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1 u Bridge the Gap New Lawyer Handbook

New Mexico Supreme CourtState Bar of New Mexico

Bridge the gap Mentorship prograMnew Lawyer’s handBook

Helping New Lawyers Transition Into the Profession

REV May 2012


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 Your Mentor Types of Mentoring ...................................................................................................................................2 Getting a Mentor.......................................................................................................................................2 Mentor Requirements ................................................................................................................................3 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 Requiring Completion of the Bridge the Gap Mentorship Program ........4

Steps to Completion Responsibilities: Who Does What? .................................................................................................................6 Timeline .........................................................................................................................................................7 List of Forms...................................................................................................................................................7 Checklist .........................................................................................................................................................8

Tips for Being a Great New Lawyer Protégé .......................................................................................................9

New Lawyer Application Form (Deferment/Exemption/Fee Payment) .............................................................10

Bridge the Gap Mentorship Curriculum...........................................................................................................13 Mentorship Agreement .................................................................................................................................14 Individual Mentorship Curriculum Plan .......................................................................................................15 Substantive Law Electives .........................................................................................................................17


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

1 u Bridge the Gap New Lawyer Manual


Program GoalsThe five goals of the Bridge the Gap Mentorship Program (BTG Program) are:

• Totrainyou,thenewlawyer,inprofessionalism,ethics,andcivility during your first years of practice.

• Tocreatewithinyouasenseofprideandintegrityinthelegal profession and involvement in the organized bar.

• To assist you in beginning the process of acquiring thepractical skills and judgment necessary to practice in a highly competent manner.

• ToprovideameansforallNewMexicoattorneystolearnthe importance of collegial relationships and organizational mentoring, including the building of developmental net-worksandlong-term,multipleprofessionalrelationships.

• Toencouragetheuseofbestpracticesandhighestidealsinthe practice of law.

This program came about because the legal profession has been increasingly concerned with:• Thedifficultiesyoufacewhenleavingtheacademicenviron-

ment 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,thepracticeoflaw,andthebalancingactalifeinthelawrequires.

• Thegreatnumberofminoritiesleavingtheprofession.The requirement of a formal mentoring program provides tools early in your career to help you 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.

• You’lllearncivility,professionalism,practicalskillsandwork/life balance from an experienced colleague who has “been there.”

• Asanewlawyer,youreceive12hoursofCLEcredit(includingtwo legal ethics/professionalism credits) for the compliance year that you complete the mentoring program.

• You’ll make connections and new friends. • You will boost your morale and career satisfaction.• You’ll have fun.

You and yourmentor should try tomeet frequently, fosteringyour relationship and learning from each other as the mentoring plan is implemented.

Program OrientationTohelpyoufigurethingsout,theSateBarwillholdamentor/newlawyer orientation that can be taken in person or via video. You must attend or watch the training before you begin the program.

BTG Has Flexibility to Meet Your NeedsYour MentorTypes of Mentoring• Outside mentoring: The mentor is outside your organization

(lawfirmorgovernmentoffice).• Inside mentoring: The approved mentor is within your

organization.Inthistypeofmentoring,thementorcannotbe your direct supervisor.

• Circle or group mentoring (where appropriate and approved): Circle mentoring involves group discussions among new lawyers and mentors when deemed advisable or necessary by the BTG program manager.

Getting Mentor1. Youresearchtheavailablementorsonourwebsite,selectone,

and inform the program manager (first come-first served).2. You let us pair you with a mentor we think will be appropriate

for you.3. You ask a lawyer you already know to be your mentor and

have him or her submit a completed Mentor Application. The mentor must meet mentor requirements.

4. Your firm or agency would like to pair you with someone in-house. The mentor must submit a completed Mentor Application and be approved.

5. Ifyouliveinaruralarea,youcanworkwithamentoringgroup composed of two mentors and several new lawyers. Contact the BTG program manager for details and approval.

In This Section: ✓ Program Goals ✓ Benefits to You ✓ Program Orientation ✓ Your Mentor � Types of Mentoring � Getting a Mentor � Mentor Requirements

✓ Rules and Requirements ✓ Required Paperwork ✓ Confideniality and Conflicts ✓ Who is not required to participate in Bridge the Gap? ✓ The rules which require the program

inTroduCTion

“I was assigned an amazing mentor who introduced me to the local legal community, opened doors for me and helped me to have the confidence to open my solo practice.”

—Program Participant

“It helps enormously to have a trusted colleague to use as a sounding board when you’re venturing into uncharted waters.”



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 a Mentor Application to be approved by the

Supreme Court and the Commission on Professionalism.

