To be admitted to the New York State bar, you must complete at least 50 hours of qualifying pro bono service before you file your application with the Appellate Division. This is the New York bar pro bono requirement, and it has applied to every applicant admitted on or after January 1, 2015.1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission One narrow group is exempt: attorneys admitted without examination under Section 520.10, generally experienced lawyers already admitted in another U.S. jurisdiction or a common-law country who have practiced for at least five of the past seven years.2Legal Information Institute. New York Code 22 NYCRR 520.10 – Admission Without Examination Everyone else must complete the hours and document them.
Work That Counts Toward the 50 Hours
The rule recognizes three categories of qualifying, supervised, pre-admission, law-related work:1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission
- Free legal services for people of limited means, for nonprofits, or for groups working to protect civil rights and expand access to justice.
- Legal work in a public-service capacity for a judicial, legislative, or executive branch entity.
- Representation under a student practice order or its equivalent in the jurisdiction where the work takes place.
The work has to draw on legal skills. Research, drafting, client interviewing, and courtroom assistance under a practice order all qualify. General volunteering that doesn’t use legal training, like staffing a food bank or answering a nonprofit’s phones, does not.
Work That Does Not Count
Political and campaign-related activity is excluded across the board. Volunteering on a campaign, collecting petition signatures, serving as a poll inspector, working on election litigation, and doing legal research for a political organization all fall outside the rule, even where the tasks look like legal practice.3New York State Unified Court System. New York State Bar Admission – Pro Bono Requirement FAQs
Travel and commuting time don’t count. In a law school clinic, instructional training hours shouldn’t exceed the time you actually spend using legal skills.3New York State Unified Court System. New York State Bar Admission – Pro Bono Requirement FAQs And because qualifying work must be provided “without charge,” any matter where the client is paying for legal representation is out.1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission
Academic Credit, Stipends, and Getting Paid
Receiving academic credit for a clinic or externship does not disqualify the hours. Neither does receiving a stipend or grant from your law school or a third party in connection with a school-sponsored placement.3New York State Unified Court System. New York State Bar Admission – Pro Bono Requirement FAQs Most students accumulate hours this way. What matters is that the client isn’t paying for the legal services, not whether you receive credit or a stipend for performing them.
Who Can Supervise Your Work
Every hour must be supervised. Acceptable supervisors are:1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission
- A full-time or adjunct law school faculty member, or a law school instructor.
- An attorney admitted and in good standing in any jurisdiction, provided the supervision doesn’t violate unauthorized-practice-of-law rules.
- For court clerkships and externships, a judge or an attorney employed by the court system.
Your supervisor will have to certify your hours on the affidavit you file, so keep them updated on your work as it happens.
When and Where You Can Complete the Hours
The work can be performed anywhere: any U.S. state or territory, the District of Columbia, or any foreign country.1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission It doesn’t have to happen in New York.
The window opens after the start of your legal studies (and no earlier than May 1, 2012) and closes when you file your application for admission.1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission You can keep accruing hours after the bar exam, during the results wait, and up to the day you submit your admission package.
Foreign-Trained Applicants and LL.M. Students
If you’re qualifying to sit for the exam based on a foreign law degree and are pursuing an LL.M. at an ABA-approved law school, you may begin accruing hours up to one year before your LL.M. program starts, and you can finish them during or after your coursework, as long as everything is complete before you file for admission.3New York State Unified Court System. New York State Bar Admission – Pro Bono Requirement FAQs
If You Don’t Finish in Time
You cannot file your application for admission until all 50 hours are done.1Legal Information Institute. New York Code 22 NYCRR 520.16 – Pro Bono Requirement for Bar Admission There is no provisional admission and no way to complete the hours after filing. Passing the bar exam doesn’t move the clock; admission simply waits. Hardship waivers exist under Court of Appeals Rule 520.14 but are reserved for truly exceptional circumstances. Part-time studies, full-time employment, family obligations, LL.M. status, and living out of state are not, on their own, grounds for a waiver.3New York State Unified Court System. New York State Bar Admission – Pro Bono Requirement FAQs
Filing the Affidavit of Compliance
For each separate pro bono placement you’re counting toward the 50 hours, you file a separate Affidavit of Compliance with the Pro Bono Requirement, available on the New York Courts website. Each affidavit asks for:4New York State Unified Court System. Form Affidavit as to Applicants Compliance with the Pro Bono Requirements
- The name and address of the organization where the work was performed.
- The start and end dates of the service.
- A description of the legal tasks you performed.
- Your supervisor’s name, jurisdiction of bar admission, and telephone number.
Notarization and Supervisor Certification
The order matters. You complete the applicant portion first and have it notarized. Only then does your supervising attorney or judge complete the Supervisor Certification section, confirming your activities and hours.4New York State Unified Court System. Form Affidavit as to Applicants Compliance with the Pro Bono Requirements Keep copies of every signed and notarized original. A form rejected for a missing notarization or an incomplete certification will hold up your entire admission.
Where the Affidavits Go
Submit the completed affidavits with your Application for Admission to the Appellate Division department indicated on your Notice of Certification.5New York State Unified Court System. Application for Admission to the New York State Bar The affidavits are not sent to the Board of Law Examiners. Responsibility for making sure every hour, every affidavit, and every certification is in order sits with you.