nobody wants to think about taking the bar exam multiple times. However, it is useful to know how many times you can take the bar exam before being prohibited from taking it again or before needing special permission. For example, if you can only take it two or three times in your jurisdiction, then you should not take it unless you feel as prepared as possible, especially if you are on your “last” attempt.

However, if you can take the bar exam an unlimited amount of times in your state, being super-prepared for the one you sit for isn’t as of supreme importance and other factors can weigh into a decision to take the exam (for example, some students just need a bar exam under their belt to see how it is, how they do, and get over that initial intimidation of the bar exam).

This convenient picture shows which states impose restrictions on the number of times you can take the bar exam and which states do not. You can see that the majority of states do not impose limitations and allow you to take the exam as many times as you need to! We also explain some specific state policies further below.

How to Prepare for the Bar Exam

States fall into three different categories in terms of their approach:

  • No limits: The vast majority of states do not limit the number of times that you are able to sit for the bar exam (so in theory, you can sit for the bar as many times as you want).
  • Discretionary limits: Some states impose limits (anywhere from 2 to 6) but allow you to take the exam more than that if you get special permission from the state bar.
  • Hard limits: A minority of states impose hard limits on how many times you can take the bar exam (e.g., after a certain amount of times, you can no longer sit for that bar exam).

We organize these states by category below so that you can easily see what your jurisdiction does.

Note: The below information has been gathered from the NCBE Bar Admission Requirements Guide. Please see your specific jurisdiction’s requirements for specific inquiries. Note that if your jurisdiction has adopted the Uniform Bar Exam recently, they may have also changed their rules. So be especially aware of that!

For the following jurisdictions, there is no limit
on the number of times you can take the exam:

Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana*, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Washington, Wisconsin, Wyoming, Guam, Northern Mariana Islands, Palau

*[See below to understand what the asterisk means!]

The following jurisdictions limit the amount of times
you can take the bar exam without special permission:

Arizona (3)*, District of Columbia* (4), Idaho (6) Iowa (2), Maryland (3), Montana (3), South Carolina* (3), South Dakota* (3), Texas (5), Utah (6), Virginia (5), West Virginia* (4), Puerto Rico (6), Virgin Islands (3)

The following jurisdictions limit the amount of times
you can take the exam and impose hard limits
(i.e. no special permission will be given!)

Kansas (4), Kentucky (5), New Hampshire (4), North Dakota (6), Rhode Island (5), Vermont (4),

*[See below to understand what the asterisk means!]

Below are a few notes on specific states:

Arizona: We are aware of students who were able to request special permission and who have told us that permission to retake the exam is generally permitted.  In fact, multiple students have been granted permission with relative ease. 

District of Columbia: After taking the bar exam four times, an applicant must show “extraordinary circumstances” to take it another time.

Louisiana: Louisiana used to limit the number of times an applicant could take the bar exam without special permission to 5, but no longer does.

South Carolina: There is no limit on the number of times but additional study is required after the third failure, making it impossible to sit but 1 time each year. (Note: South Carolina recently adopted the UBE so this may be subject to change.)

South Dakota: Applicants must get Supreme Court permission to take exam after three failures in any jurisdiction or combination of jurisdictions

West Virginia: Applicants are limited to four failed exams in West Virginia or any other state before special permission from the Board is required.

  • Looking to Pass the Bar Exam?We offer the following products and services:
    • A five-star  UBE course that provides you with the best instruction, outlines, and released questions. Preview our course for free here to see sample lectures, outlines, and materials.
    • COVID-19 SALE: Due to the pandemic, we are offering discounted rates on our On Demand and Premium Bar Exam Courses. Use coupon code COVIDOD at checkout to place your $99.99 deposit and lock in your $999.99 pricing for our On Demand Course (if you are ready to pay in full, use coupon code COVIDODFULL). If you are interested in our Premium course, use coupon code COVIDPREM at checkout to place your $499.99 deposit and lock in your $3499.99 pricing (if you are ready to pay in full, use coupon code COVIDPREMFULL).
    • Bar Exam Private Tutoring services tailored to you.
    • MBE services and products, including an MBE Course, MBE Seminar, and MBE One-Sheets and real MBE questions.
    • MEE services and products, including an MEE course, MEE seminar, and MEE One-Sheets.
    • MPT services and products, including an MPT seminar, MPT guide and private tutoring.

Bar Exam Eligibility

METHODS OF QUALIFYING FOR NEW YORK BAR EXAMINATION

Section 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law provides four routes for an applicant to qualify to take the New York bar examination, all of which require at least some form of classroom study in a law school.

1. ABA Approved Law School Study (JD graduates) – Applicant attended and was graduated with a first degree in law from a law school or law schools in the United States which at all times during the period of applicant’s attendance was or were approved by the American Bar Association (ABA). (Section 520.3 of the Rules of the Court of Appeals)

A guide to the New York Bar Exam for foreign lawyers - BARBRI

2. Law Office Study/Clerkship – A combination of law school study at an ABA approved law school and law office study  (520.4 of the Rules of the Court of Appeals).