The BTG program manager submits all mentor applications to the New Mexico Supreme Court’s Commission on Professional-ism for consideration and approval by the New Mexico Supreme Court. Once approved,thementorwillbeaddedtothe“MentorList,”whichisavailabletonew lawyers on the State Bar’s website. If thementor’sapplicationisnotapproved,the mentor may appeal in writing to the BTG program manager for final review by the Supreme Court.

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,youmust 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 your first full compliance year after being admitted to practice and the mentor’s CLE compliance requirement for one year. For example,youstartworkingwithyourmentorinSeptemberof Year 1. You have no CLE requirements for Year 1. After 12 months,inSeptemberofYear2,youandyourmentorhavecompleted the mentoring plan. You and your mentor both will receive CLE credit for your Year 2 requirement. Once the BTGProgramiscompleted,theannual12-creditcompliancerequirement for CLE remains the same for both you and your mentor.Uponsatisfactorycompletionoftheprogram,youand your mentor will be awarded 12 CLE credits for the year in which you complete the program.

• 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 mentor for no less than 12 months. The BTG program manager has discretion to withhold CLE credits from you and your mentor if you fail to meet for a 12-month pe-riod. The start of your 12-month term depends upon:

� approval of the Individual Mentorship Curriculum Plan;

� when you are admitted to the State Bar;

� when you are assigned to a mentor; and

� when you contact your mentor.

• Curriculum: You and your mentor will develop an individual curriculum following the BTG Program curriculum guide-lines. Certain activities are mandatory; many more are elec-tive. Your Individual Mentorship Curriculum Plan (see page 15) and the Mentorship Agreement (see page 14) must be submitted by you to the BTG program manager for approval.

•Program Completion: At the conclusion of the mentoring term,yourmentorwillcertifyinwritingtotheStateBarofNew Mexico that you have completed the BTG Program. Absentsuchcertification,youmustcontacttheBTGprogrammanager to discuss a plan to complete the program and to

determine whether your license renewal is in jeopardy. Based on unforeseen and extraordinary circumstances, youmayseek a waiver of program requirements for review by the Commission on Professionalism.Ifapproved, itwillbesubmitted to the Supreme Court for final consideration.

•Working Together: � Uponrequest,youmaymigratetoadifferentmentor.

No questions will be asked of you on the first request forachangeofmentor.Ifyoumakeasecondrequest,questions,investigationandreplacementarewithinthediscretion of the BTG program manager.

� If your mentor isn’t familiar with an area that you would liketolearnabout,youcangetassistancefromtheBTGprogram manager or your mentor can assist you in finding another Court-approved mentor who possesses the experience to help you. If your mentor is unable to workwithyou, informtheBTGprogrammanagerassoon as possible.

Required Paperwork•Bridge the Gap New Lawyer Application•Mentorship Agreement and Individual Mentorship Cur-

riculum Plan (to be completed jointly and submitted by the new lawyer)

• Pre-,interimandpost-surveysabouttheeffectivenessoftheBTG Program.

• $300 payment ($150 by March 1 and $150 by December 31 of the completed mentoring year) or submit the Fee Deferment/Assistance/Waiver portion of the New Lawyer Application.Ifyoucannotaffordthe$300fee,contacttheBTG program manager to see if you qualify for a scholarship.

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 16-101

NMRA, thementormay provide orthe new lawyer may seek short-term limitedguidanceorcounsel,withinanoutsidementoring relationship,with-out expectation by either lawyer or 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.

“My mentor was courteous, accommodating, knowledgeable and enjoyable.”


“I was able to meet an expert in my field of practice, learn about his methods, and have an additional resource to turn to.”



Wherepractical,thenewlawyerandthementorshalldiscussnewlawyer client specific issues in hypothetical terms within an outside mentoring relationship. Regardless of whether issues are discussed in hypothetical terms, the outsidementor shall run a conflictcheck 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-clientrelationshipwiththenewlawyer’sclient,theoutsidementoris presumed 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.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,whetherwithinorwithoutthecontextof 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.

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 BTG. Instead,theseattorneysmustcomplywiththeapplicableNew Mexico minimum continuing legal education require-ments 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.

•Attorneyswhowereadmittedtopractice inNewMexicoafter 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 lawyers with active New Mexico licenses who are either unemployed or not engaged in the practice of law or practic-ing with a limited license may petition the BTG program manager for a deferral or exemption from compliance 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 Profes-sionalism for review. The Commission’s decision is final.

New Mexico Supreme Court Rules Requiring Com-pletion 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: Transitioning into the Profession” (Bridge the Gap) program administered by the State Bar of New Mexico unless otherwisespecifiedinthisrule.Forpurposesofthisrule,a“newlawyer” means any person admitted to practice law in New Mexicoaftertheeffectivedateofthisrule.

