Admission To The Bar in The United States - General Requirements For Admission

General Requirements For Admission

The first bar exam in what is now the United States was instituted by Delaware Colony in 1763, as an oral examination before a judge. The other American colonies soon followed suit. By the late 19th century, the examinations were administered by committees of attorneys, and eventually changed from a oral examination to a written one.

Today, each state has its own rules which are the ultimate authority concerning admission to its bar. Generally, admission to a bar requires that the candidate do the following:

• In most situations, earn a Juris Doctor from a law school approved by that state (often, but not always, this means accredited by the American Bar Association) (indeed, in certain states, e.g., Arizona, one may not actually take the bar exam unless one's law school is ABA accredited, and this requirement has withstood constitutional attack); or, where permitted, participate in an approved Law Clerk program ("reading the law").
• In all United States jurisdictions except Maryland, Puerto Rico, Wisconsin, and Washington, pass the Multistate Professional Responsibility Examination (MPRE), an examination covering the professional responsibility rules governing lawyers. This test is not administered at the same time as any U.S. bar exam. Most candidates take the MPRE while still in law school; indeed, some states require that a candidate pass the MPRE before being allowed to sit for the bar exam. Connecticut and New Jersey waive the MPRE for candidates who have received a grade of C or better in a law school professional ethics class.
• Pass a bar examination, usually administered by the state bar association or under the authority of the supreme court of the particular state. Typically the exam consists of several parts administered over two or three days, typically including:
  • Pass the Multistate Bar Examination (MBE), in all states/territories except Louisiana, Washington and Puerto Rico. This standardized test consists of 200 multiple-choice questions.
  • In jurisdictions that do not use the MPRE, pass a professional responsibility ("ethics") exam included as part of the main bar exam. Some states, such as New York and Michigan, employ the MPRE and include ethics questions in their main exam.
  • Pass any state-specific examinations, such as essays in Washington, Minnesota and Massachusetts. Some states, such as Florida and New York, include both essays and multiple-choice questions in their state-specific sections; Virginia uses full essays and short-answer questions in its state-specific section.
• Be certified (usually by the state bar association) as having the good moral character and fitness to practice law.
• Apply to that state's authority responsible for licensing lawyers and pay required fees. Upon approval by that authority, the admittee takes an oath to comply with the rules governing the practice of law in that state, and receives a certificate of admission.
• In some jurisdictions, e.g., New Jersey, satisfy additional educational requirements; however, Continuing Legal Education (CLE) is generally a matter of license renewal, not admission.