BRIDGE THE GAP MENTORSHIP PROGRAM In this Section: Introduction to the Mentorship Curricula Mentorship Plan Agreement Rule 24-110, excerpt Four practice-specific Curriculum Plans Bridge The Gap Program Mentorship Curriculum Each Mentorship Curriculum Plan: Lists topics by priority Has activities tailored to the mentee s practice Directs users to recommended resources Introduction to the Mentorship Program and 2016 Curricula The purpose of the Bridge the Gap (BTG) Mentorship Program is to facilitate the transformation of the new lawyer into a fully functioning practitioner who serves the public with best practices and the highest professional standards. To that end, the New Mexico Supreme Court has mandated this program for attorneys newly admitted to the State Bar of New Mexico. This program consists of personal mentoring combined with a choice of specific curricula to ensure that certain aspects of law practice are addressed. There are four individual curricula addressing the most common law practices a new attorney will undertake: Government, Inhouse/Nonprofit, Large Firm, and Solo or Small Firm. "Inhouse" encompasses not only working as an employee for a forprofit business, but also as an employee for a trade association, a nonprofit, and similar entities. In contrast to the previous (2012) Individual Mentorship Curriculum, Plan, the new curricula focus solely on professionalism. It is anticipated the new lawyer will learn professionalism through the BTG curriculum and BTG mentor, and independently learn practice content from someone well versed in the new lawyer's practice area. Although the two mentoring roles can be assumed by the same person, it is not necessary, and only the professionalism mentoring will be administered by the BTG staff. Splitting the two roles does not denigrate either one; rather, the intent is to complement instead of duplicate the practice content training provided to new lawyers by so many employers. Mentors and mentees are encouraged, but not required, to draw upon the elective activities and referenced resources contained in the 2012 Mentorship Curriculum as they navigate their mentorship, particularly as it relates to practice content mentoring. This program relies heavily on the integrity of the mentor and mentee to fulfill the BTG time and content requirements. The curricula topics are stated more generally to permit the mentor and mentee to tailor their discussions and approach to best fit their needs. While these curricula list the topics in terms of importance the mentor and mentee are free to determine their own order as long as they address all of the topics at some point during the mentorship program. REV 03-17 The time required for the professionalism aspect is a minimum of 12 hours, a number considered by the Commission on Professionalism to be irreducible given the expansive range of topics to be addressed. The content mentoring could take the same or a different amount of time. Added to this is the transaction time (finding a mentor, executing the mentoring contract, arranging meetings) for both professionalism and content, which could add a few hours to the total. Practically speaking, a mentee should allocate an average of around two to three hours per month, although there will be months in which this time is exceeded and other months when less, or even no hours are spent on BTG activities. The time commitment of the mentor can be significantly less, particularly if the mentor is either a professionalism provider or a content provider, but not both. In addition, one or more topics may be addressed in a group setting by another person with specific expertise in a given topic; e.g., trust accounting, business plans. However, even if the mentor delegates another attorney for a certain topic, the mentor must confer afterward to ensure the mentee absorbed the requisite information. 1. Following confirmation of the mentorship pairing, the new lawyer and mentor should meet to select the specific curriculum and sign thementorship Agreement. 2. Prior to commencing work on the curriculum, the mentee will: (1) submit the Mentorship Agreement (identifying the specific curriculum selected) to the BTG program coordinator, and (2) complete the online pre-program survey. 3. To successfully complete the BTG Program, the new lawyer and mentor must meet for a minimum of 12 hours in at least seven face-to-face sessions over 8-12 months, and complete all curriculum activities by the end of the mentorship term (Dec. 31). Any extension must be approved by the BTG program manager. 4. To receive 12 CLEs for BTG participation, the mentor shall submit the Certificate of Satisfactory Completion and the mentee shall provide a copy of the completed curriculum to the BTG program coordinator, and both individuals will complete the online program evaluation. *Important: Mentors are only eligible for BTG CLEs every other year. All Forms, resources and other program materials are available on the Mentorship webpages at www.nmbar.org
