MENTORING FOR NSTITUTE LAWYERS HOW TO FIND /BE THE … for Lawyers 03.31.14.pdf · talents: A good mentor will push you to do more with your strengths, and help you discover and exploit

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MENTORING FOR LAWYERS: HOW TO FIND/BE THE BEST

MENTOR: AND BECOME THE BEST LAWYER YOU

CAN BE Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY

scheduled for March 31, 2014

Faculty: Elizabeth Cronise McLaughlin, Esq.

This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 2 Transitional and Non-Transitional credit hours; 1 Skills; 1 Law Practice Management.

This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 2 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law.

ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey.

New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646

Mentoring for Lawyers: How to Find/Be The Best Mentor: And Become the Best Lawyer You Can Be

Monday, March 31, 2014; 6:30 PM to 8:30 PM

Faculty: Elizabeth Cronise McLaughlin, Esq.

AGENDA

6:00 PM – 6:30 PM Registration 6:30 PM – 6:40 PM Introductions and Announcements 6:40 PM – 8:20 PM Program

8:20 PM – 8:30 PM Questions and Answers

© ECM Executive Consulting 2014

Introduction


The importance of mentoring in today’s environment How to find your ideal mentor

Guidelines for professional and productive mentoring

Giving Back: how to be an ideal mentor as you rise

through the ranks

How to Get Additional Support


Mentoring Defined,

and Why It Matters in Today’s Environment


A mentor is anyone who can help you build your ideal career trajectory, or transition within it

Mentors can be internal or external to your current job

Mentors are not always those who fit a conventional ideal

Having more than one mentor is critical


A good mentor can make or break your career.

A good mentor can aid you in professional transition.

A good mentor can help you learn from THEIR mistakes.

ECM Executive Consulting, Copyright 2014

How to Find Your Ideal Mentor

ECM Executive Consulting, Copyright 2014

Assigned mentors: why they don’t always work

Your best mentoring relationship may be an informal one

Internal v. external v. professional mentors

ECM Executive Consulting,

Copyright 2014

Position

Authority

Reputation

Approachability


Career Trajectory

“Connector”

Advisory Capacity

Approachability


Internal networking

External networking

The “cold call” approach

The professional mentor


Guidelines for Professional and Productive Mentoring


Cultivating a good mentoring relationship is a two-way street

Ask for what you want

Set regularly scheduled meetings

Follow-up is critical


Meetings at least once a quarter

Plan and prepare for each meeting with your mentor

Take an active interest in your mentor’s career, and

expect he/she to do the same

Ask for support (e.g., referrals, strategic planning, an open ear)

Follow business etiquette at all times


Your mentor takes an active interest in cultivating your career

Your mentor takes an interest in your development for the long haul

Your mentor advises you, but also respects your choices

Your mentor does not involve you in his/her drama or professional concerns


Your mentor is not your shrink

Gossip is a no-no

Do not slack on work for your mentor, or otherwise abuse the mentor relationship

Your mentor should not be expected to hire you

Maintain personal boundaries with your mentor


Giving Back:

How to be an Ideal Mentor as You Rise through the Professional Ranks


A few words about glass ceiling shatterers

Uplifting others uplifts your career

Mentoring allows you to change firm culture from the bottom up

Others can learn from YOUR mistakes


You can be an informal mentor NOW

Take a powerful interest in those on your team– juniors, staff, admins

LISTEN

Advise when invited to do so

Keep your promises


Work to create formal mentoring programs in your workplace, or volunteer to participate in an existing one

Take a genuine interest in those who appear to have no mentors and work strategically to provide support

Talk to those around you about how they are effectively mentoring others

Ask YOUR mentors for advice


Cultivate your mentoring relationships for the long haul

Seek out opportunities to share the wealth as your career progresses

Make mentoring a usual part of your workplace relationships

Remember: it is all about building connection


How to Find Additional Support


emclaughlin.com

ultimatejobseekerstoolkit.com

[email protected]


NYCLA 2014 MENTORING PROGRAM

ARTICLE - “PREPARING FOR A MENTORING RELATIONSHIP”

BY DAN PINNINGTON (AUG 2004)

Preparing for a Mentoring Relationship by Dan Pinnington (August 2004)

There is no right way to mentor. Every mentoring relationship is as unique as the individuals involved in it. However, no matter who the individuals or what shape the relationship takes, completing some groundwork can help create a stronger and more productive relationship. This section reviews the issues that mentors and mentees should consider as they prepare to engage in a mentoring relationship.

