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ICLE MARCH 2019GROUP

MENTORING

PROGRAM MATERIALSMarch 12, 2019

GROUP MENTORING of 138


FORWARD


AGENDA


Who are we?

SOLACE is a program of the State

Bar of Georgia designed to assist

those in the legal community who

have experienced some significant,

potentially life-changing event in their

lives. SOLACE is voluntary, simple and

straightforward. SOLACE does not

solicit monetary contributions but

accepts assistance or donations in kind.

Contact [email protected] for help.

HOW CAN WE HELP YOU?

How does SOLACE work?

If you or someone in the legal

community is in need of help, simply

email [email protected]. Those emails

are then reviewed by the SOLACE

Committee. If the need fits within the

parameters of the program, an email

with the pertinent information is sent

to members of the State Bar.

What needs are addressed?

Needs addressed by the SOLACE

program can range from unique medical

conditions requiring specialized referrals

to a fire loss requiring help with clothing,

food or housing. Some other examples

of assistance include gift cards, food,

meals, a rare blood type donation,

assistance with transportation in a

medical crisis or building a wheelchair

ramp at a residence.


A solo practitioner’s

quadriplegic wife needed

rehabilitation, and members

of the Bar helped navigate

discussions with their

insurance company to obtain

the rehabilitation she required.

A Louisiana lawyer was in need

of a CPAP machine, but didn’t

have insurance or the means

to purchase one. Multiple

members offered to help.

A Bar member was dealing

with a serious illness and in

the midst of brain surgery,

her mortgage company

scheduled a foreclosure on

her home. Several members

of the Bar were able to

negotiate with the mortgage

company and avoided the

pending foreclosure.

Working with the South

Carolina Bar, a former

paralegal’s son was flown

from Cyprus to Atlanta

(and then to South Carolina)

for cancer treatment.

Members of the Georgia and

South Carolina bars worked

together to get Gabriel and

his family home from their

long-term mission work.

TESTIMONIALS

In each of the Georgia SOLACE requests made to date, Bar members have graciously stepped up and used their resources to help find solutions for those in need.

The purpose of the SOLACE program is to allow the legal community to provide help in meaningful and compassionate ways to judges, lawyers,

court personnel, paralegals, legal secretaries and their families who experience loss of life or other catastrophic illness, sickness or injury.

Contact [email protected] for help.


TABLE OF CONTENTS

FORWARD ............................................................................................................................4

AGENDA ...............................................................................................................................5

Speaker Biographies .............................................................................................................9

Welcome and Program Overview .......................................................................................20

TILPP Materials...................................................................................................................21

TILPP Forms ........................................................................................................................59

TILPP|10 Spotlight: Lawyers Living Well ..............................................................................80

The Professional and PersonalValue of Pro Bono ...............................................................................................................95

Client Communica on andOnline Reputa on Management....................................................................................... 109

Strategies for Working Virtually ........................................................................................ 119

Appendix .......................................................................................................................... 139

Speaker Biographies


TRANSITION INTO LAW PRACTICE PROGRAM

GROUP MENTORING

SPEAKER BIOS (arranged alphabetically)

March 12, 2019


MICHELLE WEST

Michelle West became Director of the Transition into Law Practice Program for the State Bar of Georgia in November of 2013. Previously, West was founder and owner of M West Legal, LLC, a general practice law firm that focused primarily on family, juvenile, real estate and immigration law. She has practiced law in Georgia since 2002. Throughout her career, she has worked in various legal settings ranging from large law firm, small firm, nonprofit, public interest, in-house corporate, government sector and solo practice, assisting clients with varied and diverse backgrounds. West is a certified mediator in civil, domestic, juvenile delinquency and deprivation/ dependency, and domestic violence matters. West also holds an Executive

Leadership Coaching certification from Georgetown University.

West is a staff liaison to the Chief Justice Commission on Professionalism, the State Bar of Georgia Professionalism Committee and the Continuing Lawyer Competency Committee. Currently, immediate past President of the Georgia Association for Women Lawyers (GAWL), West has been a member of the GAWL since 2008 and has served as: the local Gwinnett Chapter vice president and president, chair of the programs committee, and vice president and co-chair of the leadership committee. She has also served on the American Bar Association Hispanic Rights and Legal Responsibility Commission, city of Lilburn Alcohol Review Board, the Partnership Gwinnett Diversity Leadership Council, the American Heart Association Go Red for Women Board, the People’s Center Board, the Gwinnett Neighborhood Leadership Institute (GNLI) Growth and Infrastructure Day Planning Committee, and the American Immigration Lawyers Association Donation’s Committee. West currently serves on the following city, county, national and community boards: American Bar Association Commission on Professional Responsibility, National Legal Mentoring Consortium, Forever Family, Inc., Gwinnett County Zoning Board of Appeals, and the city of Lilburn Planning Commission.

West received her J.D. from Emory University School of Law and her B.S. in Foreign Service from Georgetown University, where she studied International Law, Relations and Organization as well as receiving a certificate in Latin American studies along with proficiency status in the Spanish language. She attended academic programs in Ecuador, Canada, Italy, Spain and Costa Rica, and she taught English at La Escuela Politécnica Nacional in Quito, Ecuador, through the World Teach Program. West is a graduate of Leadership Gwinnett, the Gwinnett Neighborhood Leadership Institute, the Lilburn Citizen’s Police Academy, the Gwinnett Citizens Academy, the GAWL Leadership Academy, the Georgia Association of Black Women Attorneys (GABWA) Judicial and Public Office Academy, and the State Bar of Georgia Young Lawyers Division Leadership Academy.

West’s past speaking engagements include the National Legal Mentoring Consortium, GAWL Life in the Law Seminar Series, GAWL Leadership Academy, GABWA Professional Development Academy, Solo and Small Firm Seminar, GAWL New Lawyers Affinity Roundtable, and the Family and Immigration Law Seminar. She currently speaks on professional and personal development, mentoring, and leadership. In her free time, West enjoys time with family and friends, hiking and exploring nature’s magnificent wonders, and traveling the world.


JANA J. EDMONDSON-COOPER

U.S. Dept. of Labor-Office of the Solicitor, litigates labor and employment matters against employers in administrative forums and courts of law focusing on cases involving violations of the “H” provisions of the Immigration and Nationality Act—provisions regulating the working conditions of workers who enter the U.S. via temporary work visas, a significant number of whom are limited English proficient (LEP)—, the Migrant and Seasonal Workers Protection Act, Occupational Safety and Health Act, Mine Safety and Health Act, & other federal labor laws. A former legal interpreter and legal aid attorney, Ms. Edmondson-Cooper also works to alleviate language access as an access to justice issue. With over a decade of

language access experience, Ms. Edmondson-Cooper is a seasoned language access consultant whose advocacy includes contributing to the development of local, state and federal language access policies and the development of state and national curricula for training attorneys and judges on language access as an access to justice issue. Appointed by the Supreme Court of Georgia, Ms. Edmondson-Cooper is a member of the Court’s Commission on Interpreters and the Judicial Council of Georgia’s Access to Justice Committee. She has authored several publications on language access including “Ch. 11: Appointing Qualified Interpreters” in the 2016 [GA] State Court Benchbook which has been subsequently adopted by several other Georgia courts. Ms. Edmondson-Cooper’s commitment to access, equity, and justice has been acknowledged statewide and nationally, including, recognition by the Fulton County Daily Report as 1 of 40 Georgia lawyers under age 40 named a rising legal star to watch, recognition by former Gov. Nathan Deal (R-GA) and the Georgia Commission on Equal Opportunity, selection to the Fellows of the American Bar Foundation, and recognition by the National Bar Association and the American Bar Association (ABA) as one of the nation’s top 40 young lawyers who exemplify a broad range of high achievement, innovation, vision, leadership and legal and community involvement. A graduate of Spelman College and Mississippi College School of Law, Ms. Edmondson-Cooper is also the recent recipient of the ABA’s National Outstanding Young Lawyer Award. Additional details about Ms. Edmondson-Cooper’s advocacy may be found at www.linkedin.com/in/jjecesq/.


