Attorney Admissions

DISTANCE LEARNING WAIVERS (PDF)

Frequently Asked Questions

Answers to frequently asked questions provide general guidance and are not intended to provide legal assistance.

SECTION I - GENERAL QUESTIONS
SECTION II - WAIVER PETITIONS

SKILLS COMPETENCY AND PROFESSIONAL VALUES FAQs (PDF) 50-HOUR PRO BONO FAQs (PDF)

SECTION I - GENERAL QUESTIONS

Q: Does the New York State Court of Appeals have a separate admission procedure?: A: No. If an attorney has been admitted to practice law in New York State by one of the four Departments of the Appellate Division, the attorney is admitted to practice in all courts of record in New York State, including the Court of Appeals.
Q: How do I obtain a Certificate of Good Standing?: A: A Certificate of Good Standing must be obtained from the Appellate Division Department of admission. The Court of Appeals cannot issue Certificates of Good Standing. Instructions for obtaining a Certificate of Good Standing can be found on the following websites:

Appellate Division, First Department (External Link)
Appellate Division, Second Department (External Link)
Appellate Division, Third Department (External Link)
Appellate Division, Fourth Department (External Link)
Q: How do I obtain information regarding attorney registration?: A: Inquiries regarding an attorney's registration status should be directed to the Office of Court Administration's Attorney Registration Unit at 212-428-2800. The Office of Court Administration also maintains an attorney registration database (External Link) that is accessible to the public.
Q: How do I obtain a Certificate of Admission for the purpose of admission to the United States Supreme Court?: A: A request for a Certificate of Admission must be in writing and addressed to the Clerk of the Court. The request should include the attorney's New York bar registration number. The Court of Appeals does not charge a fee for a Certificate of Admission.
Q: How do I submit a request for documents required for admission to other state bars?: A: A request for documents related to admission to other state bars must be in writing and addressed to the Clerk of the Court. The request should include the attorney's New York bar registration number. The Court of Appeals does not charge a fee to complete these admission documents.
Q: How do I file a Certificate of Commencement of Clerkship?: A: An applicant seeking to file a Certificate of Commencement of Clerkship pursuant to Rule 520.4 should submit the completed Certificate and a copy of the determination of the New York State Board of Law Examiners of the credit for law school attendance to which the applicant is entitled. This information should be mailed to the Clerk of the Court. The Court will advise the applicant of the date the certificate is filed, i.e., received, from which date the law office study period begins (Rule 520.4[e]).

Certificate of Commencement of Clerkship form (PDF)
Q: How do I become admitted pro hac vice at the Court of Appeals?: A: An attorney who is a member in good standing of the bar of another state, territory, district or foreign country may be admitted pro hac vice on specific matters pending before the Court of Appeals (Rule 520.11[a][1]). If the requested pro hac vice admission pertains to a motion before the Court, contact the Chief Motion Clerk at 518-455-7705. If the requested pro hac vice admission pertains to an appeal or certified question before the Court, contact an Assistant Deputy Clerk at 518-455-7701 or 518-455-7702.
Q: How do I become admitted pro hac vice in other New York courts?: A: Contact the clerk of the court where the matter for which pro hac vice admission is sought is pending (Rule 520.11[a][1]). A person seeking an 18-month pro hac vice admission pursuant to Rule 520.11(a)(2) or 520.11(b) should contact the appropriate Appellate Division Department.
Q: How do I seek review of an order of the Appellate Division in an attorney disciplinary proceeding or in a proceeding for admission to the bar?: A: Such order may be appealable as of right (see CPLR 5601) or by motion for leave to appeal (see CPLR 5602). Inquiries related to an appeal of an Appellate Division order in such proceedings should be directed to the Assistant Deputy Clerks at 518-455-7701 or 518-455-7702. Inquiries related to a motion for leave to appeal in such proceedings should be directed to the Chief Motion Clerk at 518-455-7705.
Q: How do I register as in-house counsel in New York?: Information regarding registration as in-house counsel is available on the New York State Unified Court System’s in-house counsel registration page (External Link) .