BRIDGE THE GAP MENTORSHIP PROGRAM Mentorship Agreement 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 that primarily entails coaching, recounting experiences, lesson-sharing, providing support and asking questions. I acknowledge the specific objectives of the BTG Program: To enculturate the highest intrinsic values of ethical and professional conduct by facilitating membership and networking within the broader legal community. To assist new lawyers in acquiring the practical skills and judgment necessary to practice in a highly competent manner. To facilitate cultural competence, ensuring professional services to the state s diverse population. To introduce support and assistance resources for self-regulation and healthy life-balancing. To establish professional connections to support lifelong learning and active participation in improving the profession. I have reviewed Rule 24-110, specifically section I. Conflicts and confidentiality in outside mentoring, and will abide by this Rule in full. I acknowledge and will abide by the following BTG Program rules: Any communication between the mentor and the new lawyer arising out of participation in the BTG Program is for the sole purpose of guiding and teaching the new lawyer about the practice of law and the issues that the new lawyer is likely to face in the practice of law. The mentor will seek approval before asking an attorney who is not an approved BTG mentor to teach a specific curriculum topic. Unless otherwise agreed, and subject to the Rules of Professional Conduct, the mentor will not assume any liability or responsibility with respect to any legal matter of the new lawyer s clients, nor will the mentor render professional services to or take any responsibility for any aspect of representation of the new lawyer s clients. The New Lawyer shall defend, indemnify and hold harmless, the mentor, the Commission on Professionalism, the State Bar of New Mexico and the New Mexico Supreme Court, along with respective commissioners, employees, volunteers and agents, from all actions, proceedings, claims, demands, costs, damages, attorney s fees, and all other liabilities and expenses of any kind from any source which may arise out of the performance of this agreement. I hereby certify that I have read the above Bridge the Gap Mentorship Agreement and agree to its terms. I pledge that I will devote the time and effort necessary to carry out the following practice-specific Mentorship Curriculum Plan:. e.g., Government, Solo/Small Firm I also certify the new lawyer and mentor do not have a direct supervisory relationship. *Print/Type Name of New Lawyer *Print/Type Name of Mentor *Completion and submission of this form will stand for your signature. Email or fax the Mentorship Agreement form to: Bridge the Gap Mentorship Program Elizabeth Aikin, Program Coordinator Email: bridgethegap@nmbar.org Fax: 505-797-6071
Rule 24-110 NMRA (Excerpt) 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 with the new lawyer s client and the new lawyer s client is not an intended beneficiary of the outside mentoring relationship between the mentoring lawyer and the new lawyer. When allowed by Rule 16-101 NMRA, the mentoring lawyer may provide or the new lawyer may seek short-term limited guidance or counsel, within an outside mentoring relationship, without expectation 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 of whether issues are discussed in hypothetical terms, the outside 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 relationship with the new lawyer s client, the outside 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 lawyers who are outside mentors providing, or new lawyers seeking, counsel or guidance on an ongoing or regular basis relating to the needs of or litigation regarding a specific client, whether within or without the context of the mentoring relationship. If the lawyers are engaged in ongoing 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, then the new lawyer and the mentoring lawyer must comply with the relevant New Mexico Rules of Professional Conduct. [Adopted by Supreme Court Order No. 11-8300-024, effective for all lawyers admitted to practice law in New Mexico after April 6, 2011].
*Print/Type Name of New Lawyer *Print/Type Name of Mentor *Completion and submission of this form will stand for your signatures. Individual Mentorship Curriculum Plan Government Introduce the lawyer to the members of the agency 1 and what they do. 2 (Use as opportunity to emphasize boundaries.) Make sure the lawyer understands the resources of the agency and to liberally draw on those resources, while at the same time emphasizing the importance of networking/forming a study group/developing sources with whom the attorney can consult, get help from, and generally use as practice resources, to the extent not provided within the agency. 9 24 Discuss Rules of Professional Conduct 1 as selected by the mentor, including confidentiality, 2 conflicts, etc., but also including unwritten customary rules of civility and etiquette. 3 Also as appropriate discuss negotiations 4 and role of lawyer as a problem-solver rather than just a litigator. 2 20 5 37 Discuss calendars and filing, 1 and perhaps time keeping, and trust accounting 22 including IOLTA. 2 IOLTA Rules Discuss who is the client of the lawyer the agency, the agency s clients, or someone else and based on that determination discuss decision making with the client, 1 client interactions, 2 client interviewing or analogous fact gathering, and as appropriate, dealing with the difficult client. 3 The concept of understanding and communicating with the client should incorporate cultural competence. 4 31 29 33 41 4 Discuss common malpractice and grievance issues and as appropriate, malpractice coverage, 1 including, e.g., the National District Attorneys Association National Prosecution Standards. 18