(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 De-cember 31 of the first full calendar year following the date thatthenewlawyerisadmittedtothebar,whichincludesbut is not limited to filing with the state bar a Bridge the Gap Completion Certification 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 training materials for new mentors in accordance with the Bridge the Gap program guidelines. The Supreme Court shall issue orders of appointment for all lawyers appointed asmentors,whoarethenauthorized,butnotrequired,toserve indefinitely as 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 partici-pation in a mentorship program with a new lawyer.

C. Administration. The State Bar of New Mexico shall be responsible for administering theBridge theGap program,which shallinclude the 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.

“I had the opportunity to work with an experienced criminal defense attorney. Where else can you get that as a new lawyer?”



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 clerk-ship.

(2) A new lawyer who is not engaged in the practice of law or who is unemployed may petition the State Bar for tempo-rarydeferraloftherequirementsinthisrule,whichmaybegranted upon a 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 pro-gram 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 com-pleting 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 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 law-yer has failed or refused to comply with the provisions ofthisrule,theclerkoftheSupreme Court shall issue a citation to the new lawyer requiring the new lawyer to show cause before the Court,withinfifteen (15)days after serviceof such citation,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. The new lawyer’s compliance with the provisions of this rule on or beforethereturndayofsuchcitationsshallbedeemedsufficientshowing of cause and 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 programmanualandothertrainingmaterials,tobeapprovedbytheSupremeCourt,necessaryfortheimplementationandoperation of the program.

I. Conflicts and confidentiality in outside mentoring.(1) An outside mentoring relationship 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 andthenewlawyer.WhenallowedbyRule16-101NMRA,the mentoring lawyer may provide or the new lawyer may

seek short-term limited guidance or counsel, within an outsidementoringrelationship,withoutexpectation by either lawyer or the new lawyer’s clients that a lawyer-client relationship 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 ofwhether issues are discussed in hypothetical terms, theoutside mentoring lawyer shall 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 mentoring lawyer is presumed not to have a lawyer-client relationshipwith thenew lawyer’s client, theoutside mentoring lawyer is presumed 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, counsel or guidance on an on-going or regular

basis relating to the needs of or litigation regarding a specific cli-ent,whetherwithinorwithoutthe context of 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 the new lawyer’s client and the mentoring lawyer,thenthenewlawyerandthementoringlawyermustcomply with the relevant New Mexico Rules of Professional Conduct. [Adopted by Supreme Court Order No. 11-8300-024,effectiveforalllawyersadmittedtopracticelawinNewMexicoafterApril6,2011.]

“My mentor and I often discussed how to advance an argument or case without maligning opposing counsel or being offensive to the court.”


“My mentor was excellent and helped me to know what is ‘good’ practice rather than just acceptable practice.”



sTeps To CoMpleTion

responsibiliTies: Who does WhaT?New Lawyer

• Receives“passletter”fromtheBoardofBarExaminersand is sworn in

• EnrollsintheBTGProgramusingtheNewLawyerApplication form

• Selectsamentororrequests help finding amentor• 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 CurriculumPlan and Mentorship Agreement

• CompletesallmandatoryandselectedactivitiesintheIndividual Mentorship Curriculum Plan

• Submits New Lawyer Completion of Program Survey• ExitstheBTGProgramandissubjecttotheNew

Mexico Board of Minimum Continuing LegalEducation rules and regulations governing remainingCLE requirements

• UnderstandsthatfailuretoparticipateandcompletetheBTG Program can result in suspension

Mentor• CompletesandsubmitstheMentorApplicationForm

(if not yet appointed by the Supreme Court)• UnderstandsthatmentorapprovalbytheNewMexico

Supreme Court is indefinite• Contacts the BTG program manager if the program

cannot be completed in 12 months

• Completes Mentor Completion of Program Survey• CompletesandsubmitstheCertificateofSatisfactory

(Submission of the form certifies that the new lawyerhas or has not met plan and program requirements. Thementor has sole responsibility to certify whether or notthe new lawyer satisfactorily completes the program.)

Mentor and New Lawyer• Complete onlineBTGOrientationProgram• JointlydeveloptheIndividualMentorshipCurriculum

Plan• Work together to ensure program topics are covered• Monitorprogress(Bothmentorandthenewlawyerhave

joint responsibilities to monitor due dates and programrequirements 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 reportsnon-completion and requests administrative suspension

State Bar of New Mexico• ProvidesprogrammaterialsandformsontheStateBar’s

website• Updatesprogrammaterials• Analyzesevaluationdata• Promotesprogramandrecruitsmentors• SubmitsannualreporttotheNewMexicoSupreme

Court

New Lawyer’s Employer• Withnewlawyer’sinput,designatesmentorforinside

mentoring• 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

Communication with the BTG Office via email is preferred whenever possible.

Required documents may be submitted online or by mail, email, or fax.

