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MENTORING PROGRAM Resources for a successful mentorship experience!
MENTORING PROGRAM
Resources for a successful mentorship experience!
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TABLE OF CONTENTS
INTRODUCTION ……………………………………………………….......... 3
ACKNOWLEDGMENTS ……………………………………………………… 3
PROCEDURAL OVERVIEW …………………………………………………... 4-5
GETTING STARTED: MENTEE CHECKLIST …………………………….......... 6
GETTING STARTED: MENTOR CHECKLIST ……………………………......... 7-8
INITIAL MEETING GUIDE …………………………………………………... 9
MENTORING PLAN ……………………………………………………........ 10
MENTORING PLAN FORM ……………………………….......................... 11
CORE CURRICULUM ACTIVITIES ………………………………………… 12-14
PRACTICE AREA ACTIVITIES ………………………………………......... 14-22
FREQUENTLY ASKED QUESTIONS …………………………………….......... 23-24
CERTIFICATE OF COMPLETION ……………………………………………... 25
CONTACT US …………………………………………………………......... 26
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INTRODUCTION
The first years of a lawyer’s practice are a critical time in the development of professional habits, practices and character. This period can also be challenging and stressful as new lawyers adjust to the pressures of practice management, client relations and the adversarial process.
A successful mentorship relationship can help facilitate this transition into the practice of law. A mentorship relationship can also help more experienced lawyers see the profession through new, enthusiastic eyes and help the mentor understand generational differences. The Ready.Set.Practice. Mentoring Program is designed to assist a mentor in mentoring new lawyers (the “mentee”), acting as a coach or guide as the mentee adjusts to the practice of law.
Throughout this program, the mentee and mentor will develop a Mentoring Plan. The purpose of the Mentoring Plan is to start the conversation between the mentee and mentor while giving mindful direction to the relationship. It allows the pair to identify what assistance the mentee is seeking from his or her mentor.
The success of any mentoring program depends on the commitment of both the mentor and the mentee. We are confident that mentors and mentees alike will benefit from this program.
ACKNOWLEDGMENTS
This handbook is modeled on the Oregon State Bar’s New Lawyer Mentoring Program Manual. We are grateful to the OSB for sharing its mentoring resources.
A special thanks to the University of Wisconsin Law & Entrepreneurship Clinic professors and students, especially Anne Smith, Clinic Co-Director, Rebecca Burkes and Forrest Crawford, for their assistance in drafting this manual and developing the Ready.Set.Practice. Mentoring Program, and to WILMIC for their sponsorship and support.
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PROCEDURAL OVERVIEW
Members apply to participate in program Deadline for applications is November 15, 2019
Match Mentors and Mentees
Webinar Training. https://www.wisbar.org/formembers/membershipandbenefits/Pages/Ready-Set-Practice-Training-Video.aspx
Pairs hold initial meeting and begin mentor relationship Outreach, support, and surveys will be conducted to elicit feedback and suggestions from participants throughout the year
TIMELINE
September-November 2019
November-January 2020
January 2020
January-December 2020
ENROLLMENT
Members interested in participating in the Ready. Set. Practice. Mentoring Program can submit an application (accessible at www.wisbar.org/mentoringprogram).
Currently, Wisconsin does not require new lawyers to participate in a mentoring program or grant CLE credit for mentoring.
DURATION
The program runs during the calendar year – January through December. Meetings between the mentor and mentee are determined by the pair’s schedule.
DESIGNING THE MENTORING PLAN
The Mentoring Plan includes core concepts and experiences that will introduce mentees to the practical aspects of lawyering. See pages 10-11 for the Mentoring Plan.
During the initial meeting, the mentee and the mentor should review the required elements of the Mentoring Plan.
The Mentoring Plan may include as many practice area activities as the mentee and mentor agree are practical, but it is recommended that the plan include at least ten (10) activities – five
(5) from the core curriculum activities and five (5) from the practice area activities.*
*The activities listed in this handbook are not exclusive; the mentee and mentor may choose tosupplement the listed activities or substitute others that they identify as basic competency skills.Similarly, if the mentee is interested in a substantive area for which no activities are suggested,thementee and the mentor may customize the Mentoring Plan to build basic skills in that area.
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The mentor alone is not expected to personally address all of the Mentoring Plan elements, but rather serve as a conduit to the larger legal community for the mentee. If the mentor knows a member of the community particularly well-suited in one area, he or she can arrange for the mentee to work with that individual on an item.
COMPLETING THE MENTORING PLAN
The Mentoring Plan should be completed in approximately one year. It is expected that the mentee and mentor will meet regularly and allow sufficient time to review and discuss the various experiences and activities that make up the Mentoring Plan.