R. JAVOYNE HICKS

R. Javoyne Hicks was appointed to serve as the DeKalbCounty State and Magistrate Courts Clerk by the Judges ofthe DeKalb County State and Magistrate Courts. As such,she is responsible for the management of public records forCivil Law Suits, Garnishments, Eviction Proceedings,Personal Property Foreclosures, Domestic ViolenceHearings, Traffic Violations, Ordinance Violations andCriminal Misdemeanor cases in DeKalb County, Georgia.Prior to coming to the Clerk’s Office, Ms. Hicks servedDeKalb County as the Deputy Chief Assistant Solicitor-General in charge of the Diversion Programs for the

Solicitor-General’s Office. She supervised and expanded the operations of several Diversion Programs designed to give first time and youthful offenders and those with special circumstances a second chance at opportunities to avoid criminal prosecution.

Ms. Hicks returned to DeKalb County after serving the federal government as the Chief of Staff of the Environmental Protection Agency, Region 4. She oversaw the different offices in the 8 states of the southeast including Kentucky, North Carolina, South Carolina, Georgia, Alabama, Mississippi and Florida. As the Chief of Staff, Ms. Hicks implemented high level policy decisions, community engagement initiatives and executed organizational processes to help facilitate the Region’s high-caliber technical, financial, legal and administrative performance. Ms. Hicks focused on Environmental Justice and Sustainability and led the Region in its ability to meet critical deadlines while managing the overall health and maintenance of the organization and its people.

Prior to embarking on her environmental career, Ms. Hicks worked as a prosecutor for more than 17 years. She served as the Acting District Attorney and the Chief Assistant District Attorney in DeKalb County, Georgia. She managed the office’s domestic violence/sexual assault units, white collar crime division, drug court, a pre-trial diversion program, the grand jury and the office’s juvenile court unit. She also supervised the child support unit, support staff and oversaw the development and implementation of office policies and procedures, human resources and the budget.

Ms. Hicks also served as an Assistant Attorney General in the Georgia Attorney General’s Office and as an Associate Magistrate in DeKalb County. She served as an Assistant District Attorney in three judicial circuits in Georgia. Ms. Hicks is a past president of the DeKalb Bar Association and served on the boards of Georgia Association of Black Women Attorneys and Leadership Georgia. She presently serves as a member of the State Bar of Georgia’s Board of Governors.

Ms. Hicks is a native of Raleigh, North Carolina and graduate of the University of North Carolina at Chapel Hill, where she earned her undergraduate and law degrees. She is also the proud mom of two daughters, Victoria and Sydney.


NATALIE ROBINSON KELLY Natalie Robinson Kelly is the Director of the State Bar of Georgia’s Law Practice Management Program, which provides practice management and technology consulting and training to Georgia Bar members. Natalie received her B.A. in English with a minor in Political Science from Spelman College, and her J.D. from Atlanta’s John Marshall Law School.

She is an Adjunct Professor, having taught Law Office Management at Atlanta’s John Marshall, and currently co-teaches Law Practice Technology at Georgia State University School of Law. She is a certified consultant on multiple legal software applications, and has conducted over 1,200 onsite

consulting visits with Georgia law firms and legal departments over the past 23 years. She was named the 2005 State Bar Georgia Employee of the Year.

Natalie has presented in 15 states, Puerto Rico and the U.S. Virgin Islands. She was Chair of ABA TECHSHOW 2014; named to the ABA’s 2015 inaugural list of Women in Legal Tech; inducted into the College of Law Practice Management; and selected as a 2015 Fastcase 50 Honoree for being one of the law’s smartest, most courageous innovators, techies, visionaries, and leaders. Natalie co-authors the blog, Georgia Practice Advisor, on practice management and ethics. In 2016, Natalie received the highest ABA Law Practice Division publications award, the Robert P. Wilkins Award for best feature article in its magazine, Law Practice.

Natalie resides in Atlanta with her husband, Charles; and they have three daughters, Roschelle, Charlise and Christina.

You can follow Natalie on Twitter @NatalieRKelly or contact her at [email protected].


MICHAEL LUCAS

As Deputy Director of The Atlanta Volunteer Lawyers Foundation (AVLF), Michael is responsible for AVLF’s day-to-day operations, managing its relationships in the community and overseeing all of the Foundation’s provision of legal services. Michael previously served as the Director of Housing and Consumer Programs atAVLF, managing a variety of programs that provide legal representation to low-income individuals and litigating in the areas of landlord-tenant law, unpaid wages, debt-defense and debt collection.

Michael came to AVLF after working as a Staff Attorney for the Georgia Legal ServicesProgram, representing low-income Georgians in a variety of civil matters. Prior to coming to Georgia, Michael was a fellow at Public Justice, P.C., a national public interest law firm in Washington, D.C.; he also spent several years working for change in the Texas state legislature. Michael, who holds a Masters in Social Work from the University of Texas at Austin and a law degree from the University of California at Berkeley, spent his final year of law school studying at Harvard Law School and clerked for the Honorable Catherine C. Blake of the United States District Court for the District of Maryland in Baltimore before beginning his legal career.

In addition to his work at AVLF, Michael sits on the executive committees of the boards of directors of both the Public Interest Law Section of the Atlanta Bar Association andLawyers for Equal Justice, one of the country’s largest legal incubator programs, supporting new lawyers to start innovative, socially conscious law practices providing affordable services to low and moderate income clients. Michael has received numerous awards in recognition of his work in the community, including the Daily Report’s “On the Rise Class of 2014”, the Anti-Defamation League’s “Stuart Eizenstat Young Lawyer Award” and the Georgia State College of Law’s Public Interest Law Association’s “Serving Others and Achieving Results (S.O.A.R.)” award.


JENNY MITTELMAN

Jenny K. Mittelman is Deputy General Counsel for the State Bar of Georgia where she prosecutes disciplinary cases and gives ethics advice. Ms. Mittelman went to work in the Office of the General Counsel of the State Bar in 1989 after working for the Atlanta Legal Aid Society. A native of Richmond, Virginia, Ms. Mittelman is a graduate of the University of Virginia and Emory University School of Law. Ms. Mittelman is an adjunct professor at Georgia State University School of Law where she teaches Professional Responsibility.


HON. CATHERINE M. SALINAS

Katie Salinas is a United States Magistrate Judge in the Northern District of Georgia. A graduate of Emory University and the University of Texas School of Law, she began her legal career in 1994 at Texas Rural Legal Aid on the Mexican border. Judge Salinas returned to Atlanta in 1999 and worked as a staff attorney at the Eleventh Circuit Court of Appeals, a Fulton County Public Defender, and then as a law clerk to United States District Judge Willis B. Hunt, Jr. Immediately prior to joining the judiciary, Judge Salinas was a partner at the national law firm Carlton Fields, where she worked for ten years as a commercial litigator. Judge Salinas is a past president of the Atlanta Legal Aid Society and currently serves on the Access to Justice committee of the State Bar of Georgia. She also enjoys participating in events sponsored by the Georgia Association for Women Lawyers.

Welcome and Program Overview

Presented By:Michelle E. WestState Bar of GeorgiaAtlanta, GA


TILPP MATERIALS


Michelle E. West

Director, Transition Into Law Practice Program404 527 8704

March 4, 2019

State Bar of GeorgiaTransition Into Law Practice Program

presents

404.527.8704 [email protected]

March 4, 2019

Jodi Lewis LipsitzMichelleWest FekaduAbebe

Is the MANDATORYContinuing Legal Education (CLE)

requirement for newly admitted lawyers,which consists of bothMentoring and CLE.

March 4, 2019

The program is to be completedin the 1st year of practice.