Why be a mentee?

Because having a mentor can “jump-start” your practice and contribute enormously to a successful and satisfying career in law.

If you’re a newly called lawyer, you’ve likely heard that “the real learning starts after law school ends.” Much of that learning happens not through books, but through real world experience. Without a mentor, it occurs by trial and error. Having a mentor lets you tap into the learning that has gone before you.

Similarly, sole practitioners, and lawyers new to a firm, discover that being a mentee shortens the learning curve for acquiring the skills and knowledge that are critical to a profitable law practice.

Other benefits that accrue to you as a result of being a mentee in a mentoring relationship include:

• Learning new things about yourself: The self-reflection that can result from a mentoring relationship can be a powerful growth experience and provide you with new insights about yourself.

• Making more of your strengths and exploiting your hidden talents: A good mentor will push you to do more with your strengths, and help you discover and exploit hidden talents.

• Contributing to the success of your practice and firm: A mentee who builds a strong practice ultimately contributes to the success of the practice or firm.

• Career satisfaction: You will be more satisfied with your career if you have a successful and profitable law practice.

• Expanding your personal network: Entering into a mentoring relationship adds your mentor to your personal network, and may lead to an introduction to the individuals in the mentor’s network.

• A source of referrals: Your mentor may refer work to you once s/he knows and trusts your abilities.

How can a mentee prepare?

http://apps.americanbar.org/lpm/lpt/articles/mgt08042.html#author




Set goals

Your first step is to identify your goals for the mentoring relationship. What do you hope to learn?

For example, you may have a general goal: To become a better personal injury litigator.

However, you should also have some specific goals, such as: to develop the skills necessary to conduct an examination for discovery; or to properly cross-examine expert witnesses; or to gain an understanding of the various no-fault insurance regimes.

Identifying your goals will help you identify a prospective mentor. In choosing a mentor, search for someone who has the background and experience to assist you in attaining the specific goals you have identified.

Don’t be afraid to ask

One obstacle that many mentees face is their own reluctance to ask someone to be a mentor. This reluctance is quite common, and for many is rooted in the embarrassment of having to acknowledge that they may need help, or in a fear of rejection.

How do you overcome this reluctance? Focus on your goals and needs. There is nothing wrong with admitting that you need help. Moreover, you’ll likely find that the prospective mentor responds to your request in a positive way, even if

that lawyer declines to be your mentor. The fact is mentors consistently say they are flattered at being approached, and welcome an opportunity to “give back” to the profession.

Consider too that mentoring is making a comeback in the legal profession, prompting many organizations to launch mentoring initiatives, including some that attempt to match prospective mentors and mentees.

Why Should I Be a Mentor?

While mentees usually participate in mentoring for one basic reason, the reasons for mentors wanting to do so are more numerous and varied. They include:

• A desire to repay a debt to society: Successful lawyers often want to pass some of their success on to others.

• An obligation to give something back to their profession: Lawyers who are successful, or had mentors themselves, often feel that they should give something back to the profession through a mentoring relationship.

• Mentoring is part of a firm’s culture: In some firms mentoring is thoroughly ingrained in the firm’s culture, and acting as a mentor is an accepted part of each lawyer’s contribution to the firm. It is seen




as an important investment in the future and success of the firm.

• It is a calling: For some individuals mentoring is almost a vocation. It is something that they are very passionate about and feel very positive about participating in.

The many benefits that can come from acting as a mentor include:

• Learning new things about yourself: The self-reflection that can result from a mentoring relationship can be a powerful growth experience and give you new insights about yourself.

• Satisfaction of passing on knowledge: Many mentors simply gain great satisfaction from passing on and sharing knowledge.