SECTION II - WAIVER PETITIONS

Q: What is the form of a petition under Rule 520.14?: A: Generally, a petition may be prepared in letter or affidavit form, and must be verified, i.e., notarized. It must set forth the petitioner's name, age, and residence; the facts relied upon including why strict compliance will cause the applicant undue hardship; and a request for relief. Please also include an email address and telephone number where the petitioner can be reached. Petitions may be submitted by mail or uploaded through a portal. Information on how to submit a petition through the Court’s Upload Portal can be found here. Petitions submitted by mail should be single sided and unstapled. All petitions should be addressed to Clerk of the Court.

Hon. Heather Davis
Chief Clerk and Legal Counsel
New York State Court of Appeals
20 Eagle Street
Albany, New York 12207

The following information is specific to more commonly filed petitions seeking waivers of certain rule requirements:

Rule 520.3 - Approved Degree Requirement: An applicant seeking a waiver of strict compliance with Rule 520.3's approved degree requirement must provide the following information: the bar exam which the applicant plans to take; the applicant's law school and dates of attendance; the month and year of law school graduation; if applicable, the date of the law school's provisional and/or full approval; whether, and when, the applicant was admitted to practice in any jurisdiction; if applicable, a description of any legal or law-related employment since the applicant's graduation from law school, including the month and year the applicant began and ended such employment, the applicant's job title, and the address of the office out of which the applicant worked; and why strict compliance will cause the applicant undue hardship. In addition, the applicant must include a copy of their law school transcript, and any correspondence from the State Board of Law Examiners denying the applicant's request to take the bar exam.
Rule 520.3 - Credits Earned Via Distance Learning: An applicant seeking a waiver of strict compliance with Rule 520.3's limitation on the number of credits that may be earned via distance learning must provide the following information: the bar exam the applicant plans to take; the applicant's law school and month and year of graduation; for each term of study in law school, the number of credits earned via distance education; a description of whether the distance education was synchronous or asynchronous; an explanation as to why applicant exceeded the distance learning credit limitation of Rule 520.3; and why strict compliance will cause the applicant undue hardship. The applicant must include a law school transcript that clearly indicates the courses taken via distance learning, and a copy of any correspondence from the State Board of Law Examiners denying the applicant's request to take the bar exam.
Rule 520.4 - Filing a Certificate of Commencement of Clerkship Nunc Pro Tunc: An applicant seeking permission to file a Certificate of Commencement of Clerkship under Rule 520.4 nunc pro tunc must provide the following information: the applicant's law school and dates of attendance; the date law office study began; the name and address of the applicant's supervising attorney(s); if applicable, the dates of any previous Certificates of Commencement of Clerkship filed with the Court; and why strict compliance will cause the applicant undue hardship. In addition, the applicant must include a copy of the letter from the State Board of Law Examiners indicating the law school attendance credit to which the applicant is entitled and a completed Certificate of Commencement of Clerkship reflecting the actual date of commencement of the clerkship.
Rule 520.6 - Foreign Legal Education: An applicant seeking a waiver of strict compliance with the substantive or durational equivalency requirements in Rule 520.6 for foreign legal education must provide the following information: the bar exam which the applicant plans to take; a description of the applicant's foreign legal education, including the degree completed and the month and year of graduation; a description of any legal studies in the United States, including the month and year of graduation; if applicable, the month and year of any foreign admission(s); a description of any legal or law-related employment in or outside the United States, including the month and year the applicant began and ended such employment, the applicant's job title, and the address of the office out of which the applicant worked; and why strict compliance will cause the applicant undue hardship. In addition, the applicant must include a copy of any correspondence from the State Board of Law Examiners denying the applicant's request to take the bar exam; transcripts from each law school that the applicant attended; and proof of admission to practice in the foreign country, if applicable.