March 4, 2019

TILPP seeks to impart:Practical SkillsSeasoned JudgmentSensitivity to EthicsProfessionalismValues

TILPP = Mentoring + CLE

First to initiate a formalizedmandatorylegal mentoring program2006 10Years in the MakingEntering 13th year of the programVolunteer (after 5 years) –Mentor, Speaker, HostSupremeCourt of GeorgiaAppointment

March 4, 2019

TILPP consists of 2 components:1. MENTORING2. CLE

BOTH components must be satisfied in orderto complete and exit TILPP

March 4, 2019


1. MentoringThree types of mentoringPractice setting determines type of mentoringYou complete a mentoring plan ormentoringsessions

2. CLEYou attend 12 total hours

March 4, 2019

Inside Mentoring (IM)law firm or legal organization with your mentor

Outside Mentoring (OM)full time sole practitioner and your mentor works outsideof your firm

Group Mentoring (GM)a non legal setting, a part time or contract position (incertain instances), seeking employment, or not pairedwith mentor

March 4, 2019

66%6%

28%

Beginning Lawyers by Mentoring TypeWith Deadlines of June 30, 2019 and December 31, 2019*

Inside

Outside

Group

March 4, 2019

*Total of 855 Beginning Lawyers – 27% June Deadline; 73% December Deadline


New LawyersEnrolled since 2006: 12,855Approximately 960 beginning lawyers per yearenroll*

anestimated 710 fromJulyBar exam225 fromFebruaryBar exam70 percent: Inside Mentoring22 percent: Group Mentoring7 percent: Outside Mentoring

Compliance Rate Prior toGrace Period: 95%

March 4, 2019

*Through February 2019

Occurs in your year of admission and thefollowing calendar year.Based on your practice setting.

March 4, 2019

DEADLINES

SWORN IN DEADLINE

January 1 through June 30 June 30th

July 1 through December 31 December 31st

You should be in Group Mentoring if you are:Employed in a non legal setting

Employed as a contractor

Working in a part time legal position

Not paired with a mentor

In solo practice, or

Seeking employment

March 4, 2019


90 Days After Admission During the 1st year

MandatoryAdvocacy Experiences(MAEs)

Beginning Lawyers Program(March 26 andOctober 22)

6Additional CLEs of your choice

2Group Mentoring Events(March 12, May 21, August 20)

March 4, 2019

To register for all CLEs andGM seminars, go to:https://www.gabar.org/membership/tilpp/

1) Unemployment

2) Job/Mentor Change

3) Mandatory Advocacy Experiences(MAEs)

4) Compliance

March 4, 2019

1. Youmay nominatementor on your own (OutsideMentoring2.Enroll inGroupMentoring

However…Consider “Inactive Status” – see MembershipFAQ #28 on State Bar ofGeorgia website:www.gabar.org

Also…Review “Job Resources” on State Bar ofGeorgiawebsite.

March 4, 2019


Temporary TILPP deferment and reduced dues

Contact the Membership Department [email protected] or call 404.527.8777

Submit an Exemption/Deferment Affidavit

Upon reactivation, your TILPP compliance wouldoccur in connection with your practice setting

March 4, 2019

Remember…Your Practice Setting =YourMentoringTypeEmployment change may affect mentoring typeUseMigration Form (available online)

Remember…State Bar Rule 1 207 requires a current address.

March 4, 2019

March 4, 2019


March 4, 2019

“Prior to appearing as sole orlead counsel in the Superior orState Courts of Georgia in anycontested civil case or in thetrial of a criminal case, anynewly admitted active member… shall complete themandatory AdvocacyExperiences of theTransitionInto Law Practice Program . . .

March 4, 2019

TILPP requires completion of theMAEs by all Beginning Lawyers, evenif you are not currently appearing incourt.The language of MAEs beingcompleted before appearing as sole andlead counsel is a benchmark, so thatattorneys who do plan to appear incourt immediately upon the start oftheir practice without any in courtexperience have a gauge as to howsoon they should complete the MAES.It is not meant to provide exclusion tothose who do not plan to appear assole or lead counsel.

March 4, 2019


HowDo IComplywithTILPP?

Group Mentoring?CLE–attendanceisautomaticallyreportedtoTILPPMentoring – attendance is automatically reported

Remember…Compliance reminders are emailed (or mailed)State Bar Rule 1 207 requires a current address. Please useYOURmailing address and not the address of the State Bar ofGeorgia.

March 4, 2019

March 4, 2019

March 4, 2019

March 4, 2019

March 4, 2019


March 4, 2019

March 4, 2019

March 4, 2019

90 Days After Admission During the 1st year

MandatoryAdvocacy Experiences(MAEs)

Beginning Lawyers Program(March 26 andOctober 22)

6Additional CLEs of your choice

2Group Mentoring Events(March 12, May 21, August 20)

March 4, 2019

RECAP

To register for all CLEs andGM seminars, go to:https://www.gabar.org/membership/tilpp/


Group MentoringSeminars vs. CLE

March 12, May 21 & August 20Beginning Lawyers Program

March 26 and October 22

Must take 2 out 3 GMSeminars12 Credits: Beginning LawyersProgram (6) plus 6 additionalcredits of your choice

Counts as MentoringCredit Only, NOT as CLE Counts as CLECredit

Reported toTILPP by ICLEwithin 30 – 45 days

Reported toTILPP by ICLEwithin 30 – 45 days

Will NOT appear on your CLEtranscript/report

Will appear on your CLEtranscript/report

GM Seminars and CLEs are BOTH Mandatory!

March 4, 2019

March 4, 2019

1. Include your Bar Number on allcommunications withTILPP and ICLE.

2. Email is the best method to use toachieve a quick response fromTILPP.

3. When sending email to [email protected],always putTILPP in the subject line.

4. Alwaysmake a copy of all submissions toTILPP.

Deadline: March 31, 2019

Email to: [email protected]

March 4, 2019


Help us improve the seminar byresponding to our survey!

Check us out online athttps://www.gabar.org/membership/tilpp/

Download the Group Mentoring Manual.

Send us an email at [email protected]

Give us a call 404 527 8704

March 4, 2019

R. Jayvone HicksWellness Committee, State Bar of Georgia

DeKalb State and Magistrate Courts, Decatur

March 4, 2019

Jana J. Edmondson-CooperU.S. Department of Labor –Office of the Solicitor, Atlanta

Michael LucasAtlantaVolunteer Lawyers Foundation, Atlanta

Hon. Catherine M. SalinasUnited States District Court, Atlanta

March 4, 2019


March 4, 2019

Jenny MittelmanOffice of General Counsel

State Bar of Georgia

March 4, 2019

Natalie R. KellyDirector, Law Practice Management Program


March 4, 2019


Revised 2018-09-13

Group Mentoring Below please find a summary of action items, required forms, important dates, and submission and compliance deadlines for TILPP Group Mentoring. For a more in-depth explanation of Group Mentoring, please reference the Group Mentoring Manual found under Resources.

WHO If you are employed in a non-legal setting, unemployed, employed part-time or not paired with a mentor.

WHAT

In order to enroll and comply with the program you must first complete and mail in the following forms within 90 days of being sworn-in:

• Enrollment Form• Complete and submit the Mandatory Advocacy Experiences form (MAEs).

Once you have completed the above, you are required to: Attend the Beginning Lawyers Program for 6 CLE hours1;

• Attend additional seminar(s) to earn 6 additional CLE hours2;• Participate in and complete two Group Mentoring seminar. One seminar must be live; the other

seminar may be viewed online.

WHEN

Enrollment and Compliance Deadline Submit the Enrollment and MAE forms within 90 days of being sworn-in.

Beginning Lawyers Program (BLP) Deadline This program is held annually in February with a rebroadcast in March and October. Information about the program can be found under TILPP News & Events.

Group Mentoring Events (GMEs) These seminars are held annually in March, May and August3. Information about these seminars can be found under TILPP News & Events.

Mentoring and CLE Deadlines If sworn-in from January 1 - June 30, you must complete TILPP by June 30th of the following year. If sworn-in from July 1 - December 31, you must complete TILPP by December 31st of the following year.

WHERE

Location TILPP programs and seminars are held at the Bar Center in Atlanta and broadcast to the Coastal Georgia office in Savannah and the South Georgia office in Tifton.