Mentees may choose to complete some of the activities in small group settings rather than by individual discussion. Similarly, programs offered through sections, divisions, local or specialty bars, may be used to address some of the activities found in the Mentoring Plan.
MATERIALS DESIGNED TO MAKE PARTICIPATION AS EASY AS POSSIBLE:
A. Mentee Checklist, see pg. 6
B. Mentor Checklist, see pg. 7-8
C. Initial Meeting Guide, see pg. 9
D. Mentoring Plan Form, see pg. 10
ETHICAL CONSIDERATIONS
Ensure that you are familiar with The Rules of Professional Conduct. Be mindful of confidentiality and conflict of interest issues when participating in your mentoring relationship. For more information on ethical considerations, the program strongly recommends each participant watch the Ready.Set.Practice. webinar training videos, which are available online at https://www.wisbar.org/formembers/membershipandbenefits/Pages/Ready-Set-Practice-Training-Video.aspx.
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GETTING STARTED: MENTEE CHECKLIST
Sometimes the hardest step is just getting started. The checklist below will help ensure you are prepared for your initial meeting with your mentor. Remember: this relationship is a two-way street. It’s important that you put in the legwork to get the most out of your mentor’s time. Take initiative and be flexible.
Complete these Steps Prior to Initial Meeting:
o Review the Initial Meeting Guide (see pg. 9);o Mentees are encouraged to watch the Webinar Training videos at https://www.wisbar.org/
formembers/membershipandbenefits/Pages/Ready-Set-Practice-Training-Video.aspx o Contact your mentor to set up the initial meeting;o Think about areas you would specifically like to develop further (i.e. client
development, time management, courtroom skills);o Identify core curriculum concepts that interest you (see pg. 12-14);o Identify practice area activities that interest you (see pg. 14-22);o Research your mentor to learn about him or her.
REMEMBER:
A mentoring relationship should not be viewed as the following:
• An opportunity to ask for employment, however, asking for career advice is acceptable.
• An opportunity to discuss current cases, however, asking for help with skilldevelopment is acceptable.
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GETTING STARTED: MENTOR CHECKLIST
The checklist below will help ensure you are prepared for your initial meeting with your mentee. The mentee is responsible for contacting you and setting up the initial meeting. If you have not heard from your mentee by mid-January, please reach out to them.
Complete these Steps Prior to Initial Meeting:
o Review the Initial Meeting Guide (see pg. 9);o Mentors are encouraged to watch the Webinar Training videos at http://www.wisbar.org/
formembers/membershipandbenefits/Pages/Ready-Set-Practice-Training-Video.aspx; ando Identify anything you would like to learn from your mentee.
REMEMBER:
• You have a wealth of information to share. Think back to what helped you most along yourcareer path. Share what you learned, mistakes you made, strategies for success and thingsyou wish you would have done.
• There is so much that lawyers do not learn in law school. Share practical tips you havelearned along the way that will help your mentee acquire skills to be a better professional.
• Listen to your mentee’s questions. Work to foster a learning environment where he or shefeels comfortable asking questions.
• Introduce your mentee to lawyers, judges, and others in the legal community. It is yourprofessional network that will be instrumental in providing another type of learningopportunity to your mentee.
• Your mentee may want to learn about areas in which you have no experience. Reach out toothers to assist your mentee.
• If you encounter a situation where a lawyer may need additional support, contact the StateBar’s WisLAP program. WisLAP is designed to help lawyers, judges, law students andtheir families by offering services that promote physical, mental and emotional health. It isbased upon lawyers helping other lawyers. The program provides free, confidentialassistance in improving or maintaining health and wellbeing whether coping withsubstance abuse or dependence, mental health challenges, or other stressors whichnegatively impact the quality of life and/or the practice of law. Starting out in the practiceof law can be as challenging as it is exciting. Don’t hesitate to get a free consultation fromthis program. It is the smart thing to do.
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• 24 hour helpline: (800) 543-2625• WisLAP Coordinator, Mary Spranger [email protected]
(800) 444-9404 ext 6159
WisLAP Contact Information:
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INITIAL MEETING GUIDE
WHAT MENTOR MENTEE COME PREPARED Learn what you can about
your mentee prior to the initial meeting.
Learn what you can about your mentor prior to the initial meeting.
DEFINE GOALS Listen. Ask questions. Come prepared with several key goals, for your career and mentoring year.
SHARE CAREER STORY Briefly share your career story, including a discussion about your mentors. If you did not have mentors, discuss how it affected your practice.
