Frequently Asked Questions

1. What is the Mentoring Program?

Answer: The mentoring program is a pilot project established by the Supreme Court of South Carolina which pairs new lawyers with more experienced lawyers to help with the transition from the academic world to the practice of law. It is designed to help the new lawyer learn the practical aspects of the profession, develop professional relationships within the legal community, and develop practical skills to be successful in the profession. The Commission on Continuing Legal Education and Specialization (Commission) administers the mentoring program.

2. Is the Mentoring Program mandatory?

Answer: Yes. Under the Supreme Court's Order extending the Pilot Program, all lawyers admitted to the SC Bar between March 1, 2009 and April 1, 2012 are required to participate in the mentoring program during their first year of practice. Some exemptions do exist. See FAQs below for more details.

3. Must every new lawyer register for the program?

Answer: Yes. Every new lawyer must complete and submit a New Lawyer Registration Application within 30 days of their admission to the South Carolina Bar. If you are seeking a waiver or a deferment for special circumstances, as outlined in the Supreme Court’s Order, you still must register.

4. What if the new lawyer is not a resident of south Carolina or does not practice law in this state?

Answer: If a new lawyer is not a resident of South Carolina or does not practice law in this state, they do not have to participate in the mentoring program; however, the new lawyer must complete and file a New Lawyer Registration Application to confirm residency and state of practice. See the Supreme Court’s Order, Section 3.

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5. What if South Carolina is not the new lawyer's first bar admission?

Answer: If a new lawyer has practiced law in another jurisdiction for a minimum of two (2) years, they are not required to participate in the program. The new lawyer must complete and file a New Lawyer Registration Application to confirm that South Carolina is not their first state of admission. See the Supreme Court's Order, Section 3.

6. What if a new lawyer intends to practice law within the next two years but is currently unemployed?

Answer: The new lawyer must participate in the program even if he/she is unemployed. The new lawyer may select his/her own mentor or the Mentoring Program will assign a mentor.

7. What if the new lawyer is a judicial law clerk?

Answer: A new lawyer who is employed as a non-permanent, full-time law clerk to state or federal judge during his or her first year of admission may request a deferment from the program until the completion of the clerkship. The new lawyer must complete and file a New Lawyer Registration Application and a Waiver Participation/Deferment Request Application to obtain the deferment. See the Supreme Court's Order, Section 3 (a).

8. What if the new lawyer is admitted to the bar but does not practice law?

Answer: If the new lawyer is not engaged in the active practice of law and does not intend to practice law for a period of at least two (2) years, the new lawyer may request a waiver from the program. The new lawyer must complete and file a New Lawyer Registration Application and a Waiver Participation/Deferment Request Application to obtain the waiver. See the Supreme Court's Order, Section 3 (b).

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9 . May the new lawyer select his/her own Mentor?

Answer: Yes. The new lawyer may select his/her own Mentor from members in their law firm or agency. New lawyers also are free to select outside counsel as their Mentors. If you are in solo practice or unemployed, and cannot find a Mentor, the Mentoring Program will assign a Mentor to you. All Mentors must agree to serve and be certified by the Commission.

10. What qualifications are required to be a Mentor?

Answer: Mentors must be active members of the SC Bar or inactive/retired members who have taken that status within the preceding two (2) years. Mentors must also have five (5) years of practice experience. Litigation experience is not required. A Mentor must have a good reputation for professional behavior and must not have been publicly reprimanded in any jurisdiction within the past 10 years or suspended or disbarred from the practice of law at any time. See the Supreme Court's Order, Section 7.

11. Is there an application process to become a Mentor?

Answer: Yes. The Commission has a Mentor Certification Application which must be completed and submitted before an attorney is approved as a Mentor. Once certified, the lawyer can serve as a Mentor in the program for up to five (5) years. The Commission has the authority to appoint qualified Mentors and the discretion to decline to appoint an applicant to serve as a Mentor under this program. See the Supreme Court's Order, Section 8.

12. Can a Law Firm or Agency run its own Mentoring Program?

Answer: A law firm or agency may choose to have an in-house mentoring program provided that it meets the objectives contained in the Court’s Order and has been approved by the Commission. The law firm or agency must submit its internal mentoring plan to the Commission, showing that each of the nine (9) objectives set forth in the Court’s Order have been met. See the Supreme Court's Order, Section 6.

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13. How long is the mentoring period?