Program Registration You may register for all TILPP programs through the Institute of Continuing Legal Education (ICLE) website: www.iclega.org.

HOW

In order to complete the Program, please:

1. Complete and submit your Mandatory Advocacy Experiences (MAEs) within 90 days of being sworn-in; 2. Complete your 12 mandatory CLE hours (including the Beginning Lawyers Program).

RESOURCES

All resources can be found on the TILPP page of the State Bar of Georgia website.

Group Mentoring Manual Forms FAQs

1 The Beginning Lawyers Program accounts for 6 hours (one-half) of your 12 hour CLE requirement. You must obtain 6 additional CLE credits from other seminars. BLP Replay: Annually, in March and October at the Bar Center. If you miss the live event or replay, you may view it online typically beginning in April, by registering for the online version at www.iclega.org. (PLEASE NOTE: You can only view 6 hours of CLE online in a given year.) You can search for upcoming seminars by date or topic at www.iclega.org. 2 You receive mentoring credit only for Group Mentoring seminars, not CLE hours. You must obtain 6 additional credits from another seminar(s) to satisfy your 12 hour mandatory CLE requirement. 3 Only the March and August Group Mentoring seminars are videotaped. The March seminar is available for viewing for approximately five months after taping, and the August seminar is available for viewing for approximately six months after taping.


GROUPMENTORING

MANUALRESOURCES FOR BEGINNING LAWYERS

IN GROUP MENTORING

TRANSITION INTO LAW PRACTICE PROGRAM

To provide professional guidance and counsel to assist beginning lawyers newlyadmitted to the State Bar of Georgia in acquiring the practical skills, judgment andprofessional values necessary to practice law in a highly competentmanner.

IF YOU QUALIFY FOR ASSISTANCE UNDER THEAMERICANS WITH DISABILITIES ACT,

PLEASE CALL 404 526 8627 FOR ASSISTANCE.


GROUP MENTORING MANUAL

GROUP MENTORING MANUAL Page 2 of 21 Revised February 28, 2019

Compiled by

Transition Into Law Practice Program(Revised 02.2019)

TABLE OF CONTENTS

What If You Change Jobs? 3

Notice 4

Points Of Contact 5

Compliance Notice 6

Mandatory Advocacy Experiences 8

Group Mentoring Timeline 10

Frequently Asked Questions and Answers 12

10 Years in the Making 18

APPENDIX OF FORMS 20




WHAT IF YOU CHANGE JOBS?

Your Practice Setting DeterminesYour Mentoring Status

If your employment status changes, your Mentoring status also changes. Administratively, theProgram refers to a change from one Mentoring status to another Mentoring status as a“Migration”. The Migration request is made in writing using the Migration Form found in theAppendix of Forms in this Manual. If your employment changes half way during yourmentoringyear, please consult our office prior to completing the form to determine the best option foryour current status.

GROUP MENTORING INACTIVE STATUS:If you are not currently practicing law and are uncertain about when – or if – you will beginpracticing law, you should consider Inactive Status. The State Bar of Georgia website(www.gabar.org) contains a discussion of the benefits of Inactive Status.

GROUP MENTORING INSIDE MENTORING:If you are in Group Mentoring and obtain a job with a law firm or legal organization, yourmentoring status changes to Inside Mentoring, and you should nominate a Mentor from withinyour firm or organization. See the Inside Mentoring Manual for more details.

GROUP MENTORING OUTSIDE MENTORING:If you are in Group Mentoring and decide to open your own law practice as a sole practitioner,your mentoring status changes to Outside Mentoring, and you should nominate an OutsideMentor of your choice, or contact the Program Director. See the Outside Mentoring Manual formore details.




NOTICE

Does This Manual Apply To You?

The material in this Group Mentoring Manual will NOT apply to most Beginning Lawyersenrolled in the Transition Into Law Practice Program, because several statewide organizations,and many law firms, that routinely employ numerous newly admitted Georgia attorneys havedeveloped Master Mentoring Plans that will apply to all of their newly admitted Georgiaattorneys who are subject to the Transition Into Law Practice Program.

If you are a Beginning Lawyer or a Mentor employed as a District Attorney, a Solicitor (enrolledin conjunction with the Prosecuting Attorneys Council of Georgia), a Public Defender (enrolledin conjunctionwith the Georgia Public Defender Council), the Georgia Legal Services Program,or with the State Law Department, please contact your office or organization contact personfor the Transition Into Law Practice Program details about the mentoring plan and proceduresapplicable to your practice setting.

If you are a Beginning Lawyer or a Mentor employed with a law firm that routinely employsnumerous newly admittedGeorgia attorneys, please contact your office or organization contactperson for the Transition Into Law Practice Program for details about the mentoring plan andprocedures applicable to your practice setting.




POINTS OF CONTACT

SEMINAR REGISTRATION QUESTIONS

Institute of Continuing Legal Education inGeorgia (ICLE):P.O. Box 117210Atlanta, GA 30368Phone: 678.529.6688Email: [email protected]: www.iclega.org

CLE TRANSCRIPT, REPORTING AND HOUR VERIFICATION

State Bar of Georgia Continue Legal Education (CLE) Department104Marietta Street NW, Suite 100Atlanta, GA 30303Phone: 404.527.8710Fax: 404.527.8717Email: [email protected]: www.gabar.org (log on to view your CLE report)

TILPP MENTORING AND CLE COMPONENT QUESTIONS

State Bar of GeorgiaTransition Into Law Practice Program104Marietta Street NW, Suite 100Atlanta, GA 30303Phone: 404.527.8704Fax: 404.225.5041Email: [email protected]: www.gabar.org




COMPLIANCENOTICE

A QUICK PROGRAM OVERVIEW FOR YOUR INFORMATION




Your compliancewith themandatory State Bar of Georgia Transition Into LawPractice Program

(“Program”) consists of two (2) components: a continuing legal education (“CLE”) component

and a mentoringcomponent.

1. CLE Component (State Bar Rule 8 104(B), Regulation (1)(C)(i)):Youmustattendand obtain

CLE courses equivalent to at least 12 credits, inclusive of the Beginning Lawyers Program

(BLP). Please check the TILPP page of the State Bar’s website for dates and times of

applicable CLE activities or contact the Institute for Continuing Legal Education (“ICLE”) at

www.iclega.org or678.529.6688.

2. Mentoring Component (State Bar Rule 8 104(B), Regulation (1)(C)(ii)): Your compliance

with the mentoring component will occur in a Group Mentoring setting, utilizing activities

based upon the Model Mentoring Plan (See Model Mentoring Plan in Appendix of Forms of

this Manual).

3. What You Should Do Now: Review this Manual, which contains additional program

information, forms, checklists, and answers to frequently asked questions.

4. Dates, Times, Locations of Group Mentoring Events: Group Mentoring Events typically

occur annually in March, May and August. You will be notified via email and/or mail (if you

have no email address on file with the State Bar) of Group Mentoring Events. (Bar members

are required to keep current address information on file with the State Bar of Georgia (State

Bar Rule 1 207)).

Your successful completion of BOTH (mentoring and CLE) components of this Program satisfies

yourmandatory CLE requirements for the calendar year of your admission and the next calendar

year. (State Bar Rule 8 104(B)(1)).




MANDATORYADVOCACY

EXPERIENCES(OBSERVATIONS)

State Bar Rule 8–104(D)

&

Regulation (5) to State Bar Rule 8–104(D)




1. I have been admitted to practice, and I want to appear as sole or leadcounsel in any case. What do I do about the "Mandatory AdvocacyExperiences" requirement? (State Bar Rule 8-104 (D) and State Bar Rule 8-104(D), Regulation (5)).

Beginning Lawyers in Group Mentoring utilize the Model Mentoring Plan (See ModelMentoring Plan in Appendix of Forms of this Manual). Mandatory Advocacy Experiencereporting is done by completing and Mandatory Advocacy Experiences form. Pleaseremember that three (3) of the five (5) experiences may be attained after completingthe 2nd year of law school. The other two (2) experiences may be tailored to your practicesetting or may be webcasts of Georgia Supreme Court or 11th Circuit Court of Appeals oralarguments.