Individual Mentorship Curriculum Plan Government Discuss potential resources for dealing with complicated ethical issues, including conflicts of interest. Discuss ethical issues that arise with some regularity in the practice setting and ways to resolve these issues, referring to the mentor s experience as well as the Rules of Professional Conduct.1 Discuss the grievance process and a lawyer s duty to cooperate with a disciplinary investigation. 13 Discuss the appropriate way to handle situations where the new lawyer believes another lawyer (in and outside of the lawyer s agency) has committed an ethical violation, and the obligation to report misconduct.1 19 Discuss personal vs. career balance including home life,1 and substance abuse and mental health issues and resources.2 15 12 Discuss practical ways to manage law school debt.1 Make sure the lawyer understands that being part of an agency means understanding the basics of the agency s budget. 17 Discuss getting acquainted with and beginning public service/pro bono/ community service other than the public service rendered by the agency.1 6 Discuss joining a bar association,1 a Supreme Court committee, or something similar,2 both to connect with colleagues (including a review of the networking described above) and to contribute to the legal community. 3 7 Create MCLE login and discuss CLE requirements and how to fulfill them.1 11
*Print/Type Name of New Lawyer *Print/Type Name of Mentor *Completion and submission of this form will stand for your signatures. Individual Mentorship Curriculum Plan In-House Counsel Introduce the lawyer to the members of the agency 1 and what they do. 2 (Use as opportunity to emphasize boundaries.) Make sure the lawyer understands the resources of the organization and to liberally draw on those resources, while at the same time emphasizing the importance of networking/forming a study group/developing sources with whom the attorney can consult, get help from, and generally use as practice resources, to the extent not provided within the organization. 9 24 Discuss Rules of Professional Conduct 1 as selected by the mentor, including confidentiality,2 conflicts, etc., but also including unwritten customary rules of civility and etiquette.3 Also as appropriate discuss negotiations 4 and role of lawyer as a problem-solver rather than just a litigator. 2 20 5 37 Discuss calendars and filing, and perhaps time keeping,1 and trust accounting including IOLTA.2 22 IOLTA Rules 31 Discuss who is the client of the lawyer the organization, the organization s clients, or someone else. Based on that determination, discuss decision making with the client,1 client interactions,2 client interviewing or analogous fact gathering, and as appropriate, evaluation of proffered representation,3 fee discussion,4 fee agreements, and dealing with the difficult client.5 The concept of understanding and communicating with the client should incorporate cultural competence. 6 29 32 34 33 416
Individual Mentorship Curriculum Plan In-House Counsel Discuss common malpractice and grievance issues and malpractice coverage.1 18 Discuss potential resources for dealing with complicated ethical issues, including conflicts of interest. Discuss ethical issues that arise with some regularity in the practice setting and ways to resolve these issues, referring to the mentor s experience as well as the Rules of Professional Conduct.1 If the mentorship is in-house, discuss the organization s procedures for assisting with complicated ethical issues. Discuss the grievance process and a lawyer s duty to cooperate with a disciplinary investigation. Discuss the appropriate way to handle situations where the new lawyer believes another lawyer (in and outside of the organization) has committed an ethical violation, and the obligation to report misconduct.1 Discuss personal vs. career balance including home life,1 and substance abuse and mental health issues and resources.2 Discuss practical ways to manage law school debt.1 Make sure the lawyer understands that being part of an organization means contributing to successfully running the business or keeping the not-for-profit organization in business. Discuss getting acquainted with and beginning public service/pro bono/ community service.1 Discuss joining a bar association,1 a Supreme Court committee, or something similar,2 both to connect with colleagues (including a review of the networking described above) and to contribute to the legal community. 13 19 15 12 17 esource 6 3 7 Create MCLE login and discuss CLE requirements and how to fulfill them.1 11