Answer: Once the new lawyer is paired with a Mentor, the mentoring period should last for one (1) year. The new lawyer must complete the mentoring program within the first full calendar year after admission to the South Carolina Bar.

14. Must every qualifying new lawyer submit a mentoring plan?

Answer: Yes. Within 30 days after the new lawyer is paired with a Mentor, the new lawyer and Mentor must prepare and submit a mentoring plan to the Commission. The mentoring plan must meet all of the Court’s nine (9) objectives in order for the plan to be complete. Each objective is to be met through a series of action steps over the course of the mentoring year. The Uniform Mentoring Plan is available as a tool to assist the new lawyer and Mentor with suggested action steps to complete each objective.

15. How often should the mentor and new lawyer meet?

Answer: The Mentor and new lawyer should determine the number of meetings and meeting times and how best to communicate with one another. If the new lawyer being mentored is in the same firm as the Mentor, it will be easier to find time on an as-needed basis. Please remember that while the assigned Mentor is the primary Mentor for the new lawyer, part of the role of the Mentor is to help the new lawyer develop a broad network of other lawyers with whom they will be able to work and learn.

16. What is a Mentor expected to do?

Answer: A Mentor is expected to help the new lawyer learn the practical aspects of the profession. As noted above, the first step is to meet with the new lawyer and develop the individual Mentoring Plan with specific action steps which address the Supreme Court’s nine (9) objectives. The individual Mentoring Plan may include some of the following action steps: introducing the new lawyer to members of the local bar, clerks of court and other court officials; instructing the new lawyer how to communicate effectively with clients; advising how to handle the business side of a law practice, including the proper use of trust accounts; reviewing appropriate negotiation skills; and discussing common ethical and civil liability problems. How the Mentor chooses to undertake the action steps is open to what works best for the Mentor and the new lawyer. At the end of the mentoring year, the Mentor will be requested to certify that the new lawyer has completed the program by signing the Certificate of Completion. See the Supreme Court's Order, Sections 10, 11.

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17. Should the Mentor provide advice regarding specific legal issues?

Answer: The Mentor can provide general advice and guidance to the new lawyer to resolve substantive or procedural legal issues; however, the program is not intended to provide specific legal advice to the new lawyer or provide the new lawyer with co-counsel.

If the Mentor and new lawyer are associates in the same law office, the mentoring relationship does not preclude the Mentor from assisting the new lawyer in resolving specific issues. The extent of such advice should be determined by the policies of the law firm.

The Mentor does not undertake to represent the new lawyer’s clients or assume any responsibility for the quality of the work of the new lawyer. See the Supreme Court's Order, Section 12.

18. Must I file a certificate of completion at the end of the mentoring year?

Answer: Yes. At the end of the first full calendar year after admission to the Bar, the new lawyer is required to file a Certificate of Completion. The certificate must be signed by the Mentor and the new lawyer and filed with the Commission. See the Supreme Court's Order, Section 11.

19. What happens if the program requirements are not completed by the end of the first year?

Answer: If the requirements are not completed, the new lawyer must inform the Commission of the reasons why and request an extension. The Commission may grant the extension or recommend to the Court that other appropriate action be taken. See the Supreme Court's Order, Section 11.

20. Does the Mentor obtain CLE credit for participation in the program?

Answer: Yes. At the end of the mentoring period, the Mentor will automatically receive four (4) hours of CLE credit, to include two (2) hours of legal ethics credit, when the Certificate of Completion is received by the Commission. See the Supreme Court's Order, Section 13.

21. How will the Commission assist?

Answer: The Commission will provide a training session for the Mentors to help them understand the process. Mentors also will have access to personal assistance from the Mentoring Coordinator for help with any questions or concerns that quickly need to be addressed. In the future, it is anticipated that the Mentor will also be able to compare notes with other Mentor colleagues through a listserv the Commission will maintain for Mentors. There also will be a corresponding listserv for the new lawyers. Periodically, there will be e-mail updates with reminders, tips, links to resources and other relevant information.

22. Who should be contacted with questions or issues?

Answer: The Mentoring Coordinator, Debra Cooper, may be contacted by telephone at (803) 799-5578 or e-mail at (dcoopercommcle@bellsouth.net) You can write to Ms. Cooper at the following address: Mentoring Program, Post Office Box 2138, Columbia, SC 29202.

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950 Taylor Street, Suite 120, Columbia, SC 29201
P.O. Box 2138, Columbia, SC 29202
Telephone: (803)799-5578 Fax: (803)799-5671

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