Listen. Ask questions.
DISCUSS GOALS/NEEDS Be prepared to adjust your expectations to meet the specific needs of your mentee.
Give thought in advance to what you want out of the program and how to communicate that to your mentor.
SET EXPECTATIONS ANDBOUNDARIES
Agree on general time expectations, preferred communication, etc. Part of your role is to be available for unexpected challenges that face your mentee.
Agree on preferred communication practices and time expectations. Be respectful of your mentor’s time limitations.
ESTABLISH REGULARMEETING TIMES
Inform your mentee of your time commitments and general schedule; agree on a method and frequency for communication between scheduled meetings.
Commit to organizing your time so as to make efficient use of mentoring meetings. Be considerate of your mentor’s schedule.
PREPARE THEMENTORING PLAN
Review the plan components. Discuss the mentee’s practice area interest and any adjustments to meet his or her individual needs.
Review the plan in advance and be prepared to discuss your practice area choice and any other goals you have for the relationship.
AGREE TO BE CANDIDABOUT ANY PROBLEMS
Explain that you will inform the mentee if a problem arises in the mentoring relationship, or if a desired result is not being achieved.
Explain that you will inform the mentor if a problem arises in the mentoring relationship, or if a desired result is not being achieved.
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MENTORING PLAN
The following pages contain the Mentoring Plan, suggested core curriculum area activities, and suggested practice area activities. The mentor and mentee should consider these pages when filling out the Mentoring Plan. The pair should select at least ten (10) activities to complete during the mentoring program – five (5) core curriculum activities and five (5) practice area activities. Mentors and mentees are encouraged to be broad, expansive and creative in how they select the ten activities.
Further, it is not the expectation that the mentor directly lead each and every experience outlined in the Mentoring Plan. The mentor assures that the mentee gains access to people and professionals that will support his or her career goals, and reinforce development of a professional, ethical and competent law practice. Quite frequently, mentees may get more value out of exploring key concepts with someone more directly involved or knowledgeable about that area. For example, in a large firm, understanding of billing practices or trust account management may be handled by the accounting department, with the mentor simply confirming that the curriculum element was addressed.
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MENTORING PLAN FORM
The Mentoring Plan should be filled out and agreed upon during the initial meeting. The pair should discuss what each hopes to gain from the relationship and discuss activities that will further their legal development.
Fill out the Mentoring Plan with ten (10) activities to accomplish throughout the mentoring program. Please note, this list may change as the relationship continues throughout the year. The purpose of the Mentoring Plan is to start the conversation between the mentee and mentor while giving mindful direction to the relationship.
ACTIVITY DATE COMPLETED
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CORE CURRICULUM AREA ONE: INTRODUCTION TO THE LEGAL COMMUNITY, PUBLIC SERVICE AND BAR SERVICE
Suggested Activities: • Introduce the mentee to others in the community through attendance at local bar
associations or other law-related events. Discuss the opportunities and value ofparticipating with local, state, or national bar organizations.
• Explain customs and expectations of etiquette and behaviors within the legal communitysuch as cooperating with reasonable requests of opposing counsel that do not prejudiceclients, punctuality in fulfilling professional commitments, and avoiding offensive tactics.
• Introduce the mentee to other lawyers and staff at mentor’s workplace.
• Discuss a lawyer’s professional obligations regarding the personal rewards arising fromcommunity and public service, i.e., acquaint the mentee with a law-related charitableorganization or with programs in which lawyers in private practice can provide pro bonolegal services.
CORE CURRICULUM AREA TWO: RULES OF PROFESSIONAL CONDUCT/STANDARDS OF PROFESSIONALISM
Suggested Activities: • Review ethical issues that arise with some regularity in the practice setting and best
practices for resolving them, i.e., review and discuss the importance of and methods usedto screen for conflicts.
• Discuss available resources for resolving ethical issues, including consultation with theState Bar of Wisconsin Ethics Hotline, private ethics counsel, and in-house ethics counselor committees.
• Discuss the importance of cultural competence to effectively represent diverse clients andwork in a diverse legal community.
• Discuss the lawyer’s oath and the practical application of the obligation to protect the lawsof the State of Wisconsin and the United States.
• Discuss the core lawyering values of confidentiality and loyalty with reference to the
CORE CURRICULUM ACTIVITIES
Mentor and mentee should choose five (5) activities from the Core Curriculum Areas below and add them to the Mentoring Plan.
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Wisconsin Rules of Professional Conduct.
