Dual Licensing in Ontario and New York

Achieving a cross-border practice 

Each year, a handful of students at U of T Law graduate with the intention of being licensed to practice in both Ontario and New York. Some choose to pursue both licensing processes immediately upon graduation, and others move to NY before they get a chance to think about getting licensed in Canada. This choice to make both jurisdictions home is likely influenced in part by the annual presence of New York firms recruiting directly from our school, and the overlaps of Toronto and New York’s economies. Both the New York recruit and the licensing processes require a significant amount of work. For those considering this path of building a cross-border practice, this article provides a closer look at what it takes to be licensed in both jurisdictions.

Structure

Ontario

The Ontario bar exam consists of two parts: the Barrister and the Solicitor, with the former usually written first. Both parts test separate areas of the law, with the exception of ethics and personal responsibility which appears on both. Both exams are open book, seven hours long, and consist of 220-240 multiple choice questions. Many students rely on an exam index such as the one collaboratively created by U of T Law students.

New York

The New York Bar consists of three parts:

1. New York Law Course (NYLC). Not to be confused with the New York Law Exam (NYLE), an applicant must first finish this free, online course up to a year prior to their Uniform Bar Exam (UBE). The NYLC is approximately 17 hours of recorded lectures on the subjects that will be tested on the NYLE. The lectures have embedded questions that must be answered correctly before the student can have access to subsequent lectures in the series. Last year, many U of T Law students started this course midway through the winter semester in February 2021. 
2. New York Law Exam (NYLE). After finishing the NYLC, students become eligible to write the NYLE prior-to or up to a year after taking their Uniform Bar Exam (UBE). The NYLE is a two-hour, open book multiple choice test with approximately 50 questions. Last year, many U of T Law students wrote the NYLE in March 2021, with a few waiting to take it after their UBE was done. 
3. The Uniform Bar Exam (UBE). The UBE is a standardized test across 41/56 jurisdictions in America. It consists of three sections that must be taken concurrently in the same jurisdiction to earn a transferrable UBE score: 
   1. Multistate Bar Examination (MBE): a six-hour, multiple choice exam consisting of approximately 200 questions. 
   2. Multistate Performance Test (MPT): Two 90-minute “items”, meaning two separate specific assignments. The examinee must complete tasks as described in a memorandum from a supervising attorney. Each MPT item will include a “File” and a “Library”. The File consists of source documents containing all the facts of the case. The Library may contain cases, statutes, regulations, or rules. 
   3. Multistate Essay Examination (MEE): A common set of six 30-minute essays. 

To write the UBE, applicants must sit for two back-to-back days. The MEE and MPT are written on the same day, followed by the MBE on the next day. Last year, many U of T students wrote the UBE in July. 

Timeline 

Both jurisdictions have their own challenges to the licensing process. The Ontario exams have less content and steps, but materials change (and must be purchased) each year. New York materials are easier to access and find official practice exams for, but the sheer volume of materials leads most students to elect for a six or three-month bar prep course. Typically, students will attempt to write one of either the NY or the Ontario bar exams in the summer after graduation. 

What Would it Mean to Have a Dual License in Both Ontario and New York? 

1. Planning Ahead: Being licensed in both jurisdictions requires a fair amount of forethought and preparation even if taken in different years. If you want to pass both bars in one summer, this can prove to be quite a challenge. 
2. Type of Practice: Your plan may need to look different depending on whether you focus your practice primarily on transactional or litigation work. For transactional lawyers, the calculation comes down to a much simpler cost/benefits analysis than for litigators as the latter must learn and keep track of changes in court procedures and a constant churning of case law in both localities. Depending on your area of specialization, being licensed in both jurisdictions can help expand your client base. This is especially true if your clients engage regularly in cross-border operations, transactions, and litigation.
3. Overhead Costs: Obtaining and maintaining an active license in any jurisdiction means paying the costs of registration for the exams, the preparatory materials or courses, annual fees, and any continued legal education courses and practice-insurance one might opt to (or be required to) take. For example, at the current costs of admission, minimum preparatory materials from the official licensing boards, annual law society fees, and practice insurance, maintaining both licenses for ten years can cost over $100,000 CAD. This is perhaps one of the most daunting considerations for dual licensing. To make this accessible, most students try to find jobs at firms willing to cover the costs. Alternatively, students may wish to compare the benefits of this dual licensing process against completing an LLM in their desired jurisdiction.  

We wish all those writing licensing exams in the upcoming months the best of luck and encourage all students to share their resources and insights with one another throughout the process. 

Editor’s Note: Dhriti Chakravarty is the BARBRI Brand Ambassador, a company whose primary product offering is U.S. bar prep courses.