*Print/Type Name of New Lawyer *Print/Type Name of Mentor *Completion and submission of this form will stand for your signatures. Individual Mentorship Curriculum Plan Larger Firm Introduce the lawyer to the members of the firm1 and the staff as well and what they do.2 (Use this opportunity to emphasize boundaries.) Make sure the lawyer understands the resources of a larger firm and to liberally draw on those resources. 9 24 Discuss Rules of Professional Conduct1 as selected by the mentor, including confidentiality,2 conflicts, etc., but also unwritten customary rules of civility and etiquette.3 Also discuss negotiations4 and role of lawyer as a problemsolver rather than just a litigator. 20 2 5 37 Discuss calendars, filing, time keeping, billing,1 and trust accounting including IOLTA.2 20 IOLTA Rules Discuss decision making with client 1 including carefully understanding who is the client, client interactions 2, client interviewing or analogous fact gathering,3 evaluation of proffered representation,4 fee discussion,5 fee agreements, and dealing with the difficult client,6 especially before the difficult client causes major damage. The concept of understanding and communicating with the client should incorporate cultural competence. 7 31 29 33 32 34 417
Individual Mentorship Curriculum Plan Larger Firm Discuss common malpractice and grievance issues and malpractice coverage.1 18 Discuss potential resources for dealing with complicated ethical issues, including conflicts of interest. Discuss ethical issues that arise with some regularity in the practice setting and ways to resolve these issues, referring to the mentor s experience as well as the Rules of Professional Conduct.1 If the mentorship relationship is in-firm, discuss the firm s procedures for assisting with complicated ethical issues. Discuss the grievance process and a lawyer s duty to cooperate with a disciplinary investigation. Discuss the appropriate way to handle situations where the new lawyer believes another lawyer (in and outside of the new lawyer s firm) has committed an ethical violation, the obligation to report misconduct1, and the appropriate way to handle a situation where the new lawyer has been asked by a senior firm member to do something that is unethical or unprofessional. Discuss personal vs. career balance including home life,1 and substance abuse and mental health issues and resources.2 Discuss practical ways to manage law school debt.1 Make sure the lawyer understands that being part of a firm means contributing to successfully running a business. 13 19 15 12 17
Individual Mentorship Curriculum Plan Larger Firm Discuss getting acquainted with and beginning public service/pro bono/ community service.1 6 Discuss joining a bar association,1 a Supreme Court committee, or something similar,2 both to connect with colleagues and to contribute to the legal community. 3 7 Create MCLE login and discuss CLE requirements and how to fulfill them. 1 11
*Print/Type Name of New Lawyer *Print/Type Name of Mentor *Completion and submission of this form will stand for your signatures. Individual Mentorship Curriculum Plan Solo and Small Firms Make sure the new attorney has a budget or business plan for the practice which includes all the requirements for practicing law such as bar dues,1 taxes, rent, required services, etc. Make sure the lawyer understands running a business. Emphasize the importance of networking/forming a study group/ developing sources with whom the attorney can consult, get help from, and generally use as practice resources. 4 Discuss Rules of Professional Conduct1 as selected by the mentor, including confidentiality,2 conflicts, etc., but also including unwritten customary rules of civility and etiquette.3 Also as appropriate discuss negotiations4 and role of lawyer as a problem-solver rather than just a litigator. 2 20 5 37 Discuss calendars and filing, and perhaps time keeping,1 and trust accounting including IOLTA.2 22 IOLTA Rules 31 29 32 34 33 417 Discuss decision making with client,1 including carefully understanding who is the client, client interactions,2 client interviewing,3 evaluation of proffered representation,4 fee discussion,5 fee agreements, and dealing with the difficult client,6 especially before the client causes major damage. The concept of understanding and communicating with the client should incorporate cultural competence. 7
Individual Mentorship Curriculum Plan Solo and Small Firms Discuss common malpractice and grievance issues and malpractice coverage.1 18 Discuss potential resources for dealing with complicated ethical issues, including conflicts of interest. Discuss ethical issues that arise with some regularity in the mentee s practice setting and ways to resolve these issues, referring to the mentor s experience as well as the Rules of Professional Conduct.1 Discuss the grievance process and a lawyer s duty to cooperate with a disciplinary investigation. Discuss the appropriate way to handle situations where the new lawyer believes another lawyer (in and outside of the new lawyer s firm) has committed an ethical violation, and the obligation to report misconduct.1 Discuss personal vs. career balance including home life,1 and substance abuse and mental health issues and resources.2 Discuss practical ways to manage law school debt.1 Follow up on and complete discussion of Topic 1 (budget) as needed. Discuss getting acquainted with and beginning public service/pro bono/ community service.1 Discuss joining a bar association,1 a Supreme Court committee, or something similar,2 to connect with colleagues (reiterate networking) and to contribute to the legal community. 13 19 15 12 17 6 3 7 Create MCLE login and discuss CLE requirements and how to fulfill them.1 11