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 to be completed

Mentorship term begins Upon approval of the Individual Mentorship Curriculum Plan

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


CheCklisT

Check UponCompletion

NewLawyer Mentor

Apply to become a mentor 4

Enroll in the BTG Program 4

Complete BTG Orientation Program online 4 4

Contact and select 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 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


1. Ask great questions.Your responsibility is to get information that your mentorhas stored in his or her head. Tell your mentor about yourconcerns,careeraspirationsanddoubts.

2. Go the extra mile.Do more than is expected of you. Be the first to initiatecontact.

3. Do your homework.Ifyoucommittodosomething,doit.Noexcuses.Youneedto come to every meeting with material prepared and withquestions and comments.

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. Ask about unwritten practices and rules and the practical applicationof general legal concepts.

5. No question is stupid.You are in this program to ask as many questions as you have. Noquestionisofflimits.EVERYTHINGisunfamiliarrightnow.

6. Let me introduce you.Ask your mentor to introduce you to other lawyers and op-portunities. Find appropriate opportunities to develop skillsand get involved in State Bar activities. Your mentor will not find you a job and is under no obligation to do so. Finding ajob is not a BTG Program goal and you should not pressureyour mentor to find you work.

7. BFFThe relationship between you and your mentor is a teachingrelationship.Alifelongfriendshipmaygrowoutofit,butitis not a goal of the program. There is no guarantee that youandyourmentoraregoingtohititoff.Ifyouareworkingwithsomeoneyou’venevermetbefore,youmaynothaveperfectchemistry.Asaprofessional,youwillhave todealwith a multitude of personalities in order to maintain a suc-cessfullegalpractice.Pleasemakeeveryefforttolookpastdifferences.

8. Be available. Enough said.

9. Maintain boundariesYou are not your mentor’s client; your mentor’s clients arenot your clients; your clients are not your mentor’s clients;you are not a source of referrals for one another; you are notassociates.

Tips for being a greaT neW laWyer proTégé

10. LOL BTW or Talkin’ ‘bout my generationYouare likelytobe fromadifferentgenerationthanyourmentor. Because there are often misunderstandings whencommunicationoccursbetweenpeopleofdifferentgenera-tions,talkaboutassumptionsandvaluesduringthecourseof your relationship to avoid misunderstanding. Respect yourmentor’sperspective,valuesandmethodsofcommunication.

11. We’re different; we’re all the same.Differencesinethnicity,race,gender,sexualorientationandnationality can sometimes create misunderstandings. In ordertoavoidmisunderstandings,consideryourculturalassump-tions and values and discuss them with your mentor.

12. Inquiring minds want to know.Illness,movingawayorlosingcontactcanallcauseamentor-ingrelationshiptoend.Whenthathappens,itisyourrespon-sibility to contact the BTG program manager so the issuecan be dealt with promptly. If you have invested significanttimeinamentoringrelationshipthatendedprematurely,theCommission may credit you with CLE hours for your time.Please contact the BTG program manager.

13. Why so many surveys?You and your mentor will be asked to participate in separatesurveys of the BTG Program: before the program starts (newlawyer only), at themidpoint of theprogram, and at theconclusion of the program. Why so many surveys? Becausethementorshipprogramisanewinitiative,itisimportanttomeasurewhatimpacttheprogramhas,atleastforthefirstseveral years. The Board of Bar Commissioners and the NewMexico Supreme Court want to ensure that program goalsare being met and exceeded.

14. Stay connected.Nearly all communication to you will be sent via email. It iscritical to promptly notify the BTG program manager if youchange your email address.

15. Make it mutual.Mentoring is a relationship in which both parties learn fromone another. What do you know about that you might teachyour mentor?

16. Don’t wait.Makecontact,returnthecall,andinitiatethecall.Beproac-tive when communicating with your mentor.

17. Respect the mentor’s time.Mentors have volunteered their time to spend with you. Many of them don’t need the CLE credits; they want to help newlawyers like you. Be respectful of your mentor’s time. Showupwhenyousayyouwill,beontime,anddon’toverstayyourwelcome.


Page 1 of 3

1

Bridge the Gap Mentorship Program

New Lawyer Application Form

(Deferment/Exemption/Fee Payment)

Deferment, Exemption, and Fee Payment: see page 2 Fee Waiver/Fee Deferment/Fee Assistance: see page 3

Complete Parts 1 and 2. Note: A lawyer newly admitted to practice law in the state of New Mexico must submit this application form if the newly admitted lawyer has never practiced law or has practiced for fewer than two years in another jurisdiction. You must either enroll in the Bridge the Gap Mentorship Program and be linked with a mentor, or you must seek a temporary deferment or permanent exemption from the Supreme Court rule (see Rule 24-110, NMRA found at the BTG website).

Part I-Personal Information: Completion and submission of this form will stand as your signature.