• Discuss how a mentee should handle a situation in which he or she believes that anotherlawyers has violated ethical duties, including the duty to report certain kinds of misconduct.Discuss what to do if the mentee believes he or she has been instructed to engage inprohibited conduct.
• Discuss the Minimum Continuing Legal Education requirements and ways to fulfill therequirements, including State Bar of Wisconsin resources.
CORE CURRICULUM AREA THREE: INTRODUCTION TO LAW OFFICE MANAGEMENT
Suggested Activities: • Review and discuss malpractice insurance coverage including disclosure requirements.
• Frequent ethical issues (i.e., neglect of a legal matter, failure to communicate with theclient, trust account rules and best practices for handling client funds)
• Discuss calendar/reminder systems, document retention plans, filing systems, timekeeping, and/or billing systems.
• If from the same firm, discuss the mentee’s role in the billing system. If not from samefirm, review and discuss good billing practices, or arrange for mentee to meet withsomeone knowledgeable about best practices.
• Discuss the roles and responsibilities of paralegals, secretaries, and other office personneland how to build good working relationships.
• Discuss software and other resources that may be helpful to the mentee in his or her work.
CORE CURRICULUM AREA FOUR: WORKING WITH CLIENTS
Suggested Activities: • Review how to screen, recognize, and avoid conflicts of interest.
• Discuss how to maintain ongoing client relations (i.e. returning telephone calls, keepingclients informed, establishing communication expectations).
• Discuss the importance of knowing whom you represent, particularly when representingcorporations, government agencies or other organizations.
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• Discuss client interaction, including tips for gathering information about a legal matterand appraising the credibility and trust of a potential client.
• Discuss best practices and strategies when conducting a client interview or clientcounseling session.
• Discuss how to decide whether to accept a proffered representation.
• Discuss how to talk about and set the fee for legal services. Review retainers and feeagreements and discuss the importance of written engagement agreements.
CORE CURRICULUM AREA FIVE: CAREER SATISFACTION
Suggested Activities: • Discuss how to handle challenging relationships in and outside the office, and how to
develop a support system of colleagues and others with whom the mentee can discussproblems as they arise.
• Discuss the warning signs of substance abuse and depression and how to address thoseproblems when they are manifested in the mentee or others. Review and discuss the supportand counseling available to the mentee and their family, including the State Bar ofWisconsin Lawyer Assistance Program (WisLAP).
• Discuss the importance of having a business plan for developing a practice and meetingboth short- and long-term career objectives.
• Discuss the importance of making time for family, friends, and other personal interests.
Please note: The activities included in each area are merely suggestions. The mentor and mentee are free to identify any five (5) practice area activities that support the goals of the mentee. They are also free to include activities from several practice areas, for a minimum total of five activities.
The program welcomes suggestions to include in this section of the manual.
PRACTICE AREA ACTIVITIES
Mentor and mentee should choose five (5) activities from the Practice Area Activities below and add them into the Mentoring Plan.
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ADMINISTRATIVE LAW
• Introduce mentee to administrative law judges.• Attend several types of administrative law contested case hearings which are open to the
public.• Review and discuss selected Wisconsin administrative law appellate case law.
ALTERNATIVE DISPUTE RESOLUTION
• Review and discuss Wisconsin statutes on mediation.• Discuss the differences between arbitration and mediation and the considerations for using
each method of dispute resolution.• Discuss strategies and best practices when preparing for a mediation or arbitration.• Discuss how to prepare a client for mediation or arbitration.
APPELLATE PRACTICE
• Review and discuss the Wisconsin and Federal Rules of Appellate Procedure, as applicable.• Attend and observe an appellate argument in the Wisconsin Supreme Court, the
Wisconsin Court of Appeals, or the 7th Circuit Court of Appeals.• Attend a CLE on a component of appellate practice (e.g., brief writing, oral argument).• Read and discuss an article or book on oral advocacy or brief writing.
BUSINESS LAW
• Discuss the various forms of business entities (corporations, LLCs, partnerships, LLPs,etc.) and the considerations for choosing each one.
• Discuss key considerations in choosing Wisconsin, Delaware, or other jurisdiction forincorporation or organization of new entities.
• Review basic documents involved in the formation of a business entity such as Articles ofIncorporation, Articles of Organization, Bylaws, Operating Agreements, PartnershipAgreements, corporate minutes and resolutions.
• Discuss basic blue sky and other securities issues associated with formation of entities.• Review examples of Form D and related blue sky notices.• Discuss or review one or more of the following documents commonly developed in a
business practice: shareholders’ agreement; buy-sell agreement; stock purchase agreement;asset purchase agreement; noncompetition agreement; security/collateral agreement; orpromissory note.
