(b) Legal education. The
applicant must satisfy the educational requirements of either paragraph (1) or
(2) of this subdivision.
(1)
The applicant shall show fulfillment of the educational requirements for
admission to the practice of law in a country other than the United States by
successful completion of a period of law study in a law school or schools each
of which, throughout the period of the applicant's study therein, was approved
by the government or an authorized accrediting body in such country, or of a
political subdivision thereof, to award a first degree in law, and satisfaction
of the following requirements:
(i)
(a) Durational requirements. The program
and course of law study successfully completed by the applicant was
substantially equivalent in duration to the legal education provided by an
American Bar Association approved law school in the United States, and in
substantial compliance with the instructional and academic calendar
requirements of section
520.3(c)(1)(i) and (ii)
and (d)(1) of this Part; and
(b) Substantive requirements.
Such other country is one whose jurisprudence is based upon the principles of
English Common Law, and that the program and course of law study successfully
completed by the applicant were the substantial equivalent of the legal
education provided by an American Bar Association approved law school in the
United States.
(ii) Cure provision. An applicant who
does not meet the requirements of subparagraph (i)(a) or (i)(b) may cure either
the durational or substantive deficiency, but not both, under the following
circumstances:
(a) Durational
deficiency. If the applicant does not meet the durational requirements of
subparagraph (i)(a), the applicant may cure the deficiency by providing
satisfactory proof that the applicant has at least two years of foreign legal
education that meets the substantive requirements of subparagraph (i)(b) and
that the applicant has graduated from an LL.M. degree program at an American
Bar Association approved law school in the United States meeting the
requirements of subdivision (b)(3) of this section.
(b) Substantive deficiency. If
the applicant does not meet the substantive requirements of subparagraph
(i)(b), the applicant may cure the deficiency by providing satisfactory proof
that the applicant meets the durational requirements of subparagraph (i)(a) and
that the applicant has graduated from an LL.M. degree program at an American
Bar Association approved law school in the United States meeting the
requirements of subdivision (b)(3) of this section.
(2) The applicant
shall show admission to practice law in a country other than the United States
whose jurisprudence is based upon principles of English Common Law, where
admission was based upon a program of study in a law school and/or law office
approved by the government or an authorized accrediting body in such country,
or of a political subdivision thereof, and which satisfies the durational
requirements of subparagraph (1)(i)(a) but does not satisfy the substantive
requirements of subparagraph (1)(i)(b) of this subdivision, and that such
applicant has successfully completed an LL.M. degree program at an American Bar
Association approved law school in the United States meeting the requirements
of subdivision (b)(3) of this section.
(3) An LL.M. degree shall be
satisfactory to qualify an applicant otherwise meeting the requirements of
subsections (b)(1)(ii) or (b)(2) to take the New York State bar examination
provided the following requirements are met:
(i) the program shall consist of a
minimum of 24 credit hours (or the equivalent thereof, if the law school is on
an academic schedule other than a conventional semester system) which, except
as otherwise permitted herein, shall be in classroom courses at the law school
in substantive and procedural law and professional skills;
(ii) a minimum of 700 minutes
of instruction time, exclusive of examination time, must be required for the
granting of one credit hour;
(iii) the program shall include a period
of instruction consisting of no fewer than two semesters of at least 13
calendar weeks each, or the equivalent thereof, exclusive of reading periods,
examinations and breaks, and shall not be completed exclusively during summer
semesters, but a maximum of four credit hours may be earned in courses
completed during summer semesters;
(iv) the program shall be completed
within 24 months of matriculation;
(v) all coursework for the program shall
be completed at the campus of an American Bar Association approved law school
in the United States, except as otherwise expressly permitted by subdivision
(b)(3)(vii);
(vi)
the program completed by the applicant shall include:
(a) a minimum of two credit hours in a
course or courses in professional responsibility;
(b) a minimum of two credit
hours in legal research, writing and analysis, which may not be satisfied by a
research and writing requirement in a substantive law course;
(c) a minimum of two credit
hours in American legal studies, the American legal system or a similar course
designed to introduce students to distinctive aspects and/or fundamental
principles of United States law, which may be satisfied by a course in United
States constitutional law or United States or state civil procedure; credit
earned in such course in excess of the required two credit hours may be applied
in satisfaction of the requirement of subdivision (b)(3)(vi)(d); and
(d) a minimum of six credit
hours in other courses that principally focus on subject matter tested on the
New York State bar examination or the New York Law Examination prescribed in
section
520.9(a)(3)
of this Part.
(vii) The program completed by the
applicant may include:
(a)
credit hours in clinical courses, field placements, externships and other
experiential learning courses, and
(b) a maximum of six credit hours in
other courses related to legal training taught by members of the faculty of the
law school or of the university with which the law school is affiliated, or
taught by members of the faculty of any university or college with which the
law school offers a joint degree program, provided such courses must be
completed at the campus of such university or college in the United States.
(viii) No
credit shall be allowed for correspondence courses, on-line courses, courses
offered on DVD or other media, or other distance learning
courses.