N.Y. Comp. Codes R. & Regs. tit. 22 § 520.4

Current through Register Vol. 46, No. 16, April 17, 2024

Section 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);

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 520.4