B the g M prograM Mentor s handBook - State Bar of … · Mentoring Term Curriculum Program ... •...

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


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


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


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


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


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


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


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.


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


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.


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


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


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


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

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Men

tor _

___________________________________________

*Com

plet

ion

and

subm

issio

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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

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mun

ity Yo

u Liv

e In

Inadditiontothesixmandatoryactivities,choosetwoelectivesfrom

thissection

foratotalofeightactivities.S

ee Re

sour

ce 1.

REV

05-

12


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


Subs

tant

ive

Law

Ele

ctiv

esAn

yofth

efollowingactivitiesin

Sectio

nsA–R

maybec

hosenaselectiveswith

inth

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dfourthquarterso

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talof1

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awElectivesm

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atio

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ereacharea,youareencouragedtoadjusttheactivitiesto

yourp

articularpracticesettingand

individu

alneeds.

The

men

tor,

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er e

xper

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cont

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the

activ

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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.


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

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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


4

Chec

kSe

lect

ions

Subs

tant

ive L

aw El

ectiv

es

Sect

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vil P

roce

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Prep

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mm

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o be s

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repa

ring a

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otion

to di

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Parti

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e in p

repa

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nswe

rs to

a co

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ount

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ross-

claim

and t

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party

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26(f)

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ettle

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ry pl

an an

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.

Parti

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nitial

discl

osur

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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.


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


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)


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.

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