I1 u Bridge the Gap New Lawyer Handbook
New Mexico Supreme CourtState Bar of New Mexico
Bridge the gap Mentorship prograMMentor’s handBook
Helping New Lawyers Transition Into the Profession
REV May 2012
2 u Bridge the Gap New Lawyer Handbook
Table of ConTenTs
Bridge the Gap Mentorship Program5121 Masthead NE, Albuquerque, New Mexico 87109
Phone: 505-797-6049 Fax: 505-797-6074 Email: [email protected]
All program materials and forms are available at www.nmbar.org/Attorneys/mentorship/mentorship.html
The Beginning....................................................................................................................................................1Introduction Program Goals ...............................................................................................................................................2 Benefits to You ...............................................................................................................................................2 Program Orientation .....................................................................................................................................2 Mentor Requirements ....................................................................................................................................2 Rules and Requirements ................................................................................................................................3 CLE Credits Mentoring Term Curriculum Program Completion Working Together Required Paperwork ......................................................................................................................................3 Confidentiality and Conflicts .........................................................................................................................3 Who is not required to participate in Bridge the Gap? ...................................................................................4 New Mexico Supreme Court Rules ................................................................................................................4
Steps to Completion Responsibilities: Who Does What? .................................................................................................................6 Timeline .........................................................................................................................................................7 List of Forms...................................................................................................................................................7 Checklist .........................................................................................................................................................8
Tips for Being a Great Mentor ...........................................................................................................................9
Certificate of Satisfactory Completion ..............................................................................................................10
Bridge the Gap Mentorship Program Curriculum ............................................................................................11 Mentorship Agreement .................................................................................................................................12 Individual Mentorship Curriculum Plan .......................................................................................................13 Substantive Law Electives ........................................................................................................................15
1 u Bridge the Gap New Lawyer Handbook
bridge The gap MenTorship prograM
The beginning
Albuquerque Lawyer Bill Kitts was a consummate legal professional. He fought fairly, honestly and eloquently. Kitts litigated with courage and absolute respect for the law, its courtroom procedures and its personnel. Beyond his dedication to the law, he made it his mission to help lawyers new to the profession. His colleagues recall Kitts sitting through many a young lawyer’s first deposition or trial to ensure that the new lawyer learned the best
technique and to ensure that the client got the best legal advice.
Kitts was killed in a 1982 automobile accident. His friends wanted to do something extraordinary to remember and honor him. They determined to carry on his personal mission through the Bill Kitts Society.
In keeping with the spirit of the Bill Kitts Society, in 2010 the State Bar of New Mexico, in cooperation with many voluntary bar associations and the University of New Mexico School of Law, requested that the Supreme Court of New Mexico require all New Mexico attorneys sworn into practice after April 2011 to participate in a program based largely on the Bill Kitts Society. This new program, “Bridge the Gap Mentorship Program” intends to continue the spirit of the Bill Kitts Society and is dedicated in his memory.
The Story of the Greek Mentor*
Mentor first appeared in Homer's Odyssey. When Odysseus, king of Ithaca, went to fight in the Trojan War, he entrusted the care of his household to Mentor, who served as teacher and overseer of Odysseus' son, Telemachus. After the war, Odysseus was condemned to wander vainly for ten years in his attempt to return home. Telemachus went in search of his father, accompanied on his quest by Athena, Goddess of War and Patroness of the Arts and Industry. Athena assumed the form of Mentor. Eventually, father and son were reunited, and together they cast down would-be usurpers of Odysseus' throne and Telemachus' birthright.
The word “mentor” became synonymous with “trusted advisor,” “friend,” “teacher,” and “wise person.” History offers many examples of mutually beneficial mentoring relationships—Socrates and Plato, Hayden and Beethoven, Freud and Jung.
Mentoring is a fundamental form of human development where two people invest time, energy, and personal know-how in assisting the growth and ability of one another.
History and legend record the deeds of princes and kings, but each of us has a birthright to be all that we can be. Mentors are those special people in our lives who, through their deeds and work, help us to move toward fulfilling our potential.
Bill Kitts1929–1982
*From Shea, Gordon F. (1997) Mentoring (Rev. Ed.). Menlo Park, CA: Crisp Publications
2 u Bridge the Gap New Lawyer Handbook
Program GoalsThe five goals of the Bridge the Gap Mentorship Program (BTG Program) are: • Totrainthenewlawyerinprofessionalism,ethics,andcivility
during his or her first years of practice. • Tocreatewithinthenewlawyerasenseofprideandintegrity
in the legal profession and involvement in the organized bar. • Toassistthenewlawyerinbeginningtheprocessofacquiring
the practical skills and judgment necessary to practice in a highly competent manner.
• ToprovideameansforallNewMexicoattorneystolearnthe importance of collegial relationships and organizational mentoring, including thebuildingofdevelopmentalnet-worksandlong-term,multipleprofessionalrelationships.
• Toencouragetheuseofbestpracticesandhighestidealsinthe practice of law.
This program came about because the legal profession has been increasingly concerned with: • Thedifficultiesfacedbythenewlawyerwhenleavingthe
academic environment of law school and entering the day-to-day demands of law practice.
• Theincreasingperceptionsofanerosionofprofessionalismand civility as the bar has grown over the years and lawyers have become less familiar with one another.
• Theincreasingnumbersofyounglawyersleavingtheprofes-sionduetogrowingdissatisfactionwiththeirenvironment,law practice and the balancing act a life in the law requires.
• Thegreatnumberofminoritiesleavingtheprofession.
The requirement of a formal mentoring program provides tools early in the new lawyer’s career to help him or her develop into a respected and ethical member of the profession.
Benefits to You• Our profession needs new lawyers to acquire the practical
skills and judgment necessary to practice in a highly com-petent manner.
• As a skilled and experienced attorney, you’ll help younglawyers learn civility, professionalism, practical skills andwork/life balance.
• Asamentor,youreceive12hoursofCLEcredit(includingtwo ethics/professionalism credits) for the compliance year that you complete your mentorship efforts with the new lawyer and CLE credits for every other compliance year if you continue to mentor new lawyers. This credit may be shared where more than one lawyer (each qualifying as a mentor) plays a significant role in supervising and mentoring the new lawyer.• You’ll make connections and new friends. • You’ll improve you own judgment, practical skills and
performance.• You can boost your own morale and career satisfaction by
mentoring others.• You’ll have fun.
Youandyournewlawyershouldtrytomeetfrequently,fosteringyour relationship and learning from each other as the mentoring plan is implemented.
Program OrientationTohelpyouinyourmentorrole,theStateBarwillholdamentor/new lawyer orientation program that can be taken in person or on video. You must attend or watch the program before you begin mentoringyournewlawyer.Ifyoumentormorethanoneyear,you need only attend or view the training once.
Mentor Requirements• Sevenyearsoflegalpractice,withatleastfiveinNewMexico.• An active member of the State Bar in good standing. • No record of formal discipline within the last seven years.• Malpracticeinsuranceofatleast$100,000/$300,000(ifin
private practice).• Completion of the Mentor Application to be approved by
the Supreme Court and the Commission on Professionalism. Ifyoumeetthefirstfourqualificationsabove,completeandsub-mit the Mentor Application form to the BTG program manager for consideration by the New Mexico Supreme Court’s Commis-sion on Professionalism. Recommended applications will then be forwarded to the New Mexico Supreme Court for approval. The Courtwillnotifyapplicantsoftheirstatusand,ifapproved,yournamewillbeaddedtothe“MentorList,”availabletonewlawyerson the State Bar’s website. This is an indefinite appointment. You
In This Section: ✓ Program Goals ✓ Benefits to You ✓ Program Orientation ✓ Mentor Requirements ✓ Rules and Requirements ✓ Required Paperwork ✓ Confidentiality and Conflicts ✓ Who is not required to participate in Bridge the Gap? ✓ The rules which require the program
inTroduCTion
“It has allowed me the opportunity to revisit some very basic, practical aspects of starting a new practice and has reinvigorated what had become, I’m sad to say, an almost cynical view of the bar membership.”
—Mentor
“The BTG Program gives the new attorney the confidence to make better choices.”
—Mentor
3 u Bridge the Gap New Lawyer Handbook
will likely be paired with a new lawyer from within your firm or officewherepossible,aslongasyouarenotthenewlawyer’sdirectsupervisor.
Rules and Requirements• Lawyers newly admitted to the State Bar of New Mexico with
an active license are required to complete the BTG Program within the first full calendar year after their admission to the StateBarofNewMexico.Forjudiciallawclerks,therequire-mentmaybedeferreduntilcompletionoftheirclerkship,butthen must be completed within the first full calendar year after the clerkship (see Rule 24-110 NMRA and contact the BTG programmanager).Torequestadefermentorexemption,thenew lawyer must complete the Deferment/Exemption portion of the New Lawyer Application.