• Discuss the due diligence process for mergers and acquisitions.
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CIVIL LITIGATION
• Review and discuss the local rules of the Federal District Courts in Wisconsin.• Review and discuss the Supplemental Local rules for your county's Circuit Court focusing
on issues that frequently arise.• Discuss what happens in a “conference” before filing a motion (why is it required, what
constitutes conferral, provision of authorities for one's position, necessity for dispositivemotions)
• Discuss the pros and cons of a motion to dismiss in federal court or state court.• Discuss how to conduct a Rule 16 scheduling conference in a Federal District Court in
Wisconsin.• Discuss how to take a proper statement from a witness for use at trial.• Discuss common issues of professionalism in a litigation practice including scheduling
courtesies, who will produce documents or be deposed first, where depositions occur,personal attacks in briefs or hearings, proper usage of email and fax communications,appropriate courtroom conduct by counsel and client, preparation of a client or witnessesfor the courtroom.
• Discuss various discovery tools: Request for Production of Documents, a Request forAdmissions, or, if in Federal Court, a set of Interrogatories (how are they used, whatdeadlines apply, rules that apply).
• Discuss the proper preparation of a witness for a deposition and the proper conduct of anattorney taking and defending a deposition.
• Discuss preparing motions and memoranda in support of summary judgment in state orfederal court.
• Discuss final trial preparations including preparing pretrial order and making pretrialdisclosures of witnesses and exhibits.
• Attend/observe a final pretrial conference in state or Federal Court.• Attend/observe an evidentiary hearing in a state or Federal Court.• Attend/observe a trial (or parts of one) in state or Federal Court.• Discuss the mechanics of trial, including where to be when questioning a witness or
addressing the court, proper attire, when to stand, courtroom decorum, addressing opposingcounsel, judge’s bench books, etc.
CONSTITUTIONAL LAW
• Review and discuss the most common federal Constitutional claims used by attorneys inWisconsin. This could include one or more of the following:
o Rights of communication and expression,o Anti-establishment and religious freedom,o Equal protection and due process,o Privacy,o Search and seizure,o Habeas Corpus, and
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o Supremacy.• Review and discuss how the Wisconsin Supreme Court interprets and applies the State
Constitution and the claims that are used more frequently by practicing attorneys inWisconsin. This could include one or more of the following:
o First-things-first doctrine and primacy of state constitutional issues,o Independent state constitutional rights,o Interpreting state constitutional provisions,o Expanded rights in criminal proceedings,o Expanded rights of expression, ando Impairment of contract, open court and remedies, privileges and immunities, or the
religion clauses.• Review and discuss advantages and disadvantages of raising federal constitutional claims
in state or Federal Court.• Review and discuss some of the common issues that arise in claims filed pursuant to
Section 1983 of the Civil Rights Act Review and discuss some of the issues related howand where constitutional claims can be raised and what record will be necessary(challenging referendums or initiatives, administrative actions, state statutes, actions byjudge during trial, constitutional claims in administrative proceedings, appeals, removal toFederal Court, referral from Federal Court to State Supreme Court).
CRIMINAL LITIGATION
• Discuss process and strategies of a client interview or meeting with a key witness.• Discuss factors considered by prosecutors in making charging decision.• Observe charge negotiations between defense counsel and the prosecutor counsel.• Discuss defense discovery obligations.• Discuss how to find and engage a private investigator.• Review information or indictment for constitutional and/or pleading defects.• Review and discuss pretrial diversion options.• Review and discuss plea in abeyance statute.• Discuss alternatives to prosecution in state cases such as specialty courts, diversion, and
civil compromise.• Review and discuss criteria in federal cases for a one- or two-level reduction of offense in
a particular case and study applicable statute.• Discuss elements of greater/lesser offenses and range of mandatory/discretionary
sentences.• Observe trial.• Observe an entry of plea in state or Federal Court.
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DEBTOR-CREDITOR/CONSUMER LAW
• Review and discuss a motion for provisional process.• Review and discuss documents for the appointment of a receiver or an assignment for the
benefit of creditors.• Review and discuss statutory and possessory liens and their enforcement.• Review and discuss how to file and enforce a foreign judgment.• Review and discuss appropriate documents for garnishment or execution on a judgment.• Discuss fraudulent conveyances and how to challenge or set aside a transfer.• Review and discuss state and federal consumer protection laws including the UTPA, the
Fair Debt Collection Act, the Fair Credit Act, TILA, and vehicle “lemon laws” and theclaims and defenses they offer.