____________________________________________________________________________________________________ Name (please print) Date

____________________________________________________________________________________________________Business Name (if applicable)

____________________________________________________________________________________________________Business Address

____________________________________________________________________________________________________ City, State, Zip

____________________________________________________________________________________________________ Email Phone

City(ies) or County(ies) I intend to practice law: ______________________________ _____________________________ ____________________________

List Legal Areas of Interest: ______________________________ ______________________________ ____________________________

Date Sworn In: ________________________________

Part II-Select a Program Option: Select to enroll in the Bridge the Gap Mentorship Program now, defer your enrollment, or seek an exemption from the requirements of the program. Note: Mentors must be approved and appointed by the New Mexico Supreme Court and the New Mexico Commission on Professionalism. Mentor applications are available at the BTG website.

Read all 11 program options and select one option.

_____ I am a new attorney working with a mentor in my law office or my organization. I certify that my mentor is NOT my direct supervisor.

__________________________________________________________________________________________ Mentor Name

__________________________________________________________________________________________ Mentor Email

_____ I am a new attorney with an active license working as a solo practitioner or in a small firm. I would like to select the following attorney (from outside my firm) to serve as my mentor.

__________________________________________________________________________________________ Mentor Name

__________________________________________________________________________________________ Mentor Email

_____ I am a new attorney with an active license working in a law office or legal organization and have not yet consulted with my employer about a mentor or have not yet decided on a mentor. I will select a mentor from the pre-approved mentor list and I will submit a “Mentor-New Lawyer Request” form (available at the BTG website). If I cannot nominate a mentor for approval or find a pre-approved mentor from the list, the Bridge the Gap Mentorship Program coordinator will select a mentor for me.

REV 05-12


Page 2 of 3

2

_____ I am a new attorney with an active license working as a solo, in a small firm, or in a larger firm. I would prefer that more than one attorney mentor myself and several other new lawyers at the same time. This type of mentoring requires approval from the BTG Program Administrator.

_____ I am a new attorney with an active license not working in a law office or legal organization or I am currently unemployed in the legal profession. I request that the Bridge the Gap program coordinator appoint my mentor.

Deferment

_____ Clerkship Deferment:

I am employed as a judicial clerk or ____________________________________ until the following dates: ___________________________________________._________. At the completion of my clerkship, I will enroll in the Bridge the Gap Mentorship Program within thirty (30) days.

I request deferment for ___1 or ___2 years (check one). (NOTE: Please calendar this. It is your responsibility to contact BTG when you are ready to begin the program.)

____ Active Military Deferment: I am on active military duty outside of the state of New Mexico.

____ Not Practicing Law or Unemployment Deferment:

I am on active status but currently unemployed or not practicing law and request deferment from enrollment in the Bridge the Gap Mentorship Program for no longer than six months. At the completion of my deferment, I will enroll in the Bridge the Gap Mentorship Program within thirty (30) days. 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.

____ Inactive Status-Temporary Deferment:

I am not currently practicing law in New Mexico and am on inactive status. If I am a New Mexico resident and I elect to change from inactive status to active status, I will then immediately enroll in the Bridge the Gap Mentorship Program within thirty (30) days.

Exemption

____ Non-Resident and Non-Practicing Exemption:

I am not a New Mexico resident or my principle place of law practice is not New Mexico. I will comply with the applicable New Mexico minimum continuing legal education requirements under Rule 18-201 NMRA. See Rule 24-110 (A)(2).

____ Practiced Elsewhere for Two Years or More Exemption:

I was admitted to the state(s) of____________________________________________________ on the following date(s):______________________________________________________. I have been actively engaged in the practice of law for a minimum of two or more years in the last five years prior to my admission to practice law in the State of New Mexico.

____ Limited License Exemption

I am practicing law in New Mexico under a limited license, pursuant to Rule 15-301.1 NMRA or Rule 15-301.2 NMRA.

I understand that if I am granted a deferral, I must enroll in the Bridge the Gap Mentorship Program no later than

thirty (30) days after the expiration of the deferral period and that I must complete the Bridge the Gap Mentorship Program requirements by December 31 of the first full calendar year following the expiration of the deferral period.

Fee Payment

Fees $150 Program Administration Enrollment Fee Due March 1 of your first full mentorship year

$150 Program Administration Completion Fee Due December 1 of your first full mentorship year

Make checks payable to State Bar of New Mexico and mail to:

Bridge the Gap Mentorship Program, State Bar of New Mexico, PO Box 92860, Albuquerque,NM 87199-2860.

To pay by credit card or to receive an invoice, call Kate Mulqueen 505-797-6064.

12 u Bridge the Gap New Lawyer Handbook3

Fee Deferment/Assistance/Waiver

I am interested in applying for (check all that apply):

Fee Deferment Only: Complete this section if you are applying for fee deferment, regardless of whether you are applying

for waiver and/or assistance.