3. Unapproved Law School Study – Graduation from an unapproved law school in the United States with a Juris Doctor degree and practice in a jurisdiction where the applicant has been admitted for 5 of the 7 years immediately preceding application to sit for the New York bar examination. (Section 520.5 of the Rules of the Court of Appeals)

4. Foreign Law School Study – Successful completion of a program of study at a law school outside of the United States that is both durationally and substantively equivalent to a program of study at an approved law school in the United States, and if required, successful completion of an additional program of study at an approved law school in the United States. (Section 520.6 of the Rules of the Court of Appeals) (See also, “Foreign Legal Education” section of this website)

5. Pro Bono Scholars Program – Students in their final year of their Juris Doctor degree program at an ABA approved law school may qualify to sit for the February bar examination in return for devoting their last semester of study to performing pro bono legal services through an approved program. Interested students should consult Section 520.17 of the Rules of the Court of Appeals. More detailed information is availablat http://www.nycourts.gov/ATTORNEYS/probonoscholars/index.shtml.

Applicants are strongly encouraged to carefully review the eligibility requirements in Section 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law before applying to sit for the bar examination. It is the responsibility of each applicant to be aware of the eligibility requirements and to demonstrate their compliance with the requirements of the Court Rules.

How Much Does It Cost to Study for and Take the Bar Exam?

JURIS DOCTOR GRADUATES OF ABA APPROVED LAW SCHOOLS

Prospective applicants for the New York bar examination who are pursuing a Juris Doctor degree at a law school approved by the American Bar Association (ABA) should be aware that the requirements of Rule 520.3 may be more restrictive than the ABA standards. Graduation from an ABA approved law school does not automatically qualify an applicant to sit for the New York bar examination.

Approved Law Schools. The law school which the applicant attended must have been approved by the ABA during all periods of the applicant’s attendance and must be located in the United States or its territories. Provisional ABA approval is acceptable provided that the law school had provisional status during all periods of the applicant’s attendance. If the law school did not have ABA approval during all periods of the applicant’s attendance, it will be necessary for the applicant to petition the Court of Appeals under Section 520.14 of the Rules of the Court of Appeals, for a waiver of strict compliance with the provisions of Section 520.3 of the Court Rules. Applicants who will need to petition the Court of Appeals for a waiver should do so as early as possible and preferably no later than 60 days prior to the date of the bar examination.

Overview of Instructional, Credit Hour and Course of Study Requirements (Applicants should read Rule 520.3 in its entirety for all requirements):

  • Program and course of study at ABA approved law school must be completed no earlier than 24 months and no later than 60 months after the student commenced of all law study at the law school or a law school from which the school has accepted transfer credit.
  • At least 83 credits hours must be required for graduation.
  • At least 64 of the 83 credit hours must be earned in classroom study.
  • At least 2 credit hours must be earned in a course in professional responsibility.
  • A minimum of 700 minutes of instruction time, exclusive of examination time, must be required for the granting of one credit hour.
  • Credit may be granted toward the 83 credit hours for clinical courses and such credit may be counted toward the 64 classroom credit hours provided the credits meet the requirements in Court Rule 520.3(c)(2).
  • Credit may be granted toward the 83 credit hours for externships and field placements but such credit may not be counted toward the 64 classroom hours except that credit separately awarded for a classroom instructional component of a field placement program or externship may be counted toward the 64 classroom credit hour requirement.
  • There is no limit on the total number of credits granted for clinical courses, field placements, externships and other experiential learning courses.
  • Up to 12 credit hours may be awarded toward the 83 credit hours (but not the 64 classroom credit hours) for joint degree or other courses taught at another school within the university or at a school affiliated with law school.
  • Up to 15 credit hours of distance education courses, within defined parameters, may be included in the 83 credit hours and the 64 classroom credit hours.See 520.3(c)(6).
  • No more than one-third of total credits required for graduation may come from study in a foreign country.

Waiver Petition and Cure. The Board has no authority to waive any of the requirements of the Court Rules, such power being vested solely in the Court itself. Should you wish to petition the Court, under 22 NYCRR § 520.14, for a waiver of strict compliance with Court Rule 520.3 and for an order admitting you to the examination, your verified petition, in duplicate, should be addressed to the Clerk of the Court, Court of Appeals Hall, 20 Eagle Street, Albany, NY 12207. Should you have any questions concerning the petition process, you should visit the “Frequently Asked Questions” section of the Court’s website at http://www.courts.state.ny.us/ctapps/admattrnyfaq.htm.

 Applicants who have not satisfied the two-credit Professional Responsibility course requirement may, in lieu of petitioning the Court of Appeals for a waiver, make take a two-credit professional responsibility course on a non-degree basis at an ABA approved law school in the United States, either in a classroom course or via distance education (provided that the student has not already exceeded the 15 credit limit of distance education credits).

Proof of Compliance Required for Graduates of ABA Approved Law Schools. Applicants qualifying to sit for the bar examination under Section 520.3 must file with the Board a completed Certificate of Law School Attendance Form, together with the completed Specimen of Applicant’s Handwriting Form, no later than February 1st for the February exam and no later than June 15th for the July exam. The Law School Certificate of Attendance Form and the handwriting form that must be completed will be emailed to applicants after the application filing period has closed.

In conclusion, the New York bar exam is a great opportunity for those who have graduated law school and are looking to start their legal career. While it can be difficult at times, there are many resources and support systems in place to help you prepare for the exam and pass.

It is important to note that while you may take the New York bar exam as many times as you want, you should be aware of your limits and what you will need to do in order to succeed each time. Taking multiple exams could lead to burnout or even failure if you aren’t prepared for them properly at first.

The New York bar exam is one of the most difficult state bar examinations in America but also one of the most rewarding if passed successfully, so it’s worth taking on even if it requires more than one attempt!



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