• Review and discuss a standard retail installment contract.• Review and discuss the family expense doctrine.• Observe or participate in a hearing on a consumer law issue.
ENVIRONMENTAL LAW
• Discuss or write a legal memorandum analyzing a significant question under one or moreof the following statutory areas: RCRA Hazardous Waste (State and Federal), Solid WasteManagement, Storage Tanks, Clean Air Act, Clean Water Act, NEPA/SEPA, EndangeredSpecies Act, Asbestos Management.
• Discuss the obligations under applicable Right-to-Know statutes.• Discuss obligations to report the discovery of preexisting contamination.• Discuss environmental permits under both state and federal laws.• Discuss or prepare a checklist for a multimedia compliance audit for an industrial facility.• Discuss a rulemaking process.• Discuss or write a legal memorandum analyzing Superfund liability.• Discuss or review agency penalty policy.
ESTATE PLANNING
• Discuss basic estate planning documents.• Discuss best practices for gathering and organizing client information• Discuss probate pleadings, notices to creditors and arrangements for arrange publication.
FAMILY LAW
• Review and discuss the Rules of Civil Procedure, Uniform Trial Court Rules, andapplicable Supplemental Local Rules specific to family law.
• Review an example petition for dissolution.• Discuss preparation and process of a custody evaluation settlement conference.• Observe a family law trial (if open).
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• Discuss premarital agreements including statutory requirements, case law, and necessaryterms of premarital agreements.
IMMIGRATION LAW AND THE REPRESENTATION OF FOREIGN NATIONALS IN WISCONSIN
• Discuss the substantive law and procedures related to admission and exclusion.• Discuss the substantive law and procedures related to removal, including relief from
removal (voluntary departure, prosecutorial discretion, regularization of status, extremehardship).
• Discuss the availability of judicial review and habeas corpus on matters related toadmission, exclusion and removal.
• Discuss the most common grounds for seeking admission, delaying removal or changingimmigration status to avoid removal. (Could include one or more of the following: creatinga business, employment, family, victim of domestic violence or human trafficking, refugee,political asylum).
• Discuss common legal issues related to advising and representing foreign nationals inWisconsin. This could include one or more of the following:
o Future impact of a guilty, no contest plea, or criminal conviction on admissibilityand removal under immigration law,
o Effect of immigration status on right to work, buy land, create a business, serve ona board of directors, and similar matters,
o Requirements that employers check immigration status at time of hiring and inresponse to Social Security mismatch letter, I-9 audit, or other notice to employerfrom the federal government,
o Effect of immigration status on rights of employees under labor protections statutes.o Effect of immigration status on eligibility for various government benefits and the
potential impact of seeking benefits on immigration status, oro Getting a driver’s license and insurance under the REAL ID act.
INTELLECTUAL PROPERTY AND PATENT LAW
• Discuss patent search/evaluation.• Discuss the process of drafting and filing a patent application.• Discuss the process of filing an Information Disclosure Statement (IDS).• Discuss or review an appeal brief.• Discuss and review techniques for successful patent prosecution.• Observe a client interview.• Discuss an example trademark application.
JUVENILE LAW
• Discuss the standards used by DHS for removal in ICWA and non-ICWA cases and
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reasonable efforts to avoid removal, achieve permanency. • Discuss placement options for children including involvement of relatives and visitation
arrangements.• Discuss the role of the court, DHS, the CASA, and the district attorney or department of
justice lawyer (and the tribe in ICWA cases).• Discuss the process of a jurisdictional hearing and how best to prepare a parent to testify.• Discuss the grounds for initial and continuing juvenile court jurisdiction and the
relationship with “reasonable” or “active” efforts by the state to reunite the family.• Discuss the role of counsel for a child who is capable of considered judgment; discuss best
interests representation of a child not capable of considered judgment.• Discuss Special Immigrant Juvenile Status for non-citizen child clients.• Discuss formal and informal treatment of juvenile offenders and scope of court’s
discretion.• Discuss capacity of juveniles to waive constitutional rights.• Discuss the role of counsel in delinquency cases and the need to follow client directives as
in criminal cases.• Discuss pre-petition issues for juveniles, detention, and waiver to criminal court.• Discuss direct and collateral consequences of juvenile adjudications.
LABOR AND EMPLOYMENT
• Review and discuss a separation or settlement agreement.• Discuss consultation with management on HR issues.• Discuss or observe an unemployment benefits appeal hearing.• Discuss or observe an employment law issue, such as a claim under Title VII, the Family
Medical Leave Act, the Americans with Disabilities Act, or other substantive federal lawor its state counterpart.