2. What does “lead counsel” mean for purposes of the Mandatory AdvocacyExperiences requirement?

“Lead counsel” is defined as “the attorney who has primary responsibility for making allprofessional decisions in the handling of the case”. State Bar Rule 8 104(D), Regulation (1)

3. Where can I obtain more information?

Refer to the Model Mentoring Plan, Section E, in the Appendix of forms located at the endof this manual.

PLEASE NOTE - TILPP MAE POLICY:TILPP requires completion of the MAEs by all Beginning Lawyers, even if you are notcurrently appearing in court. The language of MAEs being completed before appearing as soleand lead counsel is a benchmark, so that attorneys who do plan to appear in court immediatelyupon the start of their practice without any in court experience have a gauge as to how soonthey should complete the MAES. It is not meant to provide exclusion to those who do not planto appear as sole or lead counsel. You are allowed to provide three (3) experiences from lawschool. If you are unable to attend the remaining two (2) observations in person, you are allowedto watch oral arguments from the Georgia Supreme Court or the 11th Circuit Court of Appealswebsite. You are also allowed to observe other experiences relative to your practice setting suchas mediation, real estate closing transactions, contract negotiations, etc. Please ensure thatyour experience involves an actual observation and not an experience in which you are solelyparticipating. TILPP encourages you to use these observations as an opportunity to meetmore experienced attorneys and judges.




GROUPMENTORING

TIMELINEA SUMMARY OF THE SEQUENCE OF EVENTS




WHO WHAT NOTES

Beginning Lawyer Receives “pass letter” and certificate of eligibility foradmission to practice from Office of BarAdmissions.

Judge Administers oath of admission to practice law inGeorgia to Beginning Lawyer.

State Bar of Georgia Provides TILPP enrollment information toBeginning Lawyer.

Beginning Lawyer Submits State Bar registration form and TILPPenrollment form to State Bar of Georgia.

ProgramDirector Assigns Beginning Lawyer to Group Mentoring andforwards Compliance Notice to Beginning Lawyer.

ICLE of Georgia Forwards notices of Group Mentoring events toBeginning Lawyer at intervals throughout thetwelve (12) month mentoring period.

Beginning Lawyer Satisfies CLE component by attending required12 CLE course hours, inclusive of the BeginningLawyers Program (BLP).

Satisfies Mentoring component by attending 2Group Mentoring Events.

ProgramDirector Confirms Beginning Lawyer’s attendance atrequired number of Group Mentoring activitiesand certifies completion of MentoringComponent.

Checks Beginning Lawyer’s CLE transcript forcompliance with CLE component.

Provides Certificate of Program Compliance forBeginning Lawyers who complete both CLE andMentoring components.

Beginning Lawyer Exits Transition Into LawPractice Programand issubject to CLE Rules & Regulations governing allother State Bar of Georgia members, unlessexempted.

Considers serving as Mentor upon attaining 5year anniversary of admission to practice law inGeorgia!




FREQUENTLYASKED

QUESTIONSAND ANSWERS

FOR BEGINNING LAWYERS IN GROUP MENTORING




PROGRAM GOAL – ENROLLMENT – RESPONSIBILITIES

1. I am not currently practicing law or only practice part-time – why am Irequired to participate in Group Mentoring activities of the Transition Into Law Practice Program?

Because you have elected “ACTIVE” status with the State Bar of Georgia instead of“INACTIVE” status. Your compliance with TILPP is based upon your “ACTIVE” status,regardless of how much time, or how little time, you actually devote to the practice oflaw. (State Bar Rule 8 104(B)(1)).

TILPP is designed for Beginning Lawyers who are actually practicing law.

If you are not currently practicing law, you should consider taking “INACTIVE” status.

2. I want a Mentor assigned one-on-one to assist me. How does aBeginning Lawyer get assigned one-on-one to a Mentor?

There are three ways to transfer or migrate out of Group Mentoring and have anindividual Mentor:

(1) Open your own law practice (the ProgramDirector will assign an Outside Mentorto assist a sole practitioner who has opened their own law office, when requestedwithin 90 days after admission to practice);

(2) Work in association with a legal organization or law firm which agrees to assignan InsideMentor to assist you one on one; or

(3) Locate an Outside Mentor or Inside Mentor on your own.

NOTE: The ProgramDirector only assists Beginning Lawyers who are sole practitionersin locatingOutsideMentors and onlywithin 90 days after admission to practice.

3. I am in Group Mentoring, but I have located an attorney willing to serve as an individual Mentor for me (either through an employment change or on my own). What do I do next?

Complete and submit the Migration Form (see Appendix of Forms) to the ProgramDirector; and provide your potential Mentor with information for Mentors located underTILPP Documents on the TILPP page of the State Bar of Georgia website.

4. What is the goal of the Transition Into Law Practice Program(“Program”)?

The goal of the Program is to provide professional guidance and counsel to assistBeginning Lawyers who are newly admitted to the State Bar of Georgia in acquiring thepractical skills, judgment and professional values necessary to practice law in a highlycompetent manner.




5. How does a Beginning Lawyer enter the Program?

The State Bar of Georgia provides information about Program enrollment or exemptionto all attorneys newly admitted to practice in Georgia. For more information aboutProgram enrollment or exemption, call 404.527.8704 or email [email protected].

6. What are the Beginning Lawyer’s Responsibilities?

A. By satisfactorily complete the TILPP’s Mentoring Component by:

devoting the time required for this mandatory Program;

satisfactorily completing GroupMentoring activities; and,

B. by satisfactorily completing TILPP’s CLE Component.

7. How Do I Comply with The Mentoring Component?

Participate in six (6) hours of Group Mentoring activities. Generally, each individualGroup Mentoring activity lasts three (3) hours, but program agendas are subject tochange.

8. When are the Group Mentoring Activities?

GroupMentoring events generally occur inMarch,May and August, but future schedulesare subject to change. Advance notices of Group Mentoring activities are forwarded toBeginning Lawyers by ICLE of Georgia. You will receive notices via first class mail and/orvia email at the address you have on file with the State Bar of Georgia. [You are requiredto keep current address information on file with the State Bar of Georgia (State Bar Rule1 207)].

9. What If I Have a Date Conflict With The Group Mentoring Activities?

Attend a GroupMentoring event on an alternate date. Because some (but not all) GroupMentoring events are taped, youmay be able to view a video replay or internet steamingof a taped event by contacting ICLE of Georgia at [email protected], 678.529.6688, orwww.iclega.org.

10. How Much Is the Registration Fee For Group Mentoring Activities?

Fee information is provided in the advance notice forwarded to you by ICLE of Georgia.

11. How Many CLE hours do I receive for Group Mentoring Programs?

You do not receive CLE hours for Group Mentoring Programs, because yourattendance at Group Mentoring Programs satisfies TILPP’s Mentoring component. Youdo receive CLE hours for attending CLE programswhich satisfy TILPP’s CLE component.

12. Why Do I Have to Pay for Group Mentoring Activities?

Group Mentoring is a part of TILPP. TILPP is the CLE requirement for Georgia’sBeginning Lawyers. All Lawyers subject to CLE requirements pay applicable fees for the




production and logistical costs associated with CLE programs. Further, BeginningLawyers not in Group Mentoring still pay for their respective mentoring activities just asyou do in Group Mentoring. Beginning Lawyers in Outside Mentoring and InsideMentoring environments engage in mentoring activities during time periods when theywould otherwise be generating income and/or billable hours.

CLE ISSUES 13. Where can Beginning Lawyers find out the dates, times and locations

of the required CLE programs?

Contact the Institute of Continuing Legal Education In Georgia (ICLE) [email protected], www.iclega.org, or 678.529.6688.

THE MODEL MENTORING PLAN 14. What is the Model Plan of Mentoring Activities and Experiences?