• CLE Credits: The BTG Program replaces the Continuing Legal Education (CLE) 12-credit requirement for the new lawyer’s first full compliance year after being admitted to practice and the mentor’s CLE compliance requirement for one year. For example,youstartworkingwithyournew lawyer in September of Year 1. You must still complete your normal CLE requirement for Year 1. After 12months, itwill beSeptemberofYear 2 and you and your new lawyer have completed the mentoring plan. You and your new lawyer both will receive CLE credit for your Year 2 requirement. Once theBTGProgram is completed, the annualCLE12-creditcompliance requirement remains the same for both you and yournewlawyer.Formentoring,youcanreceiveCLEcreditevery other year.
• Mentoring Term: The mentoring term is 12 months and a minimum of 12 hours. Five hours may be accomplished on the phone; seven hours must be in person. You must work with your new lawyer for no less than 12 months. The BTG program manager has discretion to withhold CLE credits from you and your new lawyer if you fail to meet for a 12-month period. The start of the 12-month term depends upon:
� approval of the Individual Men-torship Curriculum Plan;
� when the new lawyer is admitted to the State Bar;
� when the new lawyer is assigned to a mentor; and
� when the new lawyer contacts the mentor.
• Curriculum: You and your new lawyer will develop an indi-vidual curriculum following the BTG Program curriculum guidelines. Certain activities are mandatory; many more are elective. The Individual Mentorship Curriculum Plan (see page 13) and the Mentorship Agreement (see page 12) must be submitted by the new lawyer to the BTG program manager for approval.
• Program Completion: At the conclusion of the first full year ofthementoringterm,youwillcertifyinwritingtotheStateBar of New Mexico that your new lawyer has completed the BTG Program.
• Working Together: � Your new lawyer may migrate to a different mentor upon request to the BTG program manager. No questions will be asked of the new lawyer on the first request for a change of
mentor. If the new lawyer makes a second request for a mentor change,questions,investigationandreplacementarewithinthe discretion of the BTG program manager.
� Ifyouareunabletoworkwithyournewlawyer,informtheBTG program manager as soon as possible.
� If you are not familiar with an area that your new lawyer wouldliketolearnabout,youcangetassistancefromtheBTG program manager or you can assist your new lawyer in finding another Court-approved mentor who possesses the experience to help you.
Required Paperwork•Bridge the Gap Mentor Application •Signed Mentorship Agreement and Individual Menorship
Curriculum Plan (to be completed jointly and submitted by the new lawyer)
•Interim and post evaluation surveys about the effectiveness of the BTG Program.
•Certificate of Satisfactory Completion.
Confidentiality and ConflictsThe mentor is presumed not to have a lawyer-client relationship with the new lawyer’s client and the new lawyer’s client
is not an intended beneficiary of the outside mentoring relationship between the mentor and the new lawyer. When allowed by Rule 16-101NMRA,thementormayprovideorthenewlawyermayseekshort-termlimitedguidanceorcounsel,withinanoutsidementoring relationship,without expectation by either lawyeror the new lawyer’s clients that a lawyer-client relationship has been formed by the mentor with the new lawyer’s clients or that representation is being provided in the matter to the new lawyer’s clients by the mentor.
Where practical, the new lawyer and thementor shall discussclient-specific issues in hypothetical terms within an outside men-toring relationship. Regardless of whether issues are discussed in
hypotheticalterms,theoutsidementorshall run a conflict check and shall treat all client information discussed with the new lawyer as confidential under Rules 16-106 to 16-112 NMRA. Although the outside mentor is presumed not to have a lawyer-client relationship with the new lawyer’s client, the outsidementor is presumed to be a representa-
tive of the new lawyer employed to assist the new lawyer in the rendition of professional legal services under Subparagraph (3) of Paragraph A of Rule 11-503 NMRA.
The foregoing does not apply to lawyers who are outside men-torsproviding,ornewlawyersseeking,counselorguidanceona on-going or regular basis relating to the needs of or litigation regardingaspecificclient,whetherwithinoroutsidethecontextof the mentoring relationship. If the lawyers are engaged in on-going or regular guidance or counsel related to a specific client or clients such that a lawyer-client relationship exists between thenewlawyer’sclientandthementor,thenthenewlawyerandthe mentor must comply with the relevant New Mexico Rules of Professional Conduct. See 24-110 NMRA.
“I learn along with the new lawyer.”—Mentor
“Mentoring has enabled me to remain helpful to a young new member of the State Bar who can carry on the public service focus I have tried to engage in throughout my career.”
—Mentor
4 u Bridge the Gap New Lawyer Handbook
Who is not required to participate in Bridge the Gap?• AttorneyswithactiveNewMexicolicenseswhodonotreside
in New Mexico and whose primary legal practice will not be in New Mexico are not required to participate in the BTG Program.Instead,theseattorneysmustcomplywiththeap-plicable New Mexico minimum continuing legal education requirements under Rule 18-201 NMRA. See Rule 24-110 (A)(2).
• AttorneyswhowereadmittedtopracticeinNewMexicoon motion and have been actively engaged in the practice of law for at least two years immediately prior to admission in New Mexico.
•AttorneyswhowereadmittedtopracticeinNewMexicoafter being actively engaged in the practice of law for at least two years in another state prior to admission to practice law in New Mexico.
• NewlawyerswithjudicialclerkshipsmaydeferBTGPro-gram requirements for one or two years (contact the BTG program manager).
• New lawyerswith activeNewMexico licenseswho areeither unemployed or not engaged in the practice of law or practicing with a limited license may petition the BTG program manager for a deferral or exemption from compli-ance with BTG. Deferrals may be allowed on the basis of financial hardship or other good cause. A new lawyer who is denied a temporary deferral may petition the Commission on Professionalism for review. The Commission’s decision is final.
New Mexico Supreme Court Rules Requiring Completion of the Bridge the Gap Mentorship ProgramRule 24-110 NMRA A. Applicability; deadlines; continuing legal education credit. Every
new lawyer admitted to practice law in New Mexico on active status shall timely complete the requirements of the “Bridge the Gap:TransitioningintotheProfession”(BridgetheGap)programadministered by the State Bar of New Mexico unless otherwise specifiedinthisrule.Forpurposesofthisrule,a“newlawyer”means any person admitted to practice law in New Mexico after the effective date of this rule.
(1) A new lawyer shall enroll in the Bridge the Gap program within thirty (30) days after admission to the bar. A new lawyer shall complete the Bridge the Gap program by December 31 of the first full calendar year following the date that the new lawyer is admittedtothebar,whichincludesbutisnotlimitedtofilingwith the state bar a Bridge the Gap Completion Certifica-tion executed by the assigned mentor attesting to successful completion of the Bridge the Gap program.
(2) A new lawyer who successfully completes the Bridge the Gap program shall receive credit for the full year of minimum continuing legal education requirements. The Commission on Professionalism shall certify the new lawyer’s completion of the program to the minimum continuing legal education
board,andthecreditsshallbeawardedinthecomplianceyearwhen the program was completed. Any deferral or exemption granted to a new lawyer under Paragraphs D or E of this rule does not defer or exempt the new lawyer from the minimum continuing legal education requirements under Rule 18-201 NMRA.
B. Appointment and training of qualified mentors; continuing legal education credit.
(1) The Commission on Professionalism shall certify and recom-mend qualifying lawyers to serve as mentors in accordance with the minimum requirements of the Bridge the Gap program guidelines for appointment by the Supreme Court. The Commission shall also be responsible for providing train-ing materials for new mentors in accordance with the Bridge the Gap program guidelines. The Supreme Court shall issue ordersofappointmentforalllawyersappointedasmentors,whoarethenauthorized,butnotrequired,toserveindefinitelyas mentors in the Bridge the Gap program unless otherwise ordered by the Supreme Court.
(2) A lawyer who participates in the Bridge the Gap program as an appointed Mentor may receive up to one (1) compli-ance year’s worth of continuing legal education credits every other compliance year. The Supreme Court’s Commission on Professionalism shall certify to the minimum continuing legal education board when a mentor has completed participa-tion in a mentorship program with a new lawyer.
C. Administration. The State Bar of New Mexico shall be responsible foradministeringtheBridgetheGapprogram,whichshallincludethe following:
(1) establish guidelines for the program subject to approval of the Supreme Court under Paragraph H of this rule;
(2) certify compliance and completion of the program by new lawyers;
(3)develop and approve the program’s operating procedures,budget,andstaffing;and
(4) submit an annual status report to the Supreme Court by March 1 of each year.
D. Deferrals. (1) A new lawyer serving a judicial law clerkship may apply for a
one (1) or two (2) year deferral from the State Bar depending on the expected termination date of the new lawyer’s clerkship.