I, ______________________________________________________ (print name), agree to pay the $300 Bridge the Gap Mentorship Program fee per the schedule I select below. If I am unable to make payments for 90 days and do not request another fee deferment with different terms, my name will go before the Commission on Professionalism for action by the Supreme Court of New Mexico, which may affect my license to practice law in New Mexico.

I will pay $___________monthly for _________months to meet the fee obligation for the Bridge the Gap Mentorship Program. This fee will be used for materials, program development and administration.

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.

Fee Assistance or Fee Waiver: By checking this option, I understand that the program manager will attempt to obtain fee

assistance for me. If that fails, I will be considered for fee waiver or fee deferment. (Note: Fee assistance is limited and on a first-come, first-served basis for those who qualify for specific fee assistance programs.)

I understand that if I am offered fee assistance, I may be asked to comply with specified criteria requested by the entity

funding the assistance.

I understand that the program manager may contact me to evaluate whether I fit the criteria for specific fee assistance

programs.

Personal Statement

Attach a brief statement indicating why you are in need of financial assistance, deferment or waiver.

Completion and submission of this form will stand for your signature.

Click “submit,” or mail, email, or fax the completed form to:

Bridge the Gap Mentorship Program Elizabeth Aikin, Program Coordinator

5121 Masthead NE, Albuquerque, NM 8109 via email: [email protected]

via fax: 505-797-6074

For Administrative Use Only

Verifications Date/Staff Member Type of verification/Notes

Is the New LawyerAapplication complete?

Has Mentor been vetted?

MATCH APPROVED: YES NO

Date entered in matching spreadsheet:

Date Imis_rel file created:

Administrative use only:

ID

ID

Page 3 of 3


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 tomeet 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 theIndividual Mentorship Curriculum Plan to the first meetingwith the mentor.

2. To complete the BTG Mentorship Program successfully, allmandatory and elected activities must be completed by theend of the mentorship term.

3. Once the individual choices are made, both the new lawyer and the mentor must sign the Individual Mentorship CurriculumPlan and the Mentorship Plan Agreement. The new lawyershould send both documents to the BTG program coordinator for approval on or before Dec 1 of the new lawyer’s admissionyear. Keep a copy of the Individual Mentorship CurriculumPlan and the Mentorship Agreement for both the mentor andthe 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 toface 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 uponthem.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 lawyerseek professional or legal advice from the mentor about specific legal matters or clients. Instead, all discussion about substantivelegal 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

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ryDiscusstheunwrittencustomaryrulesofcivilityandetiquetteam

onglawyersandjudgesinthe

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ee Re

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Man

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ryAcquaintthenewlaw

yerwithlegalaidagenciesinthestate,localprobonoagencies,otheropportuni-

tiesforlawyerstoengageinprobonoorlowbonoactivities,andopportunitiesforlawyerstoengagein

civicandcharitablework.Discusshowandw

hyalaw

yerfindstime,despiteabusypractice,toengage

involunteeractivitiesandservicetothe professionandthecom

munity. S

ee Re

sour

ce 6

Man

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ryExplainanddiscussCLErequirementsandw

aystofulfi

llsuchrequirements.Se

e Res

ource

11

Elec

tives

: Che

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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

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10

Seco

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Inadditiontothethreemandatoryactivities,choosetwoelectivesfrom

thissection

foratotaloffiveactivities.

Activ

ity

Man

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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

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: Che

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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

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ame

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ew L

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____

____

____

____

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____

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Inadditiontothesixmandatoryactivities,choosetwoelectivesfrom

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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

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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

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Inadditiontothetwomandatoryactivities,choosesixelectivesfromthissectionORfromthe

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ities

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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

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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


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pro

bono

cas

e. C

onta

ct th

e BT

G p

rogr

am c

oord

inat

or fo

r mor

e in

form

atio

n.

Und

ereacharea,youareencouragedtoadjusttheactivitiesto

yourp

articularpracticesettingand

individu

alneeds.

The

men

tor,

or a

noth

er e

xper

ienc

ed la

wye

r app

rove

d by

the

men

tor,

shou

ld m

onito

r and

faci

litat

e th

e pr

ogre

ss o

f the

new

law

yer i

n fu

lfilli

ng p

ract

ice

expe

rienc

es b

y di

scus

sing

the

cont

ext a

nd a

sses

sing

the

activ

ity se

lect

ed.

Chec

kSe

lect

ions

Subs

tant

ive La

w El

ectiv

es

Sect

ion

C: A

ltern

ative

Disp

ute R

esol

utio

n (A

DR)

ReviewanddiscussNewMexico’sstatutesonm

ediationincludingtherequirementtoscreenfora

mediator’spotentialconflictofinterest.

