New York’s New Pro Bono Requirement – What Is All The Fuss About?

Generally speaking, in order to become a lawyer in New York you must get a law degree (3 years), pass the bar exam, pass a professional responsibility exam and pass a character assessment test.  Going forward the 10,000 or so prospective lawyers who meet all of these requirements will also be required to perform 50 hours of pro bono legal services before they can become lawyers.

This has caused a stir among some who say that this is among other things “indentured servitude.”  Another wrote, “I feel really bad for law students that graduate these days. And having brand new attorneys forced to be the ones to handle most pro bono smells like bad policy considering they have little to no experience and will invariably do a bad job of it.”

I am not sure what all of the fuss is about and I think a mandatory pro bono requirement is a fantastic idea!  A few points on this topic.

First, 50 hours is the amount of time you will spend during your first week of employment.  We are talking one week of work spread out over your law school career and the year after it.  The requirement is certainly not locking you into some long drawn out act of service.  It is 50 hours not 50 weeks or years.  In many countries, you must article (practical training) for next to no money before becoming a lawyer and this requirement is often 2 years.  Come on it is 50 hours helping those who need the help. 

Second, the requirement will not impact the majority of students as they already fulfill the requirement in law school.  I went to a law school (Harvard) that has a 50 hour pro bono requirement in order to graduate and this policy is not uncommon in law schools.  At the end of the year, Harvard published the actual average number of hours per student and it far exceeded the 50 hours.  Moreover, the requirement can often be met by clinical work performed or any volunteer work done while in school. 

Third, the more practical experience that one gets while in law school the better.  In some cases, fulfilling this requirement will be done by meeting with clients, drafting legal documents and perhaps even arguing cases before administrative tribunals. I met my pro bono requirement by working in an immigration asylum & employment law clinic and I was able to do all of the items listed above.

Finally, what is wrong with giving lawyers a taste of what it is like to give back to the community?  Also, as lawyer help others for free, isn’t there another benefit where the at times negative view of lawyers can be reversed?  This idea of giving back is already emphasized and encouraged in our professional responsibility requirements so why not formalize this a bit for new lawyers. As discussed above, this will not have an impact on most but will give those who would never have considered pro bono work an opportunity to see what helping someone else out without getting paid feels like.

As far as I am concerned, it is just another requirement to become a lawyer the same way that sitting for the MPRE, getting a character assessment or taking certain courses are requirements.  Not sure why anyone would be against this.  I would be interested to hear your thoughts.

How to Prepare For The Bar Exam & When You Should Start Studying

With the law school year closing out many students in their third year are starting to think (or worry) about the bar exam.  Here is a brief introduction and a few things to consider.

What Is The Bar Exam All About?

In most States, the Bar examination is a 2 day exam that you take between approximately 9:00 A.M. and 4:00 P.M. each day.  (It is a 3 day exam in California)  One day of the exam is made up of a test called the Multi-State Bar Exam (MBE) and this part of the exam is made up of 200 multiple choice questions.  Everyone in all States takes the MBE on the same day and the exam covers 6 topic areas only (Contracts, Constitutional Law, Property, Evidence, Torts & Criminal Law).  The other day of the bar exam is a State day where generally State law is tested.  Each State makes up their own State exam and the exam will fall either on the day before or the day after the MBE depending on which State you are in. The State exam will usually be made up of essay questions but may also contain multiple choice and/or a practical memo writing section. 

In the United States, you must be certified (sit for a bar exam) to practice law in every State that you wish to practice in.  Generally speaking, this means that if your best friend was arrested in New Jersey for an offence, you could not represent him in court if you were certified to practice law in New York.  There are exceptions to this rule but this is generally the case.  As such, you will have to complete an application for each State you want to practice in.  You should pay particular attention to the application deadlines and any other instructions that you are given.  For example, some States, like New York, require a handwriting sample and a school certification to be sent in with your application.  At least one student that I know of that went to Harvard did not send material that the New York Bar Examiners required, and the person found out at the beginning of July that he/she was not eligible to sit for the bar exam at the end of July.  Do not let this happen to you.

How Should You Prepare?

The first step to passing the Bar exam is to sign up for a preparation course such as Barbri.  I took a Barbri course and it played a pivotal role in me passing the bar exam.  Barbri and other organizations have decades of experience with Bar Examinations and as such are experts.  During the course, they will hold lectures, give you practice essay questions, give you practice multiple choice questions and grade sample exams.  This is not the time to self-study as you will be at a significant disadvantage if you do.  If you can afford it (cost is around $2500) sign up today!  If you sign up with a reputable large bar preparation course, it is not necessary to take supplemental courses or to do any other studying outside of this course.  They will teach you everything you need to know. 

When Should You Start To Prepare For The Bar Exam?

It is not necessary to start studying for the bar until after you graduate.  Some get very nervous and start in March or April but this is not needed.  (actually, I think it is a bad idea as you need to take it easy so that you are refreshed for intense studying to come)    For those who just cannot wait, Barbri sends advance study material to students in April.   They do however clearly state that it is not necessary to start studying until after you graduate.  Once you start your preparation course lectures and really get into studying you will really appreciate the few weeks of a break between your finals and your graduation date.  Barbri will teach you everything you need to know during the two months prior to the exam.  Trust me on this one. 

Should You Be Worried?

No. See my post “Do Not Worry About Whether You Will Pass The Bar Exam Because There is Almost a 90% Chance That You will Pass It On Your First Attempt.”  The key to passing is consistent studying.