(2) A new lawyer who is not engaged in the practice of law or who is unemployed may petition the State Bar for temporary deferral oftherequirementsinthisrule,whichmaybegrantedupona showing of financial hardship or other good cause. A new lawyer who is denied a temporary deferral may petition the Commission on Professionalism for review. The Commission’s decision is final.
(3) A new lawyer granted a deferral under this paragraph shall enroll in the Bridge the Gap program no later than thirty (30) days after expiration of the deferral period and shall complete the Bridge the Gap program requirements by December 31 of the first full calendar year following the expiration of the deferral period.
E. Exemptions. The following new lawyers are exempt from complet-ing the Bridge the Gap Program:
(1) new lawyers on active status who do not reside in or practice law in New Mexico;
(2) new lawyers who have practiced law in another state for a minimum of two (2) years in the last five (5) years prior to admission in this state; and
(3) new lawyers admitted under a limited license pursuant to Rule
“My new lawyer seems to appreciate the lessons that only experience can provide.”
—Mentor
5 u Bridge the Gap New Lawyer Handbook
15-301.1 NMRA or Rule 15-301.2 NMRA.F. Cost. Participation in the Bridge the Gap program requires pay-
ment of a three hundred dollars ($300.00) administrative fee by the new lawyer to the State Bar of New Mexico. One half of the fee is due on or before March 1 of the year immediately after admission and the remainder of the fee is due by December 31 of that same year.
G. Administrative suspension of license for non-compliance. Whenever the executive director of the State Bar of New Mexico shall certify in writing to the Supreme Court that a new lawyer has failed or refused to comply withtheprovisionsofthisrule,the clerk of the Supreme Court shall issue a citation to the new lawyer requiring the new lawyer toshowcausebeforetheCourt,within fifteen (15) days after serviceofsuchcitation,whythenew lawyer should not be suspended from the right to practice in the courts of this state. Service of the citation may be by personal service or by first class mail postage prepaid. The new lawyer’s compliance with the provisions of this rule on or before the return dayofsuchcitationsshallbedeemedsufficientshowingofcauseand shall serve to discharge the citation.
H. Bridge the Gap program curriculum and other information. The State Bar is responsible for developing and maintaining a program manualandothertrainingmaterials,tobeapprovedbytheSu-premeCourt,necessaryfortheimplementationandoperationofthe program.
I. Conflicts and confidentiality in outside mentoring.
(1) An outside mentoring re-lationship exists when the mentoring lawyer and new lawyer are not employed by the same law firm or agency. The mentoring lawyer is presumed not to have a lawyer-client relationship with the new lawyer’s client and the new lawyer’s client is not an intended beneficiary of the outside mentoring relationship between the mentoring lawyer and the new lawyer. When allowed by Rule 16-101
NMRA,thementoringlawyermayprovideorthenewlawyermayseekshort-termlimitedguidanceorcounsel,withinanoutsidementoringrelationship,withoutexpectationbyeitherlawyer or the new lawyer’s clients that a lawyer-client relation-ship has been formed by the mentoring lawyer with the new lawyer’s clients or that representation is being provided in the matter to the new lawyer’s clients by the mentoring lawyer.
(2) Where practical the new lawyer and the mentoring lawyer shall discuss new lawyer client specific issues in hypothetical terms within an outside mentoring relationship. Regardless
of whether issues are discussed in hypothetical terms, the outsidementoring lawyer shall run a con-flict check and shall treat all client information discussed with the new lawyer as confidential under Rules 16-106 to 16-112 NMRA. Although the outside mentoring
lawyer is presumed not to have a lawyer-client relationship withthenewlawyer’sclient,theoutsidementoringlawyerispresumed to be a representative of the new lawyer employed to assist the new lawyer in the rendition of professional legal services under Subparagraph (3) of Paragraph A of Rule 11-503 NMRA.
(3) Subparagraphs (1) and (2) of this paragraph do not apply to lawyerswhoareoutsidementorsproviding,ornewlawyersseeking,counselorguidanceonanon-goingorregularbasisrelating to the needs of or litigation regarding a specific cli-
ent,whetherwithinorwithoutthecontext of the mentoring relation-ship. If the lawyers are engaged in on-going or regular guidance or counsel related to a specific client or clients such that a lawyer-client relationship exists between the new
lawyer’sclientandthementoringlawyer,thenthenewlawyerand the mentoring lawyer must comply with the relevant New Mexico Rules of Professional Conduct. [Adopted by Supreme CourtOrderNo.11-8300-024,effectiveforalllawyersadmit-tedtopracticelawinNewMexicoafterApril6,2011.]
“The BTG materials are awesome and wide-ranging. They are invaluable in preparation for mentoring sessions.” —Mentor
“The BTG Program is beneficial to all members of the bar, regardless of years of practice.”
—Mentor
6 u Bridge the Gap New Lawyer Handbook
sTeps To CoMpleTion
responsibiliTies: Who does WhaT?New Lawyer
• Receives“passletter”fromtheBoardofBarExaminersand is sworn in
• EnrollsintheBTGProgramusingtheNewLawyer Application form
• Selectsamentororrequestsassignmentofamentor• Contacts new mentor• Requestsdefermentorexemptionifapplicable• SubmitsNewLawyerPre-ProgramSurvey• Pays$300($150byMarch1oftheprogramcompletion
year and $150 by December 31 of the program comple-tion year)
• Submits completed Individual Mentorship Curriculum Plan and Mentorship Agreement
• Submits New Lawyer Midpoint Survey• Completesallmandatoryandselectedactivitiesinthe
Individual Mentorship Curriculum Plan• Submits New Lawyer Completion of Program Survey• ExitstheBTGProgramandissubjecttotheNew
Mexico Board of Minimum Continuing Legal Education rules and regulations governing remaining CLE requirements
• UnderstandsthatfailuretoparticipateandcompletetheBTG Program can result in suspension
Mentor
• CompletesandsubmitstheMentorApplicationForm (if not yet appointed by the Supreme Court)
• UnderstandsthatmentorapprovalbytheNewMexicoSupreme Court is indefinite
• Contacts the BTG program manager if the program cannot be completed in 12 months
• Completes Mentor Midpoint Survey• Completes Mentor Completion of Program Survey• CompletesandsubmitstheCertificateofSatisfactory
(Submission of the form certifies that the new lawyer has or has not met plan and program requirements. The mentor has sole responsibility to certify whether or not the new lawyer satisfactorily completes the program.)
Mentor and New Lawyer
• AttendBTGOrientationProgram• JointlydeveloptheIndividualMentorshipCurriculum
Plan• Work together to ensure program topics are covered• Monitorprogress(Bothmentorandthenewlawyerhave
joint responsibilities to monitor due dates and program requirements throughout the 12-month period.)
• Meet frequently throughout the 12-month period (see“RulesandRequirements,”page3)
BTG Program Manager
• Screensmentorsforminimumqualifications• ForwardsmentornametoCommissionon
Professionalism for appointment consideration• ForwardsNewMexicoSupremeCourtappointment
letter to mentor• Pairsmentorsandnewlawyers• Acknowledgesreceiptofmaterials• CertifiesthattheIndividualMentorshipCurriculum
Plan meets minimum guidelines• Monitorsprogress;maycontacteitherorbothnew
lawyer and mentor to receive status update• ReportssatisfactorycompletionofprogramtoSupreme
Court and MCLE• ProvidesCertificateofProgramCompliancefornew
lawyers who complete the program or reports non-completion and requests administrative suspension
State Bar of New Mexico
• ProvidesprogrammaterialsandformsontheStateBar’swebsite
• Updatesprogrammaterials• Analyzesevaluationdata• Promotesprogramandrecruitsmentors• SubmitsannualreporttotheNewMexicoSupreme
Court
New Lawyer’s Employer
• Withnewlawyer’sinput,designatesmentorforinsidementoring
• Ensuresthatmentorisnotnewlawyer’sdirectsupervisor
Commission on Professionalism
• Reviewsmentorapplications• Reviewsprogramrequirements,processesandevaluation
data• Makes recommendations for program and
curriculum changes
New Mexico Supreme Court
• Approves list of mentors sent by Commission on Professionalism
• Reviews BTG Program annually
7 u Bridge the Gap New Lawyer Handbook
TiMeline
lisT of forMs
The following is a list of the forms required to assist in the administration of the BTG Program. Do not retype any of the forms. Submission instructions are at the bottom of each form.
Forms and other program materials are available at www.nmbar.org/Attorneys/mentorship/mentorship.html.
• Mentor Application• New Lawyer Application (see page 10)• Individual Mentorship Curriculum and Mentorship Agreement (see page 13–20)• Certification of Online Completion of Program Orientation• Certificate of Satisfactory Completion
On or Before
New Lawyer Application (Deferment/Exemption/Fee Payment) Form Within 30 days from swearing-in ceremony
Mentor Application (for new mentors or for individuals nominated by a new lawyer but not yet approved as a mentor)
A mentor may apply any time throughout the year. If he/she wishestomentoraparticularnewlawyer,applicationmustbe received within 30 days of the new lawyer’s swearing-in ceremony.
