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I failed to appear twice for the NY Bar exam--first time about ten years ago: I needed surgery and requested a waiver which was granted for a free retake; second time: I had a family emergency and could not attend.

Is any one familiar about the petition that NY requires for this situation when one applies for the Bar Exam?

Can anyone provide insight?

Thanks in advance!

In my experience, NY BOLE usually grants the first “Two Withdrawal Waiver Petition.” I am aware of examinees who withdrew twice and were granted permission to sit for the exam. I am currently NOT aware of any examinee who was denied permission to sit for the exam after two withdrawals. However, I don’t know the circumstances of each examinee’s withdrawal or how in-depth their Rule 6000.6(i) petition was. Some things to be aware of to expedite your petition:

- Your response must be in the form of an affidavit (meaning it much be notarized/acknowledged). A sample blank affidavit is here:
http://seperac.com/pdf/Sample_Affidavit.doc
- Any documentation must be in English.
- Respond as truthfully as possible.
- According to NYBOLE: “Please also note that waiver petitions under Board Rule 6000.6 will generally only be granted once absent extremely compelling circumstances.” This means you better not withdraw again if you receive a waiver.

Post back to let me know how it goes.

If the petition were somehow to be denied, it would seem to me that since NY is now a UBE jurisdiction you could simply take the UBE somewhere else and transfer the score. Therefore, this is a much less draconian rule than it used to be.

Thank you for your help!

My petition was approved!!! Any advice for bar prep would be appreciated...

PAGuyana wrote:Thank you for your help!

My petition was approved!!! Any advice for bar prep would be appreciated...

I recommend taking a bar course!!!

Thank you!

Hi, I failed to appear twice for the NY Bar exam--first time I didn't pass the background check; and the second time because of family emergency issue. I have no idea about the petition and the process. I saw a form provided above, however I still don't know how to prepare the affidavit. Can anyone advise me how to write the affidavit? Thank you!

I received a notice from NY bar examiner and stated that I failed to appear twice for the NY Bar exam. first time: I didn't pass my background check; second: family emergency. I have no idea about the petition and what's the process. I saw the affidavit sample provided above; however, I still don't know how to prepare the affidavit. Can any one advise me how to write the affidavit? Thank you!

Hi, I just laid out the reasons for my non-appearances, and expressed my desire to be a lawyer in NY because I believe in the justice system and wanted to make a positive contribution as a lawyer. I also called the NYBOLE and they were very helpful in giving me some advice on preparing the affidavit (which was pretty much common sense). Honestly I don't think it's a big deal--just get it done. Good luck!