Observe,participatein,orprepareforanactualorsimulatedm

ediation.

Observe,participatein,orprepareforanarbitrationandreviewanddiscussrules.

Discusshowtoprepareaclientformediationorarbitration.

Chec

kSe

lect

ions

Subs

tant

ive L

aw El

ectiv

es

Sect

ion

A: Li

tigat

ion

and T

rans

actio

n Ha

ndlin

gParticipateinadepositionofawitnessoradversepartyinacivilaction.

Participateinacivilorcriminalcasetrialineitherastateorfederalcourt.

Participateinanevidentiaryhearinginastateorfederalcourt.

Observeorparticipateinamediationorarbitration.

Observeorparticipateinanegotiationandexplainrelevantbackgroundcontext.

Participateinaclientinterview.

Participateincounselingaclient.

Prepareacomplaintandasummons.

Participateintrialpreparationandobserveorparticipateinatrial.

Participateinpleanegotiationsorreviewingapleaagreement.

Participateindraftingandreview

ingwillsandrevocablelivingtrusts.


inginitialprobatedocum

ents.

Participateinformingbusinessentitiesbydraftingandreviewingincorporationdocuments

andbusinessagreements.

Participateinpreparingsettlementdocum

ents,includingadiscussionofanytaximplicationsina

settlementincludingamonetaryaward.

Participateinanadm

inistrativehearing.

Participateindrafting,amending,orreviewingacontract.

Participateindraftingapleadingormotionforanadm

inistrativebodyorastateorfederalcourt.

Participateinpreparingaclient’staxreturn.

Chec

kSe

lect

ions

Subs

tant

ive La

w El

ectiv

esSe

ctio

n B.

Adv

ocac

y and

Litig

atio

n AttendanappellateargumentintheNewMexicoSupremeCourt,CourtofAppeals,oraU.S.Circuit

CourtofAppeals.

Attendorparticipateinahearingonamotion;discuss.

Attendorparticipateinanoralargum

ent;discuss.

Attendorparticipateinatrial,includingvoirdireifajurytrial;discuss.

DiscussfrequentissuesthatariseinlitigationconcerningspecificRulesofCivilProcedureandthelocal

rulesthatapplyineitherstateorfederalcourt.

Participateina26(f)conferencetodiscusssettlement,discoveryplanandinitialdisclosures.

Discussthemechanicsoftrial,includingwheretostand,properattire,whentostand,courtroom

decorum,judges’benchbooks,etc.

Participateindraftingdiscoveryrequests,includinginterrogatories,requestsforadm

issionandrequests

forproductionofdocuments.

Participateinpreparingforandobserving(ortakingordefending)depositions.

3


4

Chec

kSe

lect

ions

Subs

tant

ive La

w El

ectiv

es

Sect

ion

F: Ci

vil P

roce

dure

Prep

are a

com

plaint

.

Prep

are a

sum

mon

s.

Caus

e a su

mm

ons t

o be s

erve

d.

Parti

cipat

e in p

repa

ring a

Rule

12 m

otion

to di

smiss

.

Parti

cipat

e in p

repa

ring a

nswe

rs to

a co

mpla

int, c

ount

ercla

im, c

ross-

claim

and t

hird-

party

com

plaint

.

Parti

cipat

e in a

26(f)

conf

eren

ce to

disc

uss s

ettle

men

t, dis

cove

ry pl

an an

d init

ial di

sclos

ures

.

Parti

cipat

e in p

repa

ring i

nitial

discl

osur

es as

requ

ired b

y Rule

1-20

6 NM

RA.

Parti

cipat

e in p

repa

ring f

or an

d obs

ervin

g, ta

king,

or de

fendin

g a de

posit

ion.

Parti

cipat

e in d

rafti

ng di

scove

ry re

ques

ts, in

cludin

g int

erro

gato

ries,

requ

ests

for a

dmiss

ion an

d req

uests

fo

r pro

ducti

on of

docu

men

ts.

Parti

cipat

e in i

dent

ifying

expe

rt wi

tnes

ses a

nd pr

oduc

ing ex

pert

witn

ess r

epor

ts.

Parti

cipat

e in d

epos

ition

s, inc

luding

the d

epos

ition

of ex

pert

witn

esse

s.

Parti

cipat

e in p

repa

ring m

otion

s and

mem

oran

da in

supp

ort o

f sum

mar

y jud

gmen

t.

Parti

cipat

e in a

prep

aring

pret

rial o

rder

and m

aking

pret

rial d

isclos

ures

of w

itnes

ses a

nd ex

hibits

.