Select or be assigned a mentor Any time after spring admittance but not later than 60 days after the swearing-in ceremony
Individual Mentorship Curriculum Plan and Mentorship Agreement
Any time after pairing of new lawyer and mentor but no later than August 1 (for new lawyer admitted in the spring) andDecember 31 (for new lawyer admitted in the fall) of that year
First payment of $150 (half of Administrative Program Fee) March 1 of the year the program is completed
Mentorship term begins UponapprovaloftheIndividualMentorshipCurriculumPlan
Mentorship term ends 12 months from the beginning of the mentorship term but no later than December 31 of that year
Certificate of Satisfactory Completion Any time after completion of the program but no later than January15ofthenextyear
Second payment of $150 (half of Administrative Program Fee) December 31 of the year the program is completed
Communication with the BTG Office via email is preferred whenever possible.
Required documents may be submitted online or by mail, email, or fax.
8 u Bridge the Gap New Lawyer Handbook
CheCklisT
Check UponCompletion
NewLawyer Mentor
Apply to become a mentor 4
Enroll in the BTG Program 4
Attend BTG Orientation Program (in person or via video) 4 4
Select and contact mentor 4
Complete New Lawyer Pre-Program Survey 4
Submit signed Individual Mentorship Curriculum Plan andMentorship Agreement 4 4
First payment of $150 4
Complete midpoint program surveys 4 4
Complete all activities selected in the Individual Mentorship Curriculum Plan 4 4
Ensure all program topics are covered 4 4
Complete Completion of Program surveys 4 4
Submit Certificate of Satisfactory Completion 4 4
Second payment of $150 4
9 u Bridge the Gap New Lawyer Handbook
Tips for being a greaT MenTor
1. Ask great questions. Your responsibility is to get the new lawyer to talk about his
orherconcerns,careeraspirationsanddoubts.Askquestionsthat get the new lawyer talking about himself or herself.
2. Not another war story. Afewstoriesarehelpfultoillustratepoints,butyouarenot
helping the new lawyer by talking about yourself non-stop. If your time with the new lawyer isn’t 50/50 shared talking time,youaredoingsomethingwrong.
3. Don’t recreate the wheel. You have a great wealth of experiences to share with the new
lawyer. Share what strategies and techniques worked for you and,when appropriate, reveal themistakes youmade andwhat you learned from them.
4. Where does it say that? The professional practice of law involves acquiring skills that
are not written down and not taught in law school. Provide guidance about unwritten practices and rules and the practical application of general legal concepts.
5. No question is stupid. You are there to answer as many questions as the new lawyer
has. Make sure your new lawyer understands that no question is off limits. Although some of these questions might seem trivialoroldnewstoyou,tothenewlawyerEVERYTHINGis unfamiliar right now.
6. Let me introduce you. Asaveteranlawyer,youknowmanypeopleintheprofession.
Introduce you new lawyer to other lawyers and opportunities. Helpyournewlawyerdeveloprelationships,findappropriateopportunitiestodevelopskills,andgetinvolvedinStateBaractivities. If your new lawyer doesn’t have a job in the legal field,youmayofferyourassistanceinthejobsearch,butyouare under no obligation to do so. Finding a job is not a BTG Programgoal,andyoushouldnotfeelanypressuretofindthe new lawyer a legal position.
7. BFF The relationship between you and your new lawyer is a teach-
ing relationship.A lifelong friendshipmaygrowoutof it,but it is not a goal of the program. There is no guarantee that you and your new lawyer are going to hit it off. Remember your role as a teacher. If you are mentoring someone you’ve nevermetbefore,youmaynothaveperfectchemistry.Asaprofessional, youknowyouhave todealwithamultitudeof personalities in order to maintain a working relationship. Please make every effort to look past differences
8. Be available. Enough said.
9. Maintain boundaries Your new lawyer is not your client; your new lawyer’s clients
are not your clients; you are not a source of referrals for one another; you are not associates.
10. LOL BTW or Talkin’ ‘bout my generation. You are likely to be from a different generation than your new
lawyer. Because there are often misunderstandings when com-municationoccursbetweenpeopleofdifferentgenerations,talk about assumptions and values during the course of your relationship to avoid misunderstanding. Respect your new lawyer’sperspective,valuesandmethodsofcommunication.
11. We’re all different; we’re all the same. Differencesinethnicity,race,gender,sexualorientationand
nationality can sometimes create misunderstandings. Consider your cultural assumptions and values and discuss them with your new lawyer so as to avoid misunderstandings.
12. Inquiring minds want to know. Illness,movingawayorlosingcontactcanallcauseamentor-
ingrelationshiptoend.Whenthathappens,itisyournewlawyer’s responsibility to contact the BTG program manager so the issue can be dealt with promptly. If you have reason tobelievethatyournewlawyerwillnotinitiatethiscontact,please update the BTG program manager yourself. If you have invested significant time in a mentoring relationship thatendedprematurely,theCommissionmaycredityouwithCLE hours for you time. Please contact the BTG program manager.
13. Why so many surveys? You and your new lawyer will be asked to participate in
evaluations of the BTG Program: before the program starts (newlawyeronly),atthemidpointoftheprogramandattheconclusion of the program. Why so many surveys? Because thementoringprogramisanewinitiative,itisimportanttomeasurewhatimpacttheprogramhas,atleastforthefirstseveral years. The Board of Bar Commissioners and the New Mexico Supreme Court want to ensure that program goals are being met and exceeded.
14. Stay connected. Nearly all communication regarding this program will be sent
via email. It is critical to promptly notify the BTG program manager if you change your email address.
10 u Bridge the Gap New Lawyer Handbook
Bridge the Gap Mentorship Program Certificate of Satisfactory Completion
The new lawyer and mentor certify the following:
1. The new lawyer has satisfactorily completed the Bridge the Gap Mentorship Program. 2. The activities elected in the Individual Mentorship Curriculum Plan at the outset of the mentoring term
were completed. 3. We participated in a discussion about substance abuse and mental health issues.
4. We had a minimum of 12 mentoring hours (at least seven of which were accomplished in person) over the course of 12 months.
I hereby certify that the above information is true and accurate to the best of my knowledge.
Whenever the executive director of the State Bar of New Mexico shall certify in writing to the Supreme Court that a new lawyer has failed or refused to comply with the provisions of Rule 24-110 NMRA, the Supreme Court shall issue a citation to the new lawyer requiring the new lawyer to show cause before the Court, within fifteen (15) days after service of such citations, why the new lawyer should not be suspended from the right to practice in the courts of this state. Service of the citation may be by personal service or by first class mail postage prepaid. ________________________________________ ______________________________________ *Print/Type Name (Mentor) *Print/Type (New Lawyer) *Completion and submission of this form will stand for your signature.
This certificate must be completed and submitted on or before December 31 of the end of the mentoring term.
Click “submit,” or mail, email, or fax the completed form to:
Bridge the Gap Mentorship Program Elizabeth Aikin, Program Coordinator
5121 Masthead, Albuquerque, NM 87109 via email: [email protected]
via fax: 505-797-6074 REV 05-12
11 u Bridge the Gap New Lawyer Handbook
Bridge the Gap Mentorship Program Certificate of Satisfactory Completion
The new lawyer and mentor certify the following:
1. The new lawyer has satisfactorily completed the Bridge the Gap Mentorship Program. 2. The activities elected in the Individual Mentorship Curriculum Plan at the outset of the mentoring term
were completed. 3. We participated in a discussion about substance abuse and mental health issues.
4. We had a minimum of 12 mentoring hours (at least seven of which were accomplished in person) over the course of 12 months.
I hereby certify that the above information is true and accurate to the best of my knowledge.
Whenever the executive director of the State Bar of New Mexico shall certify in writing to the Supreme Court that a new lawyer has failed or refused to comply with the provisions of Rule 24-110 NMRA, the Supreme Court shall issue a citation to the new lawyer requiring the new lawyer to show cause before the Court, within fifteen (15) days after service of such citations, why the new lawyer should not be suspended from the right to practice in the courts of this state. Service of the citation may be by personal service or by first class mail postage prepaid. ________________________________________ ______________________________________ *Print/Type Name (Mentor) *Print/Type (New Lawyer) *Completion and submission of this form will stand for your signature.
This certificate must be completed and submitted on or before December 31 of the end of the mentoring term.
