All applicants to the Law Society of New Brunswick must successfully complete the Bar Examinations in order to be admitted as a member.
There may be further requirements as to your admission, but this information refers only to the Bar Examination.
THE BAR EXAMINATION CONSISTS OF:
A. Examination on the Rules of Court of New Brunswick
This is a one-hour and thirty minute open-book exam consisting of 20 compulsory questions. The passing grade is 70%. The exam is based on the New Brunswick Rules of Court and Forms and on the New Brunswick Rules of Provincial Court Practice. It is a short answer format exam.
B. An Examination on the Statutes of New Brunswick
This is a four and one half hour open book exam consisting of 6 compulsory questions worth 10 marks each and 10 questions worth 4 marks each. In the non-compulsory part of the exam you will be given a choice of 15 questions and you must complete 10 questions.
The 6 compulsory questions are composed of one question from each of the following practice areas:
· Property Law
· Business Law
· Family Law
· Wills and Estates
· Civil Litigation (Motor Vehicle/Insurance Law)
· Professional Conduct and Ethics
POLICY ON FAILURES
First step: Upon receipt of the exams by the secretary of the Examining Committee, they are photocopied and distributed to one member of the Examining Committee. This provides for consistency in grading the exams. The member of the Examining Committee then returns the examinations together with the marks awarded to the secretary of the Committee. The passing mark is 70%.
Second step: If an exam is attributed a failing grade in the first step, the whole exam is then sent to two members of the Examining Committee for review. Each of these members is responsible to independently grade the whole exam and the average of the marks attributed by these two examiners is then used to determine if the student has been successful. The total mark, which had been attributed in the first step of the process, is not used in the second step - it is the average of the marks attributed by the two examiners who assess the whole exam, which is then considered as the mark for the exam. The results are only communicated to the student after this second step, if necessary, has been completed.
Third step: If the second step has not resulted in the student being awarded a passing grade, the student can request a re-read by letter addressed to the secretary of the Examining Committee. Such request must be made within 10 days from the date the student is notified of the result. If a re-read is requested, the secretary of the Examining Committee will send the exam back to the two evaluators who assessed the exam in the second step for their re-consideration. If the average of any revised marks still does not result in a passing grade, the exam is then sent to a third evaluator who independently grades the whole exam. The average of the three marks attributed in this process is then calculated and awarded to the student.
The Law Society Act, 1996 and Rules permits one re-write upon failure of the Bar Examination. If the applicant fails the re-write the applicant:
if they are articling, will be required to re-complete 48 weeks of articles, the Bar Admission Course and may re-write the Bar Examinations for a third time. Failure of the third exam will result in denial of admission to the Law Society of New Brunswick;
if they are transferring from another jurisdiction and are articling, enrolled in the Bar Admission Course, or any combination thereof, will be required to re-complete their period of articles, Bar Admission Course, as applicable and Bar Examinations for a third time. Failure of the third exam will result in denial of admission to the Law Society of New Brunswick.
if they are transferring from another jurisdiction, with no requirement to complete a period of articles or Bar Admission Course, they will be required to wait a period of one year to re-write the Bar Examinations for a third time.
Students who are enrolled in the Bar Admission Course are not required to pay a fee to write the Examinations for the first time. The cost of rewriting the Bar Examinations are as follows for all candidates, including individuals who are registered in the Bar Admission Course:
The cost of writring the Bar Examinations for all applicants who are required to write and who are not enrolled in the Bar Admission Course is $300.00 + HST.
DATES OF THE EXAM
The Bar Examinations will be written on January 11th, 2014 in Fredericton.
If you are applying from another province or jurisdiction we will attempt to make arrangements with your Province’s Law Society to complete the Bar Examination at their office.
LOCATION OF THE EXAM
The exam is held in Fredericton - please contact our office for further details.
The Examining Committee, a group of volunteer practising lawyers, assesses all bar examinations. The Secretary of the Committee will provide the exam results to you in writing.
POLICY ON RE-READS
All failing grades are automatically re-read. Please see the policy on failures above.
WHAT MAY I BRING TO THE EXAM
You may take one (1) copy of the following documents in the examination room:
The list of Statutes and Regulations;
Law Society Act, 1996;
The Law Society Code of Professional Conduct;
Rules of Court of New Brunswick and Forms; and
The NB Rules of Provincial Court Practises.
Access to the internet during the exam is not permitted.