Apparently, even an ABA approved J.D. will not qualify for the bar exam if it contains more than 15 semester hours of non classroom study. Has anyone dealt with this?
A bar applicant in New York can apply for a waiver: Attorney Admissions Frequently Asked Querstions (State of New York Court of Appeals)
New York Bar Examiners are notoriously capricious. Law is one of the subjects that actually lends itself to online study since passing the bar exam is the goal.
Yes, one can apply for a waiver, but I found no criteria by which such an application would be judged. I suspect that, the greater of the percentage of the J.D. not earned sitting in a classroom, the harder that waiver will be to get. Naturally, I HAD to dig out my ancient J.D. transcript to see if I qualify. I do but with precious little slack! Not that I'd ever attempt the NY Bar Exam. A move from my Southern New Mexico residence is exceedingly unlikely at this point.
Two New York ABA law schools, Albany and Syracuse, offer hybrid JDs. At each program an FAQ states that graduates seeking admission in New York will apply for a waiver (Albany, Syracuse.)
Lawyers regulating entry into their own profession is a great example of Adam Smith's observation: “People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”
Yes. Also a powerful argument for free trade. I see that both schools warn their students that there's no guarantee that they will qualify. That's a consequence of the Bar Examiners' failure to offer any guidance. Arguably, the rule is void for that reason. Such determinations cannot be arbitrary. If I wanted to become a New York lawyer, though, I'd avoid the whole issue. Buying a lawsuit is never a good idea.
New York also has a throwback residency requirement for lawyers that many just get around by setting up a virtual address: Residency Requirements for Practicing Law in New York: A Comprehensive Overview ▷ Legal - Rey Abogado Truly one of the most backward bars in the USA.
That residency requirement might also have some issues. It discriminates against out of state firms that might be equally qualified to offer services with local firms.
It is all sham anyway that there is some huge difference between state laws, to the extent laws differ, a lawyer should be able to read the law and adjust. Most state codes follow the Model Codes in spirit if not form.
Yes? Go take the Louisiana or Puerto Rico bar exams and see how that goes! Not really. I'm being unfair. Yes, those two exams are quite different than any others but you're right; a lawyer can prepare for either and expect to pass. It might just take a bit longer is all. Well, and the PR exam is in Spanish, so there's that. New York even sort of admits it; they are a UBE state.
Oh, and I forgot. New York also has admission by motion reciprocity rule. Further evidence that they know full well that their law is far from unique.