Click “submit,” or mail, email, or fax the completed form to:
Bridge the Gap Mentorship Program Elizabeth Aikin, Program Coordinator
5121 Masthead, Albuquerque, NM 87109 via email: [email protected]
via fax: 505-797-6074 REV 05-12
Introduction to the Individual Mentorship Curriculum Plan
The Bridge the Gap Mentorship Program curriculum includes core concepts, lawyering skills, activities, components and experiences which should be used as learning activities for the new lawyer and mentor and as topics for discussion between them. The activities and experiences are an introduction to the topics which lawyers need to be familiar with for the successful and professional practice of law.
The curriculum has more activities than can be completed in a year. The new lawyer and the mentor should work together to choose which of the topics to cover over the next twelve months. Incorporate the activities and experiences that are most relevant to the new lawyer’s particular practice setting, personal goals, needs and interests. Some topics are mandatory; most are elective.
The resources referenced in the Individual Mentorship Curriculum Plan are activities and experiences that can be used along with the various topics in the curriculum. Using these resources is not mandatory; rather use them as a to guide to discussion. The resources may be found on the State Bar’s website.
Bridge the gap program
mentorship CurriCulum
In This Section: ✓ Introduction to the Individual Mentorship Curriculum Plan ✓ Mentorship Agreement Form ✓ Individual Mentorship Curriculum Plan
{ Required and elective activities { Resources
The Individual Mentorship Curriculum Plan
The Individual Mentorship Curriculum Plan:•has instructions for use;•has activities grouped by topic;• indicates which topics are mandatory or elective;• indicates the minimum number of activities that must be
completed in each section; •directs users to recommended resources; and• features a recommended quarterly time frame for completion
of activities and experiences.
1. The new lawyer should contact the mentor as soon as prac-ticable after receipt of the mentorship match and arrange to meet at the mentor’s office to get acquainted and choose which topics are appropriate to cover over the next twelve months (see Resource 1). The new lawyer should print and bring the Individual Mentorship Curriculum Plan to the first meeting with the mentor.
2. To complete the BTG Mentorship Program successfully, all mandatory and elected activities must be completed by the end of the mentorship term.
3. Once the individual choices are made, both the new lawyer and the mentor must sign the Individual Mentorship Curriculum Plan and the Mentorship Plan Agreement. The new lawyer should send both documents to the BTG program coordinator for approval on or before Dec 1 of the new lawyer’s admission year. Keep a copy of the Individual Mentorship Curriculum Plan and the Mentorship Agreement for both the mentor and the new lawyer.
Important
Do not re-type the forms. Keep copies of the form for both the new lawyer and the mentor. The new lawyer should submit the Individual Mentorship Curriculum Plan and the signed Mentorship Agreement no later than August 1 (for the new lawyer admitted in the spring of that
year) and no later than December 31 for the new lawyer admitted in the fall of that year.
All forms, resources and other program materials are available at www.nmbar.org/Attorneys/mentorship/mentorship.html.
REV05-12
12 u Bridge the Gap New Lawyer Handbook
I agree to participate in the Bridge the Gap Program (the “BTG Program”) in accordance with its rules and regulations as may be amended from time to time. I understand that the BTG Program is comprised of a one-on-one mentorship relationship which primarily entails coaching, recounting experiences, lesson-sharing, providing support and asking questions.
I acknowledge the specific goals of the Program: •Totrainnewlawyersinprofessionalism,ethics,andcivilityduringtheirfirstyearsofpractice.•Tocreateasenseofprideandintegrityinthelegalprofessionandinvolvementintheorganizedbar.• Toassistnewlawyersinbeginningtheprocessofacquiringthepracticalskillsandjudgmentnecessarytopracticeinahighly
competent manner. • ToprovideameansforallNewMexicoattorneystolearntheimportanceofcollegialrelationships,organizationalmentorship,
including the building of developmental networks and long-term, multiple professional relationships.•Toencouragetheuseofbestpracticesandhighestidealsinthepracticeoflaw.
I acknowledge and will abide by the following BTG Program rules.• AnycommunicationbetweenthementorandthenewlawyerarisingoutofmyparticipationintheBTGProgramisforthe
sole purpose of guiding and teaching the new lawyer about the practice of law and the issues that the new lawyer is likely to face in the practice of law.
• Anycommunicationbetweenthementorandnewlawyerisnotintendedtobetherenderingoflegalorprofessionaladvicetothe new lawyer or his/her clients, and the new lawyer will not rely upon such communications or cause any client to rely upon them.Thenewlawyerwillrelysolelyuponhis/herownjudgment,legalopinions,orindependentresearch.
• NoconfidentialrelationshipisformedbetweenthementorandthenewlawyerasaresultofparticipationintheBTGProgram.The new lawyer will not identify any client to the mentor or reveal to the mentor any client confidence, nor will the new lawyer seek professional or legal advice from the mentor about specific legal matters or clients. Instead, all discussion about substantive legal matters between the new lawyer and the mentor will be limited to hypothetical situations.
• Thementorisnotassuminganyliabilityorresponsibilitywithrespecttoanylegalmatterofthenewlawyer’sclients,norwillthementorrenderprofessionalservicestoortakeanyresponsibilityforanyaspectofrepresentationofthenewlawyer’sclients.
• Thementorwillnotco-counselanymatterwiththenewlawyer,norwillthementormakereferralstooracceptreferralsfromthe new lawyer during the term of their mentorship relationship through the BTG Program.
• Thenewlawyeragreestowaiveallclaimsagainst,andtoholdharmless,thementor,theCommissiononProfessionalism,theStateBarofNewMexicoandtheSupremeCourtofNewMexico,itsemployeesandagents,foranyactionsorinactionsassoci-atedwiththeBTGProgramorwithnewlawyers’participationinthesame.
IherebycertifythatIhavereadtheaboveBridgetheGapMentorshipAgreementandagreetoitsterms.IpledgethatIwilldevotethetimeandeffortnecessarytocarryouttheIndividualMentorshipCurriculumPlan.Ialsocertifythatthenewlawyerandmentordo not have a direct supervisory relationship.
__________________________________________ __________________________________________*Print/TypeNameofNewLawyer *Print/TypeNameofMentor
*Completionandsubmissionofthisformwillstandforyoursignature.
Mentorship AgreeMent
Click“submit,”mail,email,orfaxtheMentorshipAgreementandtheIndividualMentorshipCurriculumformto:
BridgetheGapMentorshipProgramElizabethAikin,ProgramCoordinator
5121MastheadNE,Albuquerque,NM87109via email: [email protected]
viafax:505-797-6074REV05-12
13 u Bridge the Gap New Lawyer Handbook
Indi
vidu
al M
ento
rshi
p C
urri
culu
m P
lan
Activ
ityM
anda
tory
•Review
andhaveameaningfuldiscussionabouttheRulesofProfessionalConduct,making
suggestionsofpracticalapplicationoftheconcepts.
•Review
anddiscussindepthatleasttwoofthefollowingrules:Confidentiality,ConflictofInterest,
Candor,CommunicationW
ithPersonsRepresentedbyCounsel,Dealingw
ithUnrepresentedPersons.
•Reachanunderstandingonhowmattersdesignatedasconfidentialbythenewlaw
yerwillbe
handled.S
ee Re
sour
ce 2
Man
dato
ryAttendameetingofanorganizedbarassociationtogether.Discusslocal,stateandnationalbar
associationopportunitiesandtheadvantagesofbeinginvolvedinlocalandstatebarassociation
activities.S
ee Re
sour
ce 3
Man
dato
ryReviewtheStateBarofNewMexicolicensingform,highlightingannualcertificationsectionsandwhat
portionofthefeesgotow
hatentities.S
ee Re
sour
ce 4
Man
dato
ryDiscusstheunwrittencustomaryrulesofcivilityandetiquetteam
onglawyersandjudgesinthe
community.S
ee Re
sour
ce 5
Man
dato
ryAcquaintthenewlaw
yerwithlegalaidagenciesinthestate,localprobonoagencies,otheropportuni-
tiesforlawyerstoengageinprobonoorlowbonoactivities,andopportunitiesforlawyerstoengagein
civicandcharitablework.Discusshowandw
hyalaw
yerfindstime,despiteabusypractice,toengage
involunteeractivitiesandservicetothe professionandthecom
munity. S
ee Re
sour
ce 6
Man
dato
ryExplainanddiscussCLErequirementsandw
aystofulfi
llsuchrequirements.Se
e Res
ource
11
Elec
tives
: Che
ck tw
o.
ReviewanddiscussStateBarsectionsandcom
mitteesandthevalueofgettinginvolvedinStateBar
activitiesandservice,includingtheYoungLawyersDivision,ofwhichyouareamember.S
ee Re
sour
ce 7
Accompanythenewlawyertothelocalcourthouses,particularlythosecourtswherethenewlawyer
willprim
arilybeappearing.Totheextentappropriate,introducethenewlawyertomembersofthe
judiciary,courtpersonnelandclerksofthecourt.