• Discuss or observe one or more of the following: basic defined contribution plans,including 401(k) plans; basic cafeteria plans; basic umbrella welfare plans; routineamendments to plans; determination letter requests; summary plan descriptions; summaryof material modifications and summary of annual reports; distribution forms.
LEGISLATIVE AND ADMINISTRATIVE LOBBYING
• Discuss and review the roles that an attorney could play in advising or advocating inlegislative or administrative lobbying for a client.
• Discuss the state and federal laws that require lobbyist to register, the definitions oflobbying, the restrictions on making gifts, and the requirements related to reporting timeand certain expenditures.
• Discuss and review the characteristics of effective legislative lobbying, including how tomake connections with legislators and legislative staff, build credibility and trust, testify,participate in work groups, join coalitions and similar matters.
• Attend and, if possible, participate in a legislative hearing.
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• Discuss and review how to build relationships with agency representatives and the formaland informal ways to influence the agency in its decision-making.
NATURAL RESOURCES/LAND USE
• Discuss or research a significant question under one or more of the following statutoryareas: National Environmental Policy Act/SEPA/CEQA, Endangered Species Act/MarineMammal Protection Act/Magnunson Stevens Fishery Conservation and Management Act,Clean Water Act/Rivers and Harbors Act, Coastal Zone Management Act, FederalInsecticide Fungicide, and Rodenticide Act, Federal Land Policy and ManagementsAct/Multiple-Use Sustained-Yield Act/National Forest Management Act, reclamationLaws/Reclamation Reform Act, state and local land use laws, water rights laws, andwetlands laws, substantive mining and oil and gas laws.
• Discuss environmental, natural resources, and local land use permits needed for a projectunder federal, state, and local laws.
• Discuss Phase I and Phase II environmental site assessments.• Discuss the process of due diligence investigations, such as compliance with applicable
local land use requirements or existence of water rights.• Discuss a property transfer assessment.
NEGOTIATION
• Discuss how to prepare for the negotiation of a legal matter.• Discuss when and how negotiation should be initiated.• Discuss when and how to involve the client in negotiation.• Discuss ethical and professional obligations of negotiators.• Discuss skills needed to be an effective negotiator and how to acquire them.
REAL ESTATE LAW
• Discuss the steps involved in negotiating and completing a commercial real estatetransaction.
• Discuss common real estate documents such as real estate purchase agreements, deeds oftrust, mortgages, commercial leases, residential leases, Notice of Default.
• Discuss the basic provisions of state and federal law affecting real estate and theenforcement of legal rights associated with real estate.
• Discuss the taxation of real estate.• Discuss title concepts and issues including marketability of title, priority of interests, forms
of ownership, forms of conveyances, recording requirements, statutory and nonstatutoryliens and other similar concepts.
• Discuss title insurance policy forms, available endorsements and customary insurance andendorsement practices in different transactions.
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• Discuss distinctions between real and personal property and the methods of transfers ofand creation of liens on different asset types.
• Discuss easements, reservations, covenants and the enforcement of such rights, commoninterest ownership options and the applicability of real estate doctrines such as partition.
• Discuss survey concepts and issues including metes and bounds legal descriptions, accessand title issues presented by surveys.
SECURITIES REGULATIONS ISSUANCES
• Understand basic premise of registration or qualifying for an exemption from registration(both at a federal and state level).
• Become generally familiar with definitions of “security,” “offers,” “sales”.• Learn basics of common exemptions for securities issuances under the Securities Act of
1933.• Discuss process of registering securities transaction or company with the SEC.• Become generally familiar with qualification and exemption under Blue Sky laws.
SEC
• Understand general structure of Division of Corporation Finance and the basic SEC reviewprocess.
• Become generally familiar with SEC website and EDGAR filings, including access toforms, interpretations and company filings.
• Understand which forms are typically used for what purposes (S-1, S-3, S-4, S-8, 10-K,10-Q, 8-K, proxy materials, Schedule 13D and 13G, Form 144)
• Review Regulation S-K (heart of SEC disclosure) and incorporation by reference intoforms.
• Generally understand scope of coverage of Regulation S-X.• Review Regulations FD and G.• Become generally familiar with concept of “materiality”.
TAX LAW
• Discuss the principal tax considerations associated with various forms of entities(corporations, LLCs, partnerships, limited partnerships, etc.).
• Discuss the general tax considerations associated with taxable and tax-free acquisitionsand divestitures, equity compensation, like-kind exchanges and the procedures associatedwith federal and state tax controversies.
• Discuss the tax forms and publications applicable to the basic types of entities.• Analyze and discuss one or more complex tax matters.