• Contributing to the success of the mentoring partner’s firm: A mentee who builds a strong practice ultimately contributes to the success of the firm.

• Acquiring new knowledge: You may find your mentee has skills or experiences that you can learn from. Similarly, acting as a mentor often becomes a refresher in law, strategies and attitudes.

• Expanding your personal network: Entering into a mentoring relationship adds another individual to your personal network, and you become one removed from all the

individuals in the mentee’s network.

• A source of referrals: Your mentee may refer to you work that she or he is not comfortable with. Having someone to delegate to: Your mentee may become someone you trust to delegate work to.

• A confidence builder: Having someone regularly turning to you for advice and direction can help build your confidence.

• Staying in touch with the younger members of your local bar: Mentoring a younger lawyer ensures you stay current with issues and developments in the next generation of professionals.

How Can a Mentor Prepare?

Assess your experiences

We are all the sum of our own experiences. Self-reflection helps you bring those experiences—and the learning that results—to the fore, which in turn can bring added perspectives to the mentoring relationship.

To better understand themselves, mentors should reflect on the significant events in their lives, their successes and failures, the obstacles they encountered and the lessons they learned along the way. Any previous experience as a mentor or mentee should also be considered, as it will help you better understand how you should act in your role as mentor.




Assess the mentee’s needs

Consider also your understanding of the mentee’s experience and needs, in light of your own background. This will help you better determine what contribution you can make to the mentoring relationship, and how you can assist the mentee in attaining the goals that have been set for the relationship.

Be prepared to withdraw

If, after some self-reflection and consideration of the mentee’s goals, you realize that you do not have the skills and experience necessary to attain the goals identified for the relationship, be prepared to say so. This should be seen as a positive outcome that will help the mentee find a mentor who is a more appropriate match.

Setting terms for a Mentoring Relationship

Agreeing on the terms of a mentoring relationship is not simply and solely about drawing up a formal written agreement—which, although useful, is not a necessity. Instead the goal is to ensure both partners understand why they are working together, what they want to accomplish, and how they are going to reach the desired result. Setting the terms for the relationship in some detail at an initial face-to-face meeting will make the relationship stronger and more productive.

The first meeting

At the core of most successful mentoring is a relationship with another person. An initial face-to-face meeting, at which there is an open and honest discussion of backgrounds and experiences, will help the prospective partners get to know each other. This first meeting will help build trust and rapport, elements that are essential to the relationship’s growth and success.

At this first meeting the mentor and mentee should discuss the following issues:

• the goals for the relationship; • the scope of responsibilities each

partner is assuming, including what the time commitments will be;

• the logistics of the relationship, that is, how, when and where meetings and communications will occur;

• how to deal with confidential information;

• what topics or issues are outside the scope of the relationship (boundaries);

• how obstacles or problems are to be dealt with; and

• how and when to end the relationship.

These issues are reviewed in more detail in this and the next two sections of this booklet.

Identify goals for the relationship




Before embarking on a mentoring relationship, the prospective mentor and mentee should review the mentee’s goals. The goals should be specific, attainable and measurable. The mentor can help by pushing the mentee to set challenging or “stretch goals” that push the mentee outside of their comfort zone.

The next step is determining if the mentor can assist the mentee in attaining those goals. This will prevent a mismatch of mentor and mentee. Assuming the mentor and mentee are a match, there should be some discussion of how the mentor and mentee can work together to achieve the specified goals.

Do personalities and mentoring styles match?

Mentors and mentees will have to adjust as they find their own mentoring style and preferences. Having two individuals with matching chemistries can make for an easier relationship. A mentor and mentee can get a reasonably good idea of how they will get along at a first meeting.

Talk about expectations

Inconsistent or different expectations can cause a mentoring relationship to fail. Both mentor and mentee should openly discuss everything, from what they expect to get out of the relationship, to how it will work, including the logistics of how and when to communicate, confidentiality and boundaries.

Discuss time concerns

Lack of time is the reason cited most often for failure of a mentoring relationship. Mentors and mentees need to understand from the start that mentoring involves a commitment of time, and should deal up front with any time concerns they may have. If necessary, the partners can set parameters as to when and how interactions should occur.