See R
esou
rce 8
Meetatthementor’slawoffi
cetointroducethenewlawyertomembersofthefirm.Inthecaseof
in-housem
entorship,makesuresuchintroductionshavealreadyoccurred.SeeR
esou
rce 9
Escortthenewlawyertothelocaljailswherethenewlaw
yerislikelytohaveclientsandexplainthe
proceduresforjailhousevisits.Se
e Res
ource
10
Seco
nd Q
uart
er: P
erso
nal a
nd P
rofe
ssio
nal D
evel
opm
ent a
nd Et
hics
Inadditiontothethreemandatoryactivities,choosetwoelectivesfrom
thissection
foratotaloffiveactivities.
Activ
ity
Man
dato
ryDiscusssubstanceabuseandm
entalhealthissues,includingpossiblewarningsignsandwhattodoif
thenewlawyer,acolleagueorasuperiorisfacedw
ithasubstanceabuseormentalhealthproblem
.Reviewanddiscussthesupportandcounselingavailableforthenewlaw
yerandfamilythroughthe
NewMexicoLawyersandJudgesAssistanceProgram.S
ee Re
sour
ce 12
Man
dato
ryDiscusspotentialresourcesfordealingwithcomplicatedethicalissues,includingconflictsofinterest.
Discussethicalissuesthatarisewithsomeregularityinthepracticesetting.Discussw
aystoresolvethe
issues,referringtom
entor’sexperience,aswellasguidanceoftheRulesofProfessionalConduct.Ifthe
mentorshiprelationshipisin-house,discussthefirm’sproceduresforassistingw
ithcomplicatedethical
issues.Discussthegrievanceprocessandalaw
yer’sdutytocooperatew
ithadisciplinaryinvestigation.
See R
esou
rce 13
Man
dato
ryDiscusstheappropriatewaytohandlesituationswherethenewlawyerbelievesanotherlawyer(both
inandoutsideofthenewlaw
yer’sfirm)hascommittedanethicalviolation,theobligationtoreport
misconduct,andtheappropriatewaytohandleasituationwherethenewlawyerhasbeenaskedbya
seniorm
emberofthefirmtodosomethingthatisunethicalorunprofessional.S
ee Re
sour
ce 19
Elec
tives
: Che
ck tw
o.
Discuss thenewlaw
yer’slong-termcareergoalsandidentifywaystom
eetthosegoals.
See R
esou
rce 14
Discusstechniquesforfindingabalancebetweencareerandpersonallife,puttingdailypressuresin
perspectiveandreconcilingjobexpectationswithactualexperience.Discussbillablehourrequirements.
See R
esou
rce 15
Discussdifferentcareerpathsandidentifyresourcesforexploringoptions.Discussdifferencesbetween
largefirms,smallfirms,governmentandnon-profitpracticesandnon-traditionallegalpositions.
See R
esou
rce 16
Discusspracticalwaystom
anagelawschooldebt.S
ee Re
sour
ce 17
Discusscom
monmalpracticeandgrievancetraps(particularlyinthenewlawyer’spracticearea)and
howtorecognizeandavoidcommonpitfalls.Discussthebenefitsofcarryingmalpracticeinsuranceand
reviewtheinsuranceanddisclosureformsrequiredannually.Discussthelawyer’sobligationsinthe
eventofthefailuretocarrymalpracticeinsurance.
See R
esou
rce 18
*Prin
t/Typ
e N
ame
of N
ew L
awye
r___
____
____
____
____
____
____
____
____
____
____
_*P
rint/T
ype
Nam
e of
Men
tor _
___________________________________________
*Com
plet
ion
and
subm
issio
n of
this
form
will
stan
d fo
r you
r sig
natu
res.
1
Firs
t Qua
rter
: The
Lega
l Com
mun
ity an
d th
e Com
mun
ity Yo
u Liv
e In
Inadditiontothesixmandatoryactivities,choosetwoelectivesfrom
thissection
foratotalofeightactivities.S
ee Re
sour
ce 1.
REV
05-
12
14 u Bridge the Gap New Lawyer Handbook
2
Activ
ities
Man
dato
ryDiscusspracticestom
aintainclientconfidentiality.
See R
esou
rce 20
Man
dato
ryReviewescrowandtrustaccountrulesforhandlingclientfunds,includingtheimportanceofclearing
checksbeforefundsaredrawnandauthorityneededtopayfeesfromclientfundsintrust.
RefertoIOLTA
RULES17-204,24-109,16-115N
MRA
Elec
tives
: Che
ck si
x fro
m th
is se
ctio
n OR
from
the S
ubst
antiv
e Law
sect
ion
OR a
com
bina
tion
from
bot
h se
ctio
ns.
Tourthem
entor’slawoffi
ce,coveringdemonstrationsandexplanationsabouthowtheofficeis
managed.Discussresourcesw
herethenewlawyercanlearnmoreinformationaboutlawoffi
ce
managementissues.S
ee Re
sour
ce 21
Discussgoodtimerecords,timem
anagementskillsandtechniques.Discussbestpracticesandcurrent
practicesregardingrecordsofclient-relatedexpenses.S
ee Re
sour
ce 22
Discussthebillingandfilingsystems.
Discusshowtoscreenfor,recognizeandavoidconflicts.Discussthedifferencesbetweenissueconflicts
andclientconflicts.
See R
esou
rce 23
Discusstherolesandresponsibilitiesofparalegals,secretariesandotherofficepersonnelandhowto
establishgoodworkingrelationshipsw
ithsupportstaff,colleaguesandseniorcolleagues.
See R
esou
rce 24
Discusshowtopreventissuesoftheunauthorizedpracticeoflawinvolvingstaff.S
ee Re
sour
ce 25
Introducethenewlawyertothecalendarandandotherremindersystems.
Introducethenewlawyertotheinformationtechnology,libraryandresearchsystems.
Discussofficepolitics,includingappropriatenetworking,socializingandpersonalbehaviors.
See R
esou
rce 26
Discussthe importanceofplanningaheadforhandlingalaw
yer’spracticeintheeventofthelawyer’s
retirement,deathordisability.S
ee Re
sour
ce 27
Discusstheissuessurroundingleavingafirm,suchashowtoprotectoneself,advisingclients
andw
ithdrawingfrom
cases.
See R
esou
rce 28
Draftafeeagreement.
Third
Qua
rter
: Law
Offi
ce M
anag
emen
t and
the P
ract
ice of
Law
Inadditiontothetwomandatoryactivities,choosesixelectivesfromthissectionORfromthe
SubstantiveLawElectives(page3)ORacombinationfrom
thetwosectionsforatotalofeightactivities.
Four
th Q
uart
er: C
lient
Com
mun
icatio
ns, A
dvoc
acy a
nd N
egot
iatio
nInadditiontothetwomandatoryactivities,choosetwoelectivesfrom
thissection
ANDfivefromtheSubstantiveLawElectives(page3)foratotalofnineactivities.
Activ
ities
Man
dato
ryDiscusstheimportanceofm
aintainingcommunication,includingtheuseofretention,engagement
documentsandfeeagreements,confirmingthingsinw
riting,beingontime,etc.Discussthedosand
don’tsofm
aintaininggoodongoingclientrelationsandcom
munications,suchasreturningtelephone
callsandkeepingclientsinformedaboutm
atters.Discussfrequentissuesthatariseregardingthescope
ofrepresentation.Se
e Res
ource
29
Man
dato
ryDiscusstheresponsibilitiesoftheclientandthelawyerindecisionmakingandthebestwaystoinvolve
clientsintheircases.
See R
esou
rce 31
Elec
tives
: Che
ck tw
o fro
m th
is se
ctio
n AN
D fiv
e fro
m th
e Sub
stan
tive L
aw se
ctio
n.
Discussclientinteraction,includingtipsforgatheringinformationaboutalegalmatterandappraising
thecredibilityandtrustofapotentialclient.
Discussm
ethodsandtechniquesofclientandbusinessdevelopm
ent,includinganyrelevantethical
concernsandthemostprofessionalpracticesinthisregard.S
ee Re
sour
ce 30
Train,throughdiscussionandclientinteraction,howtobestscreenfor,recognizeandavoidconflict.
Discussthebestwaystoevaluateapotentialcaseandhowtodecidew
hethertoacceptaproffered
representation.Se
e Res
ource
32
Discusshowtodealwiththedifficultclientandhowtodeclinerepresentationoftheunrealisticor
impossibleclient.
See R
esou
rce 33
Discussproperlegalcounselingtechniques,dutiesandtheresponsibilitiesofadvisingclients.Discuss
feesettingforlegalservicesandhow totalkwithclientsaboutfees.Discussretaineragreements.
See R
esou
rce 34
Participateinorobserveatleastoneclientintervieworclientcounselingsession.
Discussappropriatew
aysfordealingwithothersonbehalfofaclient.
See R
esou
rce 35
Discusstipsforthepreparationofandproperbehaviorduringdepositions.