Rule 520.6 - Required Courses in an LL.M. Program: An applicant seeking a waiver of strict compliance with the specific LL.M. course requirements of Rule 520.6(b)(3)(vi) must provide the following information: the bar exam which the applicant plans to take; a description of the applicant's foreign legal education, including the degree completed and the month and year of graduation; a description of the applicant's LL.M. studies in the United States, including the month and year of graduation; a statement of the specific LL.M. course requirement(s) the applicant failed to satisfy and the reason for such failure; a description of any additional legal studies or training the applicant has completed; if applicable, the month and year of any foreign bar admission(s); a description of any legal or law-related employment in or outside the United States, including the month and year the applicant began and ended each employment, the applicant's job title, and the address of the office out of which the applicant worked; and why strict compliance will cause the applicant undue hardship. In addition, the applicant must include a copy of any correspondence from the State Board of Law Examiners denying the applicant's request to take the bar exam; the applicant's LL.M. transcript; and proof of admission to practice in the foreign country, if applicable.
Rule 520.6 - Credits Earned Via Distance Learning: An applicant seeking a waiver of strict compliance with the distance learning prohibitions of Rule 520.6 must provide the following information: the number of credits earned via distance learning; whether the distance learning credits were earned in a program designed to be conducted via distance learning or in a program designed to be conducted via in-person learning, but which transitioned to distance learning; if the distance learning credits were earned in a program designed to be conducted via in-person learning, an explanation as to why the course/program transitioned to distance learning; and why strict compliance will cause the applicant undue hardship. In addition, the applicant must include a copy of any correspondence from the State Board of Law Examiners denying the applicant's request to take the bar exam.
Rule 520.9 - Timing Requirements for the New York Law Course (NYLC) and the New York Law Examination (NYLE): An applicant seeking a waiver of strict compliance with the timing requirements of Rule 520.9 must provide the following: the month and year the applicant first took the New York bar examination or the Uniform Bar Examination; the date the applicant completed the NYLC; the date the applicant took the NYLE; an explanation why the applicant was unable to comply with the timing requirements of Rule 520.9; and why strict compliance will cause the applicant undue hardship.
Rule 520.10 - Admission on Motion: An applicant seeking a waiver of strict compliance with the 60-month practice requirement of Rule 520.10 must provide the following information: the applicant's law school and date of graduation; the month and year of each bar admission and whether the applicant is in good standing in each jurisdiction where admitted; a description of any legal employment, including the month and year the applicant began and ended such employment, the applicant's job title, whether the employment was full time or part-time, and the address of the office out of which the applicant worked. If any practice was conducted from a remote location, the applicant must provide the month and year the remote practice commenced and ended and the city and state where the remote practice was conducted. The applicant must also explain why strict compliance will cause the applicant undue hardship. In addition, the applicant must provide a copy of any correspondence with the Appellate Division related to the practice requirement.
Rule 520.12 - Three-Year Filing Deadline to Apply for Admission: An applicant seeking a waiver of the three-year deadline to apply for admission under Rule 520.12 must provide the following information: the applicant's law school and date of graduation; the month and year the applicant took the New York State bar exam or the Uniform Bar Examination (including the jurisdiction where the applicant took the Uniform Bar Examination if not New York); if applicable, the month and year of each bar admission and whether the applicant is in good standing in each jurisdiction where admitted; a description of any legal or law-related employment since passing the New York bar exam, including the month and year the applicant began and ended such employment, the applicant's job title, and the address of the office out of which the applicant worked; an explanation for the delay in seeking New York admission; an explanation of why the applicant seeks admission at this time; and why strict compliance will cause the applicant undue hardship.
Rule 521.1 - Registration as a Foreign Legal Consultant: An applicant seeking a waiver of strict compliance with the 36-month practice requirement of Rule 521.1 must provide the following information: the applicant's law school and date of graduation; the month and year of each bar admission and whether the applicant is in good standing in each jurisdiction where admitted; a description of any legal employment, including the month and year the applicant began and ended such employment, the applicant's job title, whether the employment was full-time or part-time, and the address of the office out of which the applicant worked. If any practice was conducted from a remote location, the applicant must provide the month and year the remote practice commenced and ended and the city and state where the remote practice was conducted. The applicant must also explain why strict compliance will cause the applicant undue hardship. In addition, the applicant must provide a copy of any correspondence with the Appellate Division related to the foreign legal consultant registration process.