Set boundaries

Both mentor and mentee should clarify, at the outset, any limits placed on the relationship in terms of subject matter, time, or confidentiality.

Professional issues that often arise in mentoring relationships include strategic, ethical and moral concerns, marketing and networking. Inquiries related to more practical matters can include advice on how to handle a difficult client, opposing counsel or member of the bench.

Strictly personal issues are frequently, but not always, out of bounds. Some firms make personal matters out of bounds. To encourage full and open disclosure, other firms assign a mentor outside of the mentee’s practice group to deal with personal issues in complete confidence. When mentor and mentee are from different firms, it will be up to the partners to agree on how to handle personal matters.




Activities that are commonly out of bounds in mentoring relationships include:

• direct involvement in dispute resolution;

• acting as an advocate for career advancement; and

• lending money or discussing financial matters.

Although generally within boundaries, questions related to pure substantive law issues are not the primary focus of most mentoring relationships. If substantive questions occur too frequently, it could indicate that the mentee is using the mentor as a crutch. Partners are well advised to address and resolve this issue promptly, including ending the relationship if necessary.

Ultimately, it is up to the partners in the relationship to agree what is in and out of bounds. Boundaries will not always be clear-cut, and circumstances can change them.


ARTICLE - “MENTORING AND THE FUTURE OF THE LEGAL PROFESSION”

BY BARI CHASE AND ZACHARY CRONIN

Mentoring and the Future of the Legal Profession1

Bari Chase and Zachary Cronin

It is no secret that there has been dissatisfaction among many members of the legal profession. Indeed the recent economic downturn has only highlighted the problem and spurred bar associations, firms, and other legal commentators into taking a serious look at the problems of the law firm culture that have previously been swept under the rug.2

For example, in 2005 the New York County Lawyers Association (NYCLA) formed a Task Force on Professionalism “in the wake of the Enron scandals and against a backdrop of surveys and anecdotal reports of growing dissatisfaction with attorneys both from outside the profession and from within it.” The goals of the Task Force were to take a hard look at the attitudes and practices of lawyers, judges, and law schools in New York City, gauge the extent of the perceived problems, and then identify tangible, realizable steps that an organization such as NYCLA could take to reduce these problems while potentially improving the professional lives of some lawyers. The Task Force’s Report on Professionalism was approved in January 2010.3 A few different themes emerged from this extensive work, but the one predominant theme that materialized was an expressed need and desire for mentoring.4 Thus, the most immediate and tangible outcome of the Task Force Report on Professionalism was the implementation of NYCLA’s Pilot Mentoring Program.

The pilot stage of the NYCLA Mentoring Program commenced in early 2010 with the selection and pairing

of twelve mentees with twelve mentors—the pioneering participants of the program. The intended mentees were attorneys who had been admitted to the New York Bar for 2–4 years, not, as some other mentoring programs intend, for recent law school graduates. While there is certainly an eagerness and benefit to mentoring newly minted lawyers, NYCLA’s program sought to address the deficiencies in professionalism by assisting attorneys who already had some experience in the profession, yet were seeking guidance and counsel as they moved to the next level of their careers. Indeed the transitional stage from a newly admitted to an experience attorney represents a time when concerns of professionalism and civility can be most perilous, especially for young attorneys who do not feel comfortable speaking with members of their firms about career options, harried public sector and nonprofit attorneys, and sole practitioners.

Meanwhile, the criteria for a mentor include, among other things, the requirement of at least six years

admission to the New York Bar and bar association membership, with a proven record of leadership. The 1 Based on research conducted by NYCLA’s Task Force on Professionalism. 2 For example, the American Bar Foundation’s After the JD Study, surveying 5,000 associates from 2000 found that 59 of graduates from top tier law school had plans to leave their firms within two and a half years. 3 See NYCLA Professionalism Task Force, Task Force Report on Professionalism, January 11, 2010. A copy of the complete Report, along with a comprehensive list of members of the Task Force on professionalism, is reprinted in the Reports section of Volume 2, su-pra. 4 See VIII, id.