See R
esou
rce 36
Discusstheimportantpointsaboutnegotiationw
ithanotherlawyerandpotentialissues
associatedw
ithnegotiations.S
ee Re
sour
ce 37
Reviewandunderstandfeeagreementsandissuestobeincludedindifferenttypes.
Discusseffectivelegalwriting,suchaseffectivetechniques,avoidingcommonmistakescausing
pleadingstoberejected,effectivelyusingsamplelegalpleadingsandforms,effi
cientlegalresearch,etc.
See R
esou
rce 38
Discussthetypesofalternativedisputeresolution(e.g.,m
ediation,bindingandnon-binding
arbitration,high-lowarbitration,earlyneutralevaluation,court-annexedarbitration,summaryjury
trials,etc.)andthebenefitsanddisadvantagesofeach.Se
e Res
ource
39
Observe(inpersonorbystreamingvideoonline)anappellateargum
entintheSupremeCourtofNew
Mexico,NewMexicoCourtofAppeals,U.S.DistrictorCircuitCourt,anddiscusstechniquesandtipsfor
effectiveoralargum
ent.
See R
esou
rce 40
15 u Bridge the Gap New Lawyer Handbook
Subs
tant
ive
Law
Ele
ctiv
esAn
yofth
efollowingactivitiesin
Sectio
nsA–R
maybec
hosenaselectiveswith
inth
ethirdan
dfourthquarterso
ftheprogram
.Ato
talof1
1SubstantiveL
awElectivesm
ustb
echo
sen.
Up
to fo
ur o
f the
sele
cted
act
iviti
es m
ay b
e ac
com
plish
ed d
urin
g la
w sc
hool
in a
cre
dit-e
arni
ng e
xter
nshi
p, a
law
scho
ol c
linic
al p
rogr
am, a
sim
ulat
ed sk
ills c
ours
e, o
r a su
perv
ised
pro
bono
cas
e. C
onta
ct th
e BT
G p
rogr
am c
oord
inat
or fo
r mor
e in
form
atio
n.
Und
ereacharea,youareencouragedtoadjusttheactivitiesto
yourp
articularpracticesettingand
individu
alneeds.
The
men
tor,
or a
noth
er e
xper
ienc
ed la
wye
r app
rove
d by
the
men
tor,
shou
ld m
onito
r and
faci
litat
e th
e pr
ogre
ss o
f the
new
law
yer i
n fu
lfilli
ng p
ract
ice
expe
rienc
es b
y di
scus
sing
the
cont
ext a
nd a
sses
sing
the
activ
ity se
lect
ed.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
C: A
ltern
ative
Disp
ute R
esol
utio
n (A
DR)
ReviewanddiscussNewMexico’sstatutesonm
ediationincludingtherequirementtoscreenfora
mediator’spotentialconflictofinterest.
Observe,participatein,orprepareforanactualorsimulatedm
ediation.
Observe,participatein,orprepareforanarbitrationandreviewanddiscussrules.
Discusshowtoprepareaclientformediationorarbitration.
Chec
kSe
lect
ions
Subs
tant
ive L
aw El
ectiv
es
Sect
ion
A: Li
tigat
ion
and T
rans
actio
n Ha
ndlin
gParticipateinadepositionofawitnessoradversepartyinacivilaction.
Participateinacivilorcriminalcasetrialineitherastateorfederalcourt.
Participateinanevidentiaryhearinginastateorfederalcourt.
Observeorparticipateinamediationorarbitration.
Observeorparticipateinanegotiationandexplainrelevantbackgroundcontext.
Participateinaclientinterview.
Participateincounselingaclient.
Prepareacomplaintandasummons.
Participateintrialpreparationandobserveorparticipateinatrial.
Participateinpleanegotiationsorreviewingapleaagreement.
Participateindraftingandreview
ingwillsandrevocablelivingtrusts.
Participateindraftingandreview
inginitialprobatedocum
ents.
Participateinformingbusinessentitiesbydraftingandreviewingincorporationdocuments
andbusinessagreements.
Participateinpreparingsettlementdocum
ents,includingadiscussionofanytaximplicationsina
settlementincludingamonetaryaward.
Participateinanadm
inistrativehearing.
Participateindrafting,amending,orreviewingacontract.
Participateindraftingapleadingormotionforanadm
inistrativebodyorastateorfederalcourt.
Participateinpreparingaclient’staxreturn.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
esSe
ctio
n B.
Adv
ocac
y and
Litig
atio
n AttendanappellateargumentintheNewMexicoSupremeCourt,CourtofAppeals,oraU.S.Circuit
CourtofAppeals.
Attendorparticipateinahearingonamotion;discuss.
Attendorparticipateinanoralargum
ent;discuss.
Attendorparticipateinatrial,includingvoirdireifajurytrial;discuss.
DiscussfrequentissuesthatariseinlitigationconcerningspecificRulesofCivilProcedureandthelocal
rulesthatapplyineitherstateorfederalcourt.
Participateina26(f)conferencetodiscusssettlement,discoveryplanandinitialdisclosures.
Discussthemechanicsoftrial,includingwheretostand,properattire,whentostand,courtroom
decorum,judges’benchbooks,etc.
Participateindraftingdiscoveryrequests,includinginterrogatories,requestsforadm
issionandrequests
forproductionofdocuments.
Participateinpreparingforandobserving(ortakingordefending)depositions.
3
16 u Bridge the Gap New Lawyer Handbook
4
Chec
kSe
lect
ions
Subs
tant
ive L
aw El
ectiv
es
Sect
ion
F: Ci
vil P
roce
dure
Prep
are a
com
plaint
.
Prep
are a
sum
mon
s.
Caus
e a su
mm
ons t
o be s
erve
d.
Parti
cipat
e in p
repa
ring a
Rule
12 m
otion
to di
smiss
.
Parti
cipat
e in p
repa
ring a
nswe
rs to
a co
mpla
int, c
ount
ercla
im, c
ross-
claim
and t
hird-
party
com
plaint
.
Parti
cipat
e in a
26(f)
conf
eren
ce to
disc
uss s
ettle
men
t, dis
cove
ry pl
an an
d init
ial di
sclos
ures
.
Parti
cipat
e in p
repa
ring i
nitial
discl
osur
es as
requ
ired b
y Rule
1-20
6 NM
RA.
Parti
cipat
e in p
repa
ring f
or an
d obs
ervin
g, ta
king,
or de
fendin
g a de
posit
ion.
Parti
cipat
e in d
rafti
ng di
scove
ry re
ques
ts, in
cludin
g int
erro
gato
ries,
requ
ests
for a
dmiss
ion an
d req
uests
fo
r pro
ducti
on of
docu
men
ts.
Parti
cipat
e in i
dent
ifying
expe
rt wi
tnes
ses a
nd pr
oduc
ing ex
pert
witn
ess r
epor
ts.
Parti
cipat
e in d
epos
ition
s, inc
luding
the d
epos
ition
of ex
pert
witn
esse
s.
Parti
cipat
e in p
repa
ring m
otion
s and
mem
oran
da in
supp
ort o
f sum
mar
y jud
gmen
t.
Parti
cipat
e in a
prep
aring
pret
rial o
rder
and m
aking
pret
rial d
isclos
ures
of w
itnes
ses a
nd ex
hibits
.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
G: Cr
imin
al P
roce
dure
Parti
cipat
e in c
harg
e neg
otiat
ions w
ith pr
osec
utor
’s offi
ce.
Parti
cipat
e in d
iscov
ery d
eman
ds on
pros
ecut
or, in
cludin
g req
uest
for e
xculp
ator
y mat
erial
s.
Parti
cipat
e in e
ngag
emen
t of p
rivat
e inv
estig
ator
to in
terv
iew w
itnes
ses.
Revie
w inf
orm
ation
or in
dictm
ent f
or co
nstit
ution
al an
d/or
plea
ding d
efects
.
Rese
arch
elem
ents
of cr
ime c
harg
ed or
unde
r inve
stiga
tion;
disc
uss.
Revie
w an
d disc
uss p
retri
al div
ersio
n req
uirem
ents.
Revie
w an
d disc
uss p
lea in
abey
ance
stat
ute i
n a pa
rticu
lar ca
se an
d stu
dy ap
plica
ble st
atut
e.
Revie
w an
d disc
uss c
riter
ia fo
r a on
e- or
two-
level
redu
ction
of off
ense
in a
parti
cular
case
and s
tudy
ap
plica
ble st
atut
e.
Parti
cipat
e in d
iscus
sions
with
pret
rial s
ervic
es (b
ail).
Parti
cipat
e in e
diting
stat
emen
t by d
efend
ant i
n adv
ance
of pl
ea.
Obse
rve a
nd/o
r par
ticipa
te in
a tri
al.
Obse
rve a
nd/o
r par
ticipa
te in
an en
try of
plea
in co
urt.
