May a foreign lawyer who has passed New York's UBE, MPRE, and NYLE, but is not admitted, describe that status on a law firm's website?
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This page answers the general question as of 2026. Ask about yours and see what the current New York Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquirer is a lawyer qualified and practicing outside the United States. He had passed the Multistate Professional Responsibility Examination and earned New York's passing score on the Uniform Bar Examination, and he expected to take the New York Law Exam. He asked whether, after passing all three examinations, his law firm's website could describe his qualifications as "Passed the NY state bar examination (passed not admitted)."
The committee notes that the New York Rules of Professional Conduct apply to New York lawyers and law firms, not strictly to candidates for admission. Because the inquirer was applying to the New York Bar and wanted to conform to the Rules in anticipation of admission, the committee answered as though the Rules applied to his conduct. It also notes that a lawyer admitted in another jurisdiction may be governed by that jurisdiction's rules under Rule 8.5 in some circumstances.
Rules 7.1(a) and 7.5 require website statements and professional designations to avoid false or misleading communications. Rule 8.4(c) separately prohibits dishonesty, fraud, deceit, or misrepresentation. The committee relies on N.Y. State Opinion 943, which permitted a law graduate's degree and job title on a law firm business card only if the card expressly disclosed that the employee was not admitted to practice law.
The committee concludes that describing the three examination components as the New York State bar examination is not misleading. Although saying the inquirer passed the examination might suggest that he is an attorney, the words "not admitted" dispel that impression. The proposed notation therefore complies with the Rules as the committee applied them to the inquiry.
In practice
Under this opinion, a candidate who has passed the UBE, MPRE, and NYLE may use the stated notation on a law firm's website because it truthfully reports the examination result and expressly says the candidate is not admitted. The opinion's analysis assumes the New York Rules apply for purposes of answering the candidate's question and recognizes that another jurisdiction's rules may govern a lawyer already admitted there.
Common questions
Q: May a foreign lawyer who passed New York's required examinations say so on a law firm website?
A: Yes. After passing the UBE, MPRE, and NYLE, the lawyer may use the notation approved in the opinion, including the disclosure that the lawyer is not admitted.
Q: Why is the phrase "passed not admitted" necessary?
A: The committee explains that stating only that the person passed the examination could create the impression that the person is an attorney. The express statement that the person is not admitted dispels that impression.
Q: Is it misleading to call the UBE, MPRE, and NYLE the New York State bar examination?
A: No. The opinion concludes that using that description for the three written examination components of New York's admission process is not misleading.
Q: Do the New York Rules of Professional Conduct apply to bar applicants before admission?
A: Not strictly, according to the opinion. The committee nevertheless answered as though the Rules applied because the inquirer was applying for admission and sought to conform to them in anticipation of admission.
Q: Could another jurisdiction's ethics rules apply to the foreign lawyer?
A: Yes. The opinion notes that a lawyer admitted in another jurisdiction may be governed by that jurisdiction's rules in some circumstances under Rule 8.5.
Background and rules framework
New York Rule 7.1(a), as amended effective June 1, 2026, bars false or misleading communications about a lawyer or the lawyer's services. Rule 7.5(a) permits websites and professional designations only when they comply with the Rules and applicable law, and Comment [1] states that those communications must comply with Rules 7.5 and 7.1. Rule 8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation.
Rule 8.5(a) addresses disciplinary authority when a lawyer is admitted in more than one jurisdiction, and Rule 8.5(b) determines which jurisdiction's rules apply. The committee did not perform a separate choice-of-law determination; it applied the New York Rules to answer the admission candidate's question.
Citations and references
Rules of Professional Conduct:
- New York Rule 7.1(a) (false or misleading communications)
- New York Rule 7.5(a) and Comment [1] (websites and professional designations)
- New York Rule 8.4(c) (dishonesty, fraud, deceit, or misrepresentation)
- New York Rule 8.5(a) and (b) (disciplinary authority and choice of law)
Other opinions cited:
- N.Y. State 943 (2012): a law graduate's degree and title on a law firm business card require an express disclosure that the employee is not admitted
- N.Y. State 1241 (2022): Rule 8.5 and advertising by a New York lawyer practicing in Florida
- N.Y. State 1264 (2024): Rule 8.5 and a J.D. designation used by a New York lawyer in nonlegal work for an out-of-state employer
See also
- NY State Bar Op. 943: Nonlawyer Business-Card Designations
- NY State Bar Op. 1241: Out-of-State Office Letterhead
- NY State Bar Op. 1264: Using J.D. in a Nonlegal Role
Source
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