BY BARI CHASE AND ZACHARY CRONIN program seeks to enhance professionalism by introducing the mentees to programs and services available at NYCLA, including committees, forums, professional development, and other programs, pro bono opportunities and training, CLE classes, and social events. Indeed, the Mentoring Program seeks to train the next generation of bar leaders. The mission statement is as follows:

To enhance the experience of junior attorneys in the legal profession by providing the tools and resources necessary for their professional and personal development through mentoring services, customized CLE programs, and active bar association membership.

The pilot program proved to be so successful that it became a permanent NYCLA program in the fall of 2010. At the beginning of 2011, the NYCLA Mentoring Program expanded in its second round by increasing the number of mentor/mentee pairs to twenty. In addition to the one-on-one relationships, the program is supplemented with CLE programs designed to address the specifically requested needs of the mentees and informal monthly networking receptions. The number of applicants for the twenty mentee positions in the program exceeded 150 submissions—demonstrating the increasing popularity, desire, and need for such a program. The NYCLA Mentoring Program continues to be an overall success, and will begin its third round at the end of 2011.

While bar associations such as NYCLA are leading the way in New York by creating voluntary mentoring

programs, some states are addressing the need for mentoring by implementing mandatory programs on a statewide level. For example, the Georgia, Utah, South Carolina, and just recently the Oregon5 bars have all established mandatory mentoring requirements for new attorneys in their states. As expressed in the NCYLA Task Force Report on Professionalism, the need for proper mentoring programs is paramount, and therefore it is commendable that these states are at the forefront of addressing this growing need.

Recently, the New York State Bar Association (“NYSBA”) Task Force on the Future of the Legal Profession

(the “NYSBA Task Force”) in a Draft Report issued January 2011 addressed the need to reconsider the way in which we train lawyers and help new lawyers develop their professional identities. The Report suggests that mandatory mentoring in New York may be an effective way to assist newly admitted lawyers in their professional development. However, before a mandatory program can be implemented in New York State, serious issues must be considered. As NYCLA’s Task Force on Professionalism’s Response to the Draft Report of the NYSBA Task Force on the Future of the Legal Profession stated, “[w]e strongly encourage mentoring for junior lawyers several years removed from law school as well. . . [t]he challenges and decisions that a junior lawyer faces may differ from those of newly admitted attorney, but are no less critical to his or her professional development.”6

Without addressing some of the realities of mentoring programs, a mandatory program could face many

severe challenges if implemented in New York. First of all, there are the considerable administrative costs of

5 See Karen Sloan, Mentorships Are Made Mandatory: With the Old Firm Model Breaking Down, States Seek a Way to Promote Profes-sionalism, 20 THE NATIONAL LAW JOURNAL, 33 (January 17, 2011). 6 See NYCLA’s Response to the Draft Report of the NYSBA Task Force on the Future of the Legal Profession, approved by the Board of Directors of the New York County Lawyers’ Association at its regular meeting on March 14, 2011, reprinted in the Reports section of Volume 2, supra.



BY BARI CHASE AND ZACHARY CRONIN regulating and coordinating a mentoring program, especially on the massive scale that would be necessary in New York City alone, let alone the entire state. And while some states have been charging administrative fees to newly admitted attorneys to cover such costs, it is important to keep in mind that levying more expenses on new attorneys—in addition to their education debt, registration fees, CLE class costs, etc.—could create an even more stressful environment than presently exists, which is the opposite of what a mentoring program is seeking to accomplish.