Chec

kSe

lect

ions

Subs

tant

ive La

w El

ectiv

es

Sect

ion

G: Cr

imin

al P

roce

dure

Parti

cipat

e in c

harg

e neg

otiat

ions w

ith pr

osec

utor

’s offi

ce.

Parti

cipat

e in d

iscov

ery d

eman

ds on

pros

ecut

or, in

cludin

g req

uest

for e

xculp

ator

y mat

erial

s.

Parti

cipat

e in e

ngag

emen

t of p

rivat

e inv

estig

ator

to in

terv

iew w

itnes

ses.

Revie

w inf

orm

ation

or in

dictm

ent f

or co

nstit

ution

al an

d/or

plea

ding d

efects

.

Rese

arch

elem

ents

of cr

ime c

harg

ed or

unde

r inve

stiga

tion;

disc

uss.

Revie

w an

d disc

uss p

retri

al div

ersio

n req

uirem

ents.

Revie

w an

d disc

uss p

lea in

abey

ance

stat

ute i

n a pa

rticu

lar ca

se an

d stu

dy ap

plica

ble st

atut

e.

Revie

w an

d disc

uss c

riter

ia fo

r a on

e- or

two-

level

redu

ction

of off

ense

in a

parti

cular

case

and s

tudy

ap

plica

ble st

atut

e.

Parti

cipat

e in d

iscus

sions

with

pret

rial s

ervic

es (b

ail).

Parti

cipat

e in e

diting

stat

emen

t by d

efend

ant i

n adv

ance

of pl

ea.

Obse

rve a

nd/o

r par

ticipa

te in

a tri

al.

Obse

rve a

nd/o

r par

ticipa

te in

an en

try of

plea

in co

urt.

Revie

w an

d disc

uss p

re-se

nten

ce re

port;

parti

cipat

e in fi

ling o

bjecti

ons.

Rese

arch

and p

artic

ipate

in an

alysis

of fe

dera

l sen

tenc

ing gu

idelin

es in

a pa

rticu

lar fe

dera

l cas

e.

Chec

kSe

lect

ions

Subs

tant

ive La

w El

ectiv

es

Sect

ion

H: Es

tate

Pla

nnin

gPa

rticip

ate i

n dra

fting

and r

eview

ing at

leas

t six

of th

e foll

owing

•Wills

•Dur

able

powe

rs of

atto

rney

•Rev

ocab

le liv

ing tr

usts:

tax p

lannin

g•A

dvan

ced h

ealth

care

dire

ctive

s

•Rev

ocab

le liv

ing tr

usts:

non-

tax p

lannin

g•L

ife in

sura

nce t

rusts

•Rev

ocab

le liv

ing tr

usts:

gene

ratio

n-sk

ipping

tax

plann

ing•T

rans

fer of

owne

rship

docu

men

ts:

quit-

claim

deed

s.

•Irre

voca

ble tr

usts

•Tra

nsfer

of ow

nersh

ip do

cum

ents:

as

signm

ents

•Spe

cial p

ower

s of a

ttorn

ey fo

r hea

lth ca

re.

Assis

t in g

athe

ring a

nd or

ganiz

ing cl

ient i

nfor

mat

ion

Prep

are d

iagra

ms o

f spe

cific e

state

plan

s for

clien

ts.

Prep

are e

state

plan

ning b

inder

s for

clien

ts.

Prep

are C

rum

mey

notic

es fo

r life

insu

ranc

e tru

sts.

Chec

kSe

lect

ions

Subs

tant

ive L

aw El

ectiv

es

Sect

ion

D: N

egot

iatio

nDi

scus

s how

to pr

epar

e for

the n

egot

iation

of a

legal

mat

ter (

e.g., r

eleas

e of a

perso

nal in

jury c

laim

, lea

se ag

reem

ent,

etc.)

.

Disc

uss w

hen a

nd ho

w ne

gotia

tion s

hould

be in

itiat

ed.

Disc

uss w

hen a

nd ho

w to

invo

lve th

e clie

nt in

nego

tiatio

n.

Disc

uss e

thica

l and

prof

essio

nal o

bliga

tions

of ne

gotia

tors.

Disc

uss s

kills

need

ed to

be an

effec

tive n

egot

iator

and h

ow to

acqu

ire th

em.

Chec

kSe

lect

ions

Subs

tant

ive L

aw 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 La

w 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 La

w 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 L

aw El

ectiv

es

Sect

ion

P: Pa

tent

Law

Observeorparticipateinaclientinterview.

Participateinpatentsearch/evaluation.

Participateindraftingandfilingapatentapplication.

ParticipateinfilinganInformationDisclosureStatement(IDS).

ParticipateindraftinganOfficeActionresponse.

Participateinatelephoneconversationw

ithanExaminer.

Participateinpreparinganddraftinganappealbrief.

Discussandreviewtechniquesforsuccessfulpatentprosecution.

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