The intent of TILPP is to create a synergy between the CLE component and thementoring component. To assist Mentors and to help insure some structure anduniformity, a Model Plan of Mentoring Activities and Experiences is provided.

This Model Plan features a list of experiences and topical questions which are illustrativeof the types of experiences deemed useful in helping a Beginning Lawyer acclimate topractice and grow into a competent practitioner.

The key elements of the Model Mentoring Planfor those enrolled in Group Mentoring are:

A. Regular contact andmeetings between GroupMentors and Beginning Lawyers.

B. Continuing discussions between Group Mentors and Beginning Lawyers on at leastthe following topics:

(i) Ethics and professionalism.

(ii) Relationships with clients, other lawyers (both inside and outside a firm), thejudiciary and the public, including unrepresented parties.

(iii) Professional work habits, organizational skills and practice management.

(iv) Economics of practicing law in relevant practice settings.

(v) Responsibility and opportunities for pro bono work, bar activities, andcommunity service.

C. Introduction to the local legal community.




D. Specific planning for professional development and continuing legal education insideand outside a firm.

E. Periodic evaluation of the GroupMentor—Beginning Lawyer relationship.

15. How are Group Mentoring Activities monitored?

ICLE of Georgia automatically reports your attendance at (or viewing of) GroupMentoring events to the TILPP Director. A portion of your registration fee pays for thisservice.

CERTIFYING COMPLETION OF THE PROGRAM 16. Who certifies that a Beginning Lawyer in Group Mentoring has

satisfactorily completed the Mentoring Component of the Program?

The TILPP Director.

17. How long does a Beginning Lawyer in Group Mentoring have tocomplete TILPP?

TILPP covers Beginning Lawyers in the year of their admission in Georgia and the nextcalendar year. The pertinent rule is State Bar Rule 8 104.

18. How does a Beginning Lawyer enrolled in Group Mentoring certify tothe TILPP Director that they have satisfactorily completed TILPP?

TILPP consists of two (2) components: (1) Mentoring and (2) CLE. Beginning Lawyersreceive written confirmation from the TILPP Director for their records upon successfulcompletion of both components.

To Complete CLE – Attendance is automatically reported to our computer database ifyou attend CLE events facilitated by ICLE of Georgia because a portion of yourregistration fee pays for that service. If they attend CLE events facilitated by other CLEproviders, you must insure that the CLE provider will forward proof of attendance to theState Bar of Georgia CLE department.

Remember, all attorneys can check their CLE status online by logging on to the State Barof Georgia website.

To Complete Group Mentoring – Participate in six (6) hours of Group Mentoringactivities. Generally, each individual Group Mentoring activity last three (3) hours, butprogram agendas are subject to change.

19. What happens if the Beginning Lawyer in Group Mentoring does notcomplete TILPP in the required time period?

The same deadlines, late fees and penalties for general CLE apply to TILPP. (State BarRule 8 107).




ADMINISTRATIVE ISSUES 20. How is TILPP administered?

The Program is operated under the auspices of the Commission on Continuing LawyerCompetency (“CCLC”) pursuant to its general supervisory authority to administer thecontinuing legal education rules.

The Standards of the Profession Committee is a committee of the CCLC withresponsibilities for devising and recommending policy to the CCLC as to the operation ofTILPP.

21. How many other States have mandatory programs for newly admittedattorneys like Georgia’s Transition Into Law Practice Program?

There are six states in addition to Georgia that now have a mandatory mentoringprogram for newly admitted attorneys. Another 13 states have voluntary mentoringprograms.

Georgia is being closely watched by other State Bars and is considered a model formandatory mentoring programs. In addition to administering TILPP for Georgia’sMentors and Beginning Lawyers, Program officials routinely field questions from otherstates and other countries about Georgia’s Transition Into Law Practice Program.

22. How long did it take to develop the “Transition Into Law PracticeProgram”?

10 years. See “Timeline – 10 Years In The Making” in this Manual.




10 YEARS INTHE MAKING

A BRIEF TIMELINE SHOWING THE DEVELOPMENT OF THE TRANSITION INTO LAW PRACTICE PROGRAM.




1996 State Bar of Georgia creates the Standards of the Profession Committee with charge to investigate and report to the Board of Governors as to whether the State Bar should require beginning lawyers to complete a period of internship or other supervised work prior to admission.

1997 The Standards of the Profession Committee recommends Pilot Project to test the feasibility of a transition into practice program combining mentoring with continuing legal education.

1998-1999 Pilot Project logistics are planned and funding secured.

2000-2001 State Bar conducts 2-year Pilot Project with 100 mentors and 100 beginning lawyers.

2002 Pilot Project is evaluated as successful in conveying to beginning lawyers the practical skills and professional values necessary to practice law in a highly competent manner.

2003 The Standards of the Profession Committee formally recommends a mandatory Transition Into Law Practice Program that combines mandatory mentoring with continuing legal education for newly admitted lawyers in Georgia.

The Board of Governors of State Bar of Georgia approves the concept of a mandatory Transition Into Law Practice Program and authorizes the Standards of the Profession Committee to propose an Implementation Plan.

2004 The Supreme Court of Georgia approves the concept of a mandatory Transition Into Law Practice Program and authorizes the Standards of the Profession Committee to propose an Implementation Plan.

2005 The Supreme Court of Georgia approves Implementation Plan calling for the mandatory Transition Into Law Practice Program to commence January 1, 2006.

QUOTATION:

Sometimes the struggle for something that is worthwhile makes it all the better, once you achieve it.

- Harry S. Truman




APPENDIX OFFORMS

FOR BEGINNING LAWYERS


Mandatory Advocacy Experiences

Model Mentoring Plan

Migration FormUse only for a job, mentoring type, or Mentor change.

PLEASE NOTE:If you are in Group Mentoring, the Model Mentoring Plan issolely for reference to highlight sample topics the GroupMentoring Seminars will cover.


FAQs About Mandatory Continuing Legal Education

1. What is the yearly CLE requirement?

12 CLE hours including 1 ethics hour, 1 professionalism hour, 3 trial hours (only required for trialattorneys). The Beginning Lawyers Program accounts for 6 of these hours and contains therequired professional, ethics and trial hours required for your current year and the followingyear after you have been admitted.

2. Can CLE hours be carried forward?

Yes. Regular CLE hours 12 hours can be carried to the next year In House CLE hours 6 hourscan be carried to the next year Ethics hours 2 hours can be carried to the next yearProfessionalism hours 2 hours can be carried to the next year Trial hours 3 hours can becarried to the next year

3. Can any CLE hours be taken by online or other distance learning format?

Yes, 6 hours per year can be taken in a distance learning format. These type of hours are calledin house hours and they are tracked on attorneys' CLE transcripts maintained by the State Barof Georgia CLE department staff. An attorney can take 6 in house hours per year and can carryforward 6 CLE hours to the next succeeding year.

4. How am I notified if my hours are deficient?

In January or early February of each year, an Annual Report of CLE hours for the previouscalendar year is sent to all active members of the State Bar of Georgia, unless an exemptionhas already been entered. If the attorney has completed all the required CLE hours for theprevious year and does not owe any course fees, then the attorney does not need to doanything further. However, if the attorney either needs more hours for the previous year orowes a course fee that is listed on the Annual Report, then he or she has until March 31 tosatisfy the deficiency.

5. How are CLE exemptions taken by attorneys?

Age 70 exemptions are automatic.

Inactive exemptions are automatic for members electing that membership status for a fullcalendar year. This applies only to CLE. To be deferred from TILPP while inactive, you must filean Exemption/Deferment Affidavit as well.

Hardship Exemptions Forms to request hardship exemption can be found on the State BarWebsite.

All other exemptions must be marked on the Status Report mailed in October of each year orthe Annual Report mailed in January of each year.

Also, you can login to view your current CLE Status.


6. How can I best comply with my MCLE requirements?

Take all the required hours before the December 31 deadline.