Besides the administrative costs, there are the concerns of how a mentoring relationship can be affected if it is mandated instead of voluntarily participated in. In the experience of the NYCLA Mentoring Program Board, the selection process demonstrated that one of the most important characteristics of what makes a good mentee is the legitimate desire to be mentored. Therefore, mandating mentoring could potentially diminish the quality of a mentoring relationship significantly, possibly to the point of complete inefficacy. To that end, it has been said that “[m]entoring cannot be mandated. A mentor must want to mentor, and a protégé must want to be mentored.”7 Likewise, requiring all experienced members of the bar to serve as mentors can have diminishing returns. Given the day-to-day pressures on attorneys, it takes a special type of person who will devote the time and energy required to effectively mentor a young colleague. Having a less than committed person as a mentor can only lead to additional frustration and disillusionment. Yet, it also must be noted that the mentoring relationship is not just a one-way street. Experience has shown that mentors also learn a great deal from their mentees, especially in the area of how to incorporate the ever-changing use of technology into the practice of law. Despite all the lofty goals of the voluntary mentoring programs, the potential benefits and advantages of any mentoring relationship may render mandatory mentoring the necessary avenue to expand access to programs like the NYCLA Mentoring Program to all the attorneys who need it.

The potential ethical risks inherent in any formalized mentoring relationship must also be noted. Indeed the

Oregon Bar has issued a formal opinion8 highlighting the potential threat to disclosing confidential client information9 and the risks of conflicts of interest when mentors and mentees are not members of the same firm. The opinion offers practical guidance for dealing with those issues, including suggestions that are as relevant in New York State as they are in Oregon, which also follows the Model Rules.10 It is also good practice to have both a mentoring plan, outlining the mentee’s specific goals and activities to be engaged in with the mentor, as well as a mentoring agreement, signed by both parties, which spells out the rules of engagement.

Through initiatives like the NYCLA Task Force Report on Professionalism, it has been shown that mentoring

is a pressing need for the members of the legal community. For the sake of educating the next generation of lawyers on the rigors and challenges of being an attorney, and therefore improving the profession as a whole, it is the duty of experienced attorneys to pass down the knowledge that they have learned. Mentors can certainly 7 See May Eckstein, If I Knew Then What I Know Now, THE BENCHER (January/February 2005). 8 Oregon Formal Opinion No. 1022-184 (March 2011). 9 See Rule 1.6. 10 For example, the mentee may pose a question about a client matter as a general hypothetical, obtain a client’s “informed consent” to consult with the mentor about a particular client matter, or refrain from discussing any matters where there is a likelihood that a conflict of interest could occur.



BY BARI CHASE AND ZACHARY CRONIN gain a great deal from being a mentor, but it must be noted that it is still a burden on the mentor to take a new lawyer under his or her wings. For mentors to be effective, they must be willing to give up their time and counsel, and must be appreciated for doing so. And while there is a need to address the concerns of newly admitted attorneys, there is also a need to address the ongoing challenges faced by slightly more experienced lawyers—as the NYCLA Mentoring Program does. Mandating mentoring in New York State may indeed help many new lawyers, but it is the attorneys who truly desire mentoring who will benefit from it most, and only from those mentors who truly wish to improve their profession as a whole. Mentoring programs could be the best ways to promote collegial relationships and build a sense of community within the legal profession. For if a mentoring relationship truly works, the bond formed between the mentor and mentee will go on indefinitely.

ADAPTED FROM THE NEW YORK RULES OF PROFESSIONAL CONDUCT, VOL. II, FALL 2011 EDITED BY NEW YORK COUNTY LAWYERS’ ASSOCIATION ETHICS INSTITUTE

Elizabeth Cronise McLaughlin is a former high-powered Wall Street lawyer turned Executive Coach. She is a graduate of Carnegie Mellon University and George Washington Law School. She works with executives in professional and personal turmoil to get them to new levels of success on their own terms. Her specialties include career transition, job hunting in the new economy, overcoming limiting beliefs, and addressing shame. Elizabeth has been featured in Forbes, The New York Times and Yoga Journal, on international television and radio, and has taught courses at Columbia University and in corporate and non-profit settings to thousands of executives worldwide. Elizabeth works with clients one-on-one nationally and internationally via phone and Skype, and through group coaching and online programs. Her latest program, The Ultimate Job Seeker's Toolkit, launches April 2nd. To learn more, go to emclaughlin.com, or connect with her on Facebook and Twitter.

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MENTORING FOR NSTITUTE LAWYERS HOW TO FIND /BE THE … for Lawyers 03.31.14.pdf · talents: A good mentor will push you to do more with your strengths, and help you discover and exploit