Vt. R. Bar Adm. 8

As amended through August 12, 2024

Rule 8 - Graduate of a Non-approved Law School

(a)Within the United States. An Applicant who has graduated from a non-Approved Law School within the United States must satisfy the following requirements no later than the deadline for applying to take the Uniform Bar Examination in Vermont:

(1) demonstrate that the school attended was in the process of seeking accreditation by the American Bar Association during the Applicant's attendance and has not since been denied accreditation; and

(2) file an official transcript from the non-Approved Law School.

(b)Outside of the United States. An Applicant who has graduated from a foreign, non-Approved Law School ("Foreign Law School") must establish he or she has:

(1) completed a legal education at a Foreign Law School whose cUlTiculum provided training in a system based on the common law of England and that is otherwise equivalent to graduation from an Approved Law School, as determined by the equivalency detelmination process; and

(2) been admitted to the bar of a court of general jurisdiction in the country in which the Applicant attended the Foreign Law School and has maintained good standing in that bar or resigned from that bar while still in good standing. The Board may waive this requirement upon the Applicant's showing of good cause. For the purposes of this rule, "good cause" includes, but is not limited to, consideration of the reason(s) the Applicant is not admitted to the foreign bar, Applicant's admission and practice in another U.S. or foreign jurisdiction, and Applicant's legal employment and/or legal study.

(c)Equivalency Determination Process.

(1)Contents of Equivalency Determination Application. An application for equivalency determination must include:

(A) the Applicant's official transcript from the Foreign Law School;

(B) the Foreign Law School's course catalogue; and

(C) any other information required by the Board.

(2)Deadlines.

(A) To sit for the July Examination, the application for equivalency determination must be submitted no later than the preceding December 1.

(B) To sit for the February Examination, the application for equivalency determination must be submitted no later than the preceding August 1.

(C) An application for equivalency determination may also be submitted together with an application for admission by transferred UBE score.

(3)Written Report. To assist in determining the equivalency of an Applicant's course of study to the standards of an Approved Law School, the Board may retain an expert to prepare a written report ("Report"), which will assess:

(A) whether the Foreign Law School's curriculum provides training in a system based on the common law of England;

(B) whether the Foreign Law School is accredited or in the process of obtaining accreditation;

(C) whether the Applicant has studied at least half of the subjects of examination tested on the UBE;

(D) the Applicant's transcript and the Foreign Law School's grading system;

(E) whether the Foreign Law School's graduates are regularly admitted to the practice of law; and

(F) any other factors that may be relevant to determining whether the Applicant has completed a legal education that is equivalent to that of an Approved Law School.

(4)Additional Information. Upon completion:

(A) the Report will be provided to the Board and the Applicant; and

(B) the Applicant may provide or the Board may request further information.

(5)Costs. The Applicant is responsible for all costs associated with an equivalency determination. The Applicant must make a deposit to the Board before the Equivalency Determination commences.

(6)Result of Equivalency Determination. The Board will determine whether the Applicant has established that the Foreign Law School is equivalent to an Approved Law School.

(7)Waiver of Report. If the Board, in its discretion, determines it already has sufficient information to recommend approval of a Foreign Law School, it may waive the Report requirement.

(8)Extension. If a final determination on an Equivalency Determination Application has not been made before the administration of the Examination for which the application was submitted, it will remain pending for the subsequent Examination administration.

Vt. R. Bar Adm. 8

Effective 4/18/2016; July 14, 2017, eff. 9/18/2017; amended February 1, 2021 eff. 8/2/2021; amended February 7, 2022 eff. 4/11/2022.

Board's Notes-2022

Amendment Rule 8(b)(2) is amended to clarify what factors the Board of Bar Examiners considers when determining whether to waive the requirement of admission to the foreign jurisdiction.

Board's Notes-2021 Amendment

Rule 8 is amended to remove the cure provision in 8(c)(4) that allowed applicants with law degrees from non-common law countries to establish equivalency by completing a qualifying LLM at an ABA-approved law school. This change is based on the Board's experience that the applications from such applicants consume an excessive amount of administrative and Board time and the bar exam passage rate for these applicants is generally low. Notably, most other states do not have a comparable rule. Former Rule 8(c)(5)-(9) are renumbered 8(c)(4)-(8). Note that this amendment does not alter the ability of an applicant with a law degree from a common law country from having the Board consider an LLM from an ABA-approved law school as part of the equivalency determination process, pursuant to Rule 8(c)(3)(F).

Board's Note-2017 Amendment

Rule 8 is revised to reflect the Board's practice, based on prior Rule § 6(h) and current Rule 8(c)(3)(A), of requiring that an Applicant requesting an equivalency determination for a Foreign Law School have exposure to the common law. This training is now an express requirement of Rule 8(b)(I), ensuring Applicants complete their legal education at a Foreign Law School whose curriculum is based on the principles of the common law. Rule 8(c)(4) is added to include a cure provision for Applicants who do not otherwise meet the requirements of proposed Rule 8(b)(1). The cure provision permits Applicants to correct a deficiency by completing a Master of Laws degree at an Approved Law School in the United States, subject to specific requirements which focus on ensuring that Applicants receive sufficient training in common law principles, professional responsibility, legal writing, U.S. law, and UBE topics.

Some of these specific requirements are drawn from the New York Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, Rule 520.6. The New York Board of Law Examiners processes a much higher number of equivalency determinations than Velmont's Board of Bar Examiners, and its experience was instructive in the drafting of this revision.

Former Rule 8(c)(4)-(8) have been renumbered as 8(c)(5)-(9).

Board's Notes

This rule is drawn from the prior rules § 6(h).

The language regarding schools in the process of seeking accreditation has been revised slightly for clarity. A new provision allows the Board to waive, for good cause, the requirement that an Applicant who is a graduate of a foreign law school be admitted to practice in that jurisdiction. This new provision is consistent with the Board's practice, in exceptional cases, of recommending that the Court waive that requirement for some Applicants. New language has also been added to allow an Applicant seeking admission by transferred UBE score to request an equivalency determination. The provision for waiver of the usual equivalency report has been simplified to afford the Board discretion where the Board has sufficient information to recommend approval of a Foreign Law School. Finally, the new rule provides for the Board to make a final decision, rather than a recommendation to the Supreme Court. The Board's decision may be appealed to the Supreme Court as permitted by Rule 25.