If your hours are incomplete on December 31, make them up during the grace period, whichexpires on March 31st. This saves the $100 late CLE fee.

If you miss the March 31st deadline, pay the $100 late fee which extends the deadline to June30th. After June 30th, an additional $150 in fees are due for a total of $250 for late completion ofyour CLE requirement.

Monitor your record during the year by logging into your account. Some sponsors take severalweeks to report your attendance, so check back if a seminar is not listed in your record. If itdoes not appear, contact the CLE department staff at (404) 527 8710.

7. How can I view my CLE record?

You can check your CLE by logging into your account.

8. If I am inactive and wish to take CLE hours anyway, are there anyrestrictions?

Up to two years of CLE hours (24 credit hours) taken while inactive can be carried over andapplied when you reactivate.

9. If I live out of state and do not practice in Georgia, am I required to goinactive?

You are not required to change to inactive status. In order to eliminate the CLE requirement ifyou are not practicing in Georgia and live out of state, you may file an out of state exemption.Please contact CLE at 404 527 8710 for additional information about CLE. This will not deferyour requirement for TILPP. If you wish to also defer your requirement to complete TILPP, youmust also file an Exemption/Deferment Affidavit.

10. What are sponsor fees and attorney fees?

All courses entered into our CLE database are charged a $5 per hour per attorney fee. Sponsorsof the seminars are required to pay this fee for courses held in Georgia. Attorneys are requiredto pay this fee for courses held outside of Georgia or in other circumstances such as onlineseminars when the sponsor does not pay the fee. An attorney can pay the $5 per hour fee tothe State Bar of Georgia when attendance is reported to us or can be billed on the AnnualReport that is mailed in January of each year.

11. What happens in the event an attorney fails to comply with the MandatoryCLE program?

If an attorney remains in noncompliance, the Supreme Court of Georgia will be notified so thatit may enter any order it deems appropriate including suspension from the practice of law until,as a minimum, the deficiency is corrected, all penalty fees are paid, and a reinstatement fee is


paid. A $100 penalty fee is required if hours for the preceding year are not completed by thedeficiency period endingMarch 31.

12. What is the Annual Report?

It is a transcript of CLE courses that is sent to all active, non exempt members in January ofeach year showing all CLE hours taken for the previous year and indicating all fees owed.

13. Which members of the State Bar of Georgia are required to completeMCLE?

All active, non exempt members who are not part of the Transition into Law Practice Program.

14. While on inactive status, would I have to take CLE hours? Are there otherrequirements to maintain inactive status besides paying inactive dues?

You are not required to take CLE hours while you are inactive. There are no other requirementsto maintain your inactive status. You may remain inactive for an unlimited amount of time.While you are inactive, it is very important to keep your address updated with the Bar and payyour dues. You may change your address on the State Bar’s website.

15. Who is exempt from MCLE?

A. Members who are inactive (on their dues status with the Membership Department) for theentire calendar year;

B. Out of state members who neither practice in Georgia nor represent Georgia clients;

C. Out of state members who comply with the CLE requirements of their resident state ($75fee required with this exemption);

D. Members over age 70;

E. Judges who are prohibited from practicing law;

F. Designated statewide elected officials; and,

G. Attorneys who establish special circumstances constituting undue hardship.

16. Would I have to take CLE hours to regain my active status from inactive?

You will owe CLE for the year you activate in as well as any hours that you owed CLE from prioryears when you deactivated. These hours would need to be completed by March of thefollowing year.

NOTE: You will owe CLE for the current year even if you are only active for one day, week, etc.during the year. Be sure to consider this when you are activating at the end of a year.


TILPP FORMS


For Office Use OnlyStatus Year:

104 Marietta St. NW, Suite 100 • Atlanta, GA 30303 • 404-527-8704 • [email protected]

MAE (09.18)

State Bar of Georgia Transition Into Law Practice Program (TILPP)

MANDATORY ADVOCACY EXPERIENCES Please complete and return the form via email to: [email protected]

or to:State Bar of Georgia—Transition Into Law Practice Program104Marietta Street NW, Suite 100, Atlanta, GA 30303

Beginning Lawyer:

Georgia Bar #:

Mandatory Advocacy Experiences are required of ALL Beginning Lawyers, regardless of practice setting.

State Bar Rule 8 104(D)(1) provides:

“Prior to appearing as sole or lead counsel in the Superior or State Courts of Georgia in anycontested civil case or in the trial of a criminal case, any newly admitted active memberadmitted to practice after June 30, 2005, shall complete the mandatory AdvocacyExperiences of the Transition Into Law Practice Program . . .”

(5) For participants in the Transition Into Law Practice Program who wish to appear assole or lead counsel in the Superior or State Courts of Georgia in any contested civilcase or in the trial of a criminal case, thementors and beginning lawyers shall devisefive (5) mandatory Advocacy Experiences tailored to the practices of the beginninglawyers.” (State Bar Rule 8 104(D), Regulation (5))

The following are examples of observation types. Actual or virtual (i.e., simulations or webcasts)observations can qualify. Each observationmust last aminimum of one (1) hour.

i. A deposition of a witness or adverse party in a civil action;

ii. A jury trial in a civil or criminal case in either a state or federal court;

iii. A nonjury trial, evidentiary hearing, or hearing in a state, federal, or administrativecourt;

iv. An appellate argument in the Supreme Court of Georgia, the Georgia Court ofAppeals, or the 11th Circuit Court of Appeals;

v. A real estate transaction from initiation through closing;

vi. A contract negotiation and execution;

vii. An estate planning transaction from initial interview through document execution;

viii. Amediation.

Other advocacy experiencesmay be selected to comply with Rule 8 104(D).

NOTE – THIS IS PAGE ONE (1) OF A TWO (2) PAGE FORM(Save a tree – please print two sided.) DO NOT STAPLE Please mail flat.



Mandatory Advocacy Experiences Page | 2

Beginning Lawyer:

Georgia Bar #:

TILPP requires completion of the MAEs by all Beginning Lawyers, even if you are not currentlyappearing in court. The language of MAEs being completed before appearing as sole and lead counsel is abenchmark, so that attorneys who do plan to appear in court immediately upon the start of their practicewithout any in court experience have a gauge as to how soon they should complete the MAES. It is notmeant to provide exclusion to those who do not plan to appear as sole or lead counsel. You are allowed toprovide three (3) experiences from law school. If you are unable to attend the remaining two (2)observations in person, you are allowed towatch oral arguments from theGeorgia SupremeCourt website.You are also allowed to observe other experiences relative to your practice setting such as mediation, realestate closing transactions, contract negotiations, etc. Please ensure that you experience involves an actualobservation and not an experience in which you are solely participating. TILPP encourages you to use theseobservations as an opportunity to meet more experienced attorneys and judges.

REMINDER: Three (3) of the five (5) mandatory Advocacy Experiences may be obtainedprior to admission to practice after completion of 60% of law school. See Rule 8 104(D).

*Please contact the TILPP office if you are in Group Mentoring and have questions aboutyour observations.

LIST MANDATORY ADVOCACY EXPERIENCES:

Please give a concise description regarding each observation, includingtype of experience, as well as case number, court, and judge, if applicable.

DATECOMPLETED(indicate below)

1.

2.

3.

4.

5.

I hereby certify that I have completed the observations listed aboveand that each lasted a minimum of one hour.

Signature: Date:


104 Marietta St. NW, Suite 100 • Atlanta, GA 30303 • 404-527-8704 • [email protected] MIG (02.19)

For Office Use Only: StatusYear: Mentoring Type:


MIGRATION FORM (Mentor Change, Mentoring Type Change or Job Change)

Please complete and return the form via email to: [email protected] to: State Bar of Georgia—Transition Into Law Practice Program

104Marietta Street NW, Suite 100, Atlanta, GA 30303

Please complete and submit this form if yourMentor, yourmentoring type or your job has changed.

I. BEGINNING LAWYER INFORMATION

Name:(please print or type)

Georgia Bar No.