Revie
w an
d disc
uss p
re-se
nten
ce re
port;
parti
cipat
e in fi
ling o
bjecti
ons.
Rese
arch
and p
artic
ipate
in an
alysis
of fe
dera
l sen
tenc
ing gu
idelin
es in
a pa
rticu
lar fe
dera
l cas
e.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
H: Es
tate
Pla
nnin
gPa
rticip
ate i
n dra
fting
and r
eview
ing at
leas
t six
of th
e foll
owing
•Wills
•Dur
able
powe
rs of
atto
rney
•Rev
ocab
le liv
ing tr
usts:
tax p
lannin
g•A
dvan
ced h
ealth
care
dire
ctive
s
•Rev
ocab
le liv
ing tr
usts:
non-
tax p
lannin
g•L
ife in
sura
nce t
rusts
•Rev
ocab
le liv
ing tr
usts:
gene
ratio
n-sk
ipping
tax
plann
ing•T
rans
fer of
owne
rship
docu
men
ts:
quit-
claim
deed
s.
•Irre
voca
ble tr
usts
•Tra
nsfer
of ow
nersh
ip do
cum
ents:
as
signm
ents
•Spe
cial p
ower
s of a
ttorn
ey fo
r hea
lth ca
re.
Assis
t in g
athe
ring a
nd or
ganiz
ing cl
ient i
nfor
mat
ion
Prep
are d
iagra
ms o
f spe
cific e
state
plan
s for
clien
ts.
Prep
are e
state
plan
ning b
inder
s for
clien
ts.
Prep
are C
rum
mey
notic
es fo
r life
insu
ranc
e tru
sts.
Chec
kSe
lect
ions
Subs
tant
ive L
aw El
ectiv
es
Sect
ion
D: N
egot
iatio
nDi
scus
s how
to pr
epar
e for
the n
egot
iation
of a
legal
mat
ter (
e.g., r
eleas
e of a
perso
nal in
jury c
laim
, lea
se ag
reem
ent,
etc.)
.
Disc
uss w
hen a
nd ho
w ne
gotia
tion s
hould
be in
itiat
ed.
Disc
uss w
hen a
nd ho
w to
invo
lve th
e clie
nt in
nego
tiatio
n.
Disc
uss e
thica
l and
prof
essio
nal o
bliga
tions
of ne
gotia
tors.
Disc
uss s
kills
need
ed to
be an
effec
tive n
egot
iator
and h
ow to
acqu
ire th
em.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
E: Cl
ient
Inte
rvie
win
g an
d Co
unse
ling
Disc
uss a
nd re
view
inter
view
tech
nique
s (as
king t
he rig
ht qu
estio
ns).
Disc
uss a
nd re
view
coun
selin
g tec
hniqu
es (p
rovid
ing th
e har
d adv
ice).
Simula
te an
d disc
uss t
he co
unse
ling o
f a cl
ient (
men
tor a
nd ne
w law
yer s
hould
alte
rnat
e bein
g clie
nt
and l
awye
r).
Parti
cipat
e in i
nter
viewi
ng a
clien
t.
Parti
cipat
e in c
ouns
eling
a cli
ent.
17 u Bridge the Gap New Lawyer Handbook
5
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
I: Pr
obat
ePreparenoticetocreditorsandarrangeforpublication.
Prepareinventoryofestate.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
N: R
eal E
stat
e Law
(a)SearchatitleatRecorder’sO
ffice
(b)Participateindraftingandreviewingatleastfourofthefollowing:
•Realestatepurchaseagreements.
•Com
mercialLeases
•Deedsoftrust.
•Residentialleases
•Mortgages.
•NoticeofDefaultontheabove
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
J: Fa
mily
Law
ReviewanddiscusstheRulesofCivilProcedurespecifictoFamilyLaw.
Understandtheroleofadomesticrelationscom
missioner.Meetasm
anycom
missionersaspossible.
Prepareproposedcasem
anagementorder.
Ceateachildsupportresource.
Observehearingonm
otionfortemporaryorders.
Observeorparticipateincustodyevaluationsettlementconferenceifpermissionisgranted.
Participateinacollaborativelawmeetingifpermissionisgranted.
Participateinm
ediationifpermissionisgranted.
Observeorparticipateinafam
ilylawtrial.
Participateinpreparingapremaritalagreementorreview
anddiscussstatutoryrequirements,caselaw,
andnecessarytermsofpremaritalagreements.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
K: Ju
veni
le La
wAttendorparticipateinashelterhearing.
Attendorparticipateinadispositionhearing.
DiscussthestandardsforremovalwithaDepartm
entofChildandFamilyServices(DCFS)worker.
Discusstheroleofajuvenileguardianadlitem;introducewherepossible.
Inajuveniledelinquencycase,observe,participatein,ordiscuss:
•Adetentionhearing
•Theroleofaprobationoffi
cerindetentioncases
•Anarraignment
•Apre-trial
•Atrial
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
L: B
usin
ess L
awParticipateinformingbusinessentitiesbydraftingandreviewingatleastthreeofthefollowing:
•Articlesofincorporation.
•Operativeagreements
•Articlesoforganization.
•Partnershipagreements
•Corporateminutesandresolutions
•Bylaws
Participateindraftingandreview
ingatleastthreeofthefollowing:
•Shareholders’agreements.
•Noncompetitionagreements
•Buy-sellagreements.
•Promissorynotes
•Security/collateralagreements
Participateintheduediligenceprocessformergersandacquisitions.
PrepareUCCfilings.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
M: T
ax La
wPrepareandanalyzetaxcalculations.
ParticipateinpreparingcertainIRStaxforms,includingthefollowing:
•Form2553(CorporationElection
•Form709(GiftTaxReturn)
•Form706(EstateTaxReturn
•Form1041(Incom
eTxforTrusts)
18 u Bridge the Gap New Lawyer Handbook
6
Chec
kSe
lect
ions
Subs
tant
ive L
aw El
ectiv
es
Sect
ion
Q: Tr
adem
ark L
awObserveorparticipateinaclientinterview.
Participateintrademarksearch/evaluation.
Participateindraftingandfilingatrademarkapplication.
ParticipateindraftinganOfficeActionresponse.
Participateinpreparinganddraftinganappealbrief.
Discussandreviewtechniquesforsuccessfultrademarkprosecution.
Participateintrademarklitigation.
Participateindraftingandfilingacopyrightapplication.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
R: O
ther
Poss
ible
Elec
tives
Thereareanumberofothersubstantiveareasofthelawnotincludedbutforwhichyoumaypreparea
curriculum
andyourowncheck-offsheet.Thoseareasincludebutarenotlimitedto:
•Administrativelaw
•Insurancedefenselaw,including
coverageanalysis
•Securitieslaw
•Mergerandacquisitionlaw
•Bankruptcylaw
•Constitutionallaw
•Environmentallawand
compliance
•Immigrationlaw
•Antitrustlaw
•Healthcarelaw
•Waterlaw
•Indianlaw
•Oil,gas,andmininglaw
•Povertylaw
•Publicutilitieslaw
•Civilrightslaw
•Entertainm
ent/Sportslaw
•Ethicalleadershipincorporatepractice(audit
committees,SarbanesOxley,corporatem
onitors)
•Contractlaw
•Lobbyingrequirements,ethicsandstatelegisla-
tiveprocess
•Personalinjurylaw,including
productsliability
Activ
ities
Chec
kSe
lect
ions
Subs
tant
ive L
aw El
ectiv
es
Sect
ion
O: Em
ploy
men
t Law
ReviewanddiscusstheUALD/EEOCadministrativeprocess.Revieworparticipateindraftingachargeor
theresponsetoacharge.
PrepareforandparticipateintheUALD/EEOCadministrativeprocess,includingaresolutionsconference
oranappealtotheLaborCommission.
Participateindraftingaseparationorsettlementagreement.
Participateinconsultationw
ithmanagementonH
Rissues.
Prepareforandobserveorparticipateinanunemploymentbenefitsinsuranceappealhearing.
Reviewanddiscussanongoingemploymentlawissue,suchasaclaimunderTitleVII,theFamily
MedicalLeaveAct,theAmericanswithDisabilitiesAct,orothersubstantivefederallaworitsstate
counterpart.
Chec
kSe
lect
ions
Subs
tant
ive La
w El
ectiv
es
Sect
ion
P: Pa
tent
Law
Observeorparticipateinaclientinterview.
Participateinpatentsearch/evaluation.
Participateindraftingandfilingapatentapplication.
ParticipateinfilinganInformationDisclosureStatement(IDS).
ParticipateindraftinganOfficeActionresponse.
Participateinatelephoneconversationw
ithanExaminer.
Participateinpreparinganddraftinganappealbrief.
Discussandreviewtechniquesforsuccessfulpatentprosecution.
Top Related