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FREQUENTLY ASKED QUESTIONS
1. Is the Ready.Set.Practice. Mentoring Program Mandatory?
No. While all newly admitted members of the State Bar of Wisconsin are encouraged to take advantage of mentoring and the opportunities presented by a formal mentoring program, participation is not mandatory.
2. Who are the mentors?
Mentors are Wisconsin Bar members in good standing who have at least five years of experience in the practice of law, who have not been disciplined, who have a reputation for competence and conducting themselves ethically/professionally, and who carry professional liability insurance.
3. How are mentors selected?
Potential mentors may be nominated by other mentors, volunteer, or be specifically recruited by a mentee. Mentors who fill out an application, found at www.wisbar.org/mentoringprogram, and agree to the terms and qualifications of the program, will be available to be matched with a mentee.
4. Do mentors get any special training?
Yes. A webinar training is available for mentors to view at their leisure at http://www.wisbar.org/formembers/membershipandbenefits/Pages/Ready-Set-Practice-Training-Video.aspx. Additionally, mentors and mentees should refer to this manual for support or contact the State Bar of Wisconsin Ready.Set.Practice. Coordinator, Michelle Sherbinow at [email protected] with any questions.
5. How do I find a mentor?
If a new lawyer has a mentor in mind, he or she should designate the mentor on his or her application. If a new lawyer does not have a mentor in mind, the new lawyer fills out the mentee application and will be matched with a mentor.
6. Does my mentor have to be a lawyer in my firm?
No. Generally, lawyers employed in law firms, corporate legal departments, and government offices may be matched with a mentor in the same firm or office; however, new lawyers may also request an “outside” mentor. This decision rests with the new lawyer. Some may choose the expediency of working within the law firm while others may find value in having outside mentoring, as a supplement to the value of their firm relationships.
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7. Can I choose my own mentor?
Yes. Finding a mentor with whom you can establish rapport will only enhance the value of theprogram. New lawyers are encouraged to seek out bar members that might make a suitablementor. Mentors that meet the specified criteria should fill out an application to enroll in theprogram.
8. What if a mentor I’ve asked is already mentoring, but is also willing to work with me?
Mentors are welcome to work with more than one mentee. There may even be some benefit tothis group practice. In an effort to keep the quality of the mentoring relationship high, it isrecommended that the mentor work with no more than two mentees at a time.
9. What is the Mentoring Plan?
The Mentoring Plan is filled out by the mentor and mentee during their initial meeting. It setsout the activities the mentee will work on with the mentor during the mentoring year. Thishandbook contains many examples of activities for the Mentoring Plan, which must includefive core curriculum activities and five practice area activities.
If a mentee wishes to focus on a substantive area not covered in the manual, the mentee andthe mentor may identify basic skill activities related to that substantive area.
10. How much time will the Mentoring Plan require?
The Mentoring Plan is designed to be completed in approximately twelve months if the menteeand mentor meet regularly.
11. What do I do if I have an issue with my mentor or mentee?
If a mentor or mentee is not making time for regular meetings or is not providing helpfulguidance, you may ask to withdraw from the mentoring relationship. Mentees are encouragedto give the relationship some time to develop and to remember that the mentor may not be ableto satisfy all of the needs for support that the mentee may have. Contact the State Bar ofWisconsin Ready.Set.Practice. Coordinator, Michelle Sherbinow at [email protected] any questions or concerns.
12. Do mentees receive CLE credit for participating in the NLMP?
No. Wisconsin does not allow CLE credit for mentoring.
13. Do mentors receive CLE credit?
No. Wisconsin does not allow CLE credit for mentoring.
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CERTIFICATE OF COMPLETION
By our signatures affixed below,
______________________________________ ______________________ [Mentee’s Full Name] Please print. State Bar Number
And
______________________________________ ______________________ [Mentor’s Full Name] Please print. State Bar Number
hereby certify that the Mentee and Mentor named above have satisfactorily completed all the requirements of the Ready. Set. Practice. Mentoring Plan, a copy of which I submitted herewith.
______________________________________ ______________________ Mentee’s Signature Date
______________________________________ ______________________ Mentor’s Signature Date
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CONTACT US
Our goal is to make this a meaningful experience for both Mentee and Mentor. We are interested in your experience, your feedback and your suggestions. Throughout the course of this program, you will be receiving surveys or personal outreach from State Bar coordinators and committee members for your thoughts.
Should you have any questions as you proceed through the next year in this Mentorship Program, please contact:
Michelle Sherbinow State Bar Staff [email protected] 608-250-6184800-444-9404, ext. 6184