Email Address: Employer:

II. PREVIOUS MENTORING TYPE/STATUS

OUTSIDEMENTORING INSIDEMENTORING GROUPMENTORING

If you were in Inside or Outside Mentoring and previously had a Mentor,please complete previous mentor information below:

Previous Mentor’s Name:(please print or type)

Previous Mentor’sGA Bar No.

Previous Mentor’s Employer:

III. NEW MENTORING TYPE

OUTSIDEMENTORING INSIDEMENTORING GROUPMENTORING

IV. NEW MENTOR NOMINEE INFORMATIONIf you wish to nominate a newMentor, please complete the information below:

NewMentor’s Name:(please print or type)

NewMentor’sGeorgia Bar No.

NewMentor’s EmailAddress: Employer:

NewMentor Nominee’s MentorVolunteer Form is attached.(Attach theORIGINAL, NOTARIZED form, not acopy. The formmay be found at: MVF OR

NewMentor Nominee has alreadysubmitted a Mentor VolunteerForm onmy behalf.(A Mentor Volunteer Form is required forEACH Beginning Lawyer being mentoredby said Mentor.)

I HEREBY CERTIFY that the above information is correct and complete. I request reassignment from my previous Mentor orMentoring Type to my newMentor Nominee or Mentoring Type. I understand that the TILPP Director must approve this request.I further understand that, if I am in Inside or Outside Mentoring, in addition to a new Mentor Volunteer form, I am required tosubmit new 90 day compliance documents signed/acknowledged by my new Mentor: These 90 day compliance documents are:a) Compliance Checklist; b) Model Mentoring Plan (if no Master Plan); and c) Continuing Legal Education Agreement (OutsideMentoring only).

Signature: Date:Has your contact information changed?

State Bar Rule 1 207 requires members to keep contact information on file.To edit your contact information, log into yourmember account at www.gabar.org.


For Office Use OnlyStatus Year: _________

104 Marietta St. NW, Suite 100 • Atlanta, GA 30303 • 404-527-8704 • [email protected] MMP (01.19)


MODEL MENTORING PLAN Please complete and return the form via email to: [email protected]

or to:State Bar of Georgia—Transition Into Law Practice Program

104Marietta Street NW, Suite 100, Atlanta, GA 30303

We, the undersigned Mentor (“Mentor”) and Lawyer (“Lawyer”), agree upon this Mentoring Plan detailingactivities and experiences related to our participation in the Transition Into Law Practice Program (“TILPP”).We pledge that we will fulfill this Mentoring Plan in accordance with the TILPP mission to assist Lawyer inacquiring the practical skills, judgment and professional values to practice law in a highly competent manner.

THIS PLAN IS DESIGNED TO TAKE A FULL YEAR TO COMPLETE. You should send it in initiallywith signatures only on the cover page and the header of the subsequent pages. At the end of your mentoringyear, you will submit the final Plan with all of the dates completed.

Plan Start Plan Completion AT THE START OF THE PROGRAM: Signbelow and at the top of the following pages toindicate your understanding of all requirements.Be sure to include the Plan Start Date.

UPON COMPLETION OF THE PROGRAM:Sign below again and indicate on the followingpages the completion date of each item. Besure to include the Plan Completion Date.

MENTOR MENTORMentor’s Name: Mentor’s Name:

Mentor’s Signature: Mentor’s Signature:

Mentor’s Bar Number:

Plan Start Date : Plan Completion Date:

BEGINNING LAWYER BEGINNING LAWYERLawyer’s Name Lawyer’s Name

Lawyer’s Signature: Lawyer’s Signature:

Lawyer’s Bar Number:

Plan Start Date: Plan Completion Date:

NOTE: Mentor and Lawyer may utilize this Model Plan with no changes, or they may individualize this Model Plan by *substituting activities appropriate to the practice setting of the Beginning Lawyer.

*ANY AND ALL CHANGES TO THIS MODEL PLAN MUST BE SUBMITTED TOAND APPROVED BY THE TILPP DIRECTOR WITHIN 90-DAYS OF BEING SWORN IN.

DO NOT STAPLE Please mail flat.


Transition into Law Practice Program Model Mentoring Plan

Lawyer Signature

Mentor Signature

Model Mentoring Plan Page | 2

MODEL MENTORING PLAN

The cornerstone of TILPP is the intersection between mentoring and CLE.

The following activities and experiences are a structured guide to assist theMentor

and Lawyer in fulfilling the requirements of thementoring component of TILPP, in

addition to discussing topics arising from CLE seminars. This guide can be

individualized by substituting* or adding additional activities or experiences

relevant to Lawyer’s practice setting. TILPP encourages Mentors who do not

litigate to call on another experienced attorney who does litigation to assist

Lawyer in satisfying the Mandatory Advocacy Experiences relative to trial

observations. (Section E herein)

At the conclusion of the Mentoring year, this Model Plan will serve as

Mentor’s evaluative tool to determine if Lawyer has satisfactorily completed the

Mentoring component of TILPP.

*ANY AND ALL CHANGES TO THIS MODEL PLAN MUST BE SUBMITTED TOAND APPROVED BY THE TILPP DIRECTORWITHIN 90 DAYS OF BEING SWORN IN.



Lawyer Signature

Mentor Signature


ACTIVITY OR EXPERIENCEDATE

COMPLETED(indicate below)

A. Introduction to the Legal Community

1. Mentor should contact Lawyer as soon as practicable after being assignedand arrange to meet. Mentor should introduce Lawyer to other lawyers andstaff members at Mentor’s office or, in the case of in firm mentoring,ascertain if such introductions have already occurred.

2. Invite Lawyer to attend a local or specialty bar association or State Bar Sectionmeeting and discuss local, state and national bar association opportunities.

3. Introduce Lawyer to other lawyers in the community through attendance atlocal or specialty bar association or State Bar sectionmeetings.

4. Escort Lawyer on a tour of the local and/or federal courthouse(s) and, to theextent practicable, introduce him or her tomembers of the judiciary, courtpersonnel and clerks of court.

5. Discuss any “unwritten” customary rules of civility or etiquette among lawyersand judges in the community.

6. Discuss pro bono opportunities with organizations such as Legal Aid, GeorgiaLegal Services, Atlanta Volunteer Lawyers Foundation and others that refercases in the Beginning Lawyer’s practice area. Advise Lawyer of pro bonoopportunities and resources available through the State Bar.

B. Introduction to the Community at Large

1. Invite Lawyer to attend a civic club of whichMentor is a member and/or acommunity service activity in whichMentor participates.

2. Discuss civic, charitable and service opportunities in the community.



Lawyer Signature

Mentor Signature



C. Introduction to Law Office Management

1. Mentor should acclimate Lawyer to the law firm environment by givinghim/her a tour of Mentor’s office. Mentor should demonstrate and explainhow the following items of law practice management are used and handledin Mentor’s office, if applicable.

(a) Time Records

(b) Records of client related expenses

(c) Billing system

(d) Escrow or Trust Account and handling of clients funds

(e) Filing System

(f) Document Retention Plan

(g) Calendar and “Tickler” or Reminder Systems

(h) Information Technology Systems

(i) Library and Research Systems

(j) Other resources (publications, seminars, equipment, etc.) that aLawyermight find particularly helpful in his or her work

(k) Discuss good timemanagement skills and techniques

(l) Discuss practices tomaintain client confidentiality

(m) Discuss the role and responsibilities of paralegals, secretaries andother office personnel, and how to establish good workingrelationships with others in same office who are support staff,colleagues or senior partners



Lawyer Signature

Mentor Signature



D. Working With Your Client

1. Discuss questions and items of practical guidance learned from applicablecontinuing legal education (”CLE”) programs attended, includingresponsibilities of the attorney and the client in decisionmaking.

2. Discuss how to gather information about a legal matter and how to determinecredibility and develop trust.

3. Discuss how to screen for, recognize and avoid conflicts of interest.

4. Discuss how to decide whether to accept representation on a legal matter.

5. Discuss the use of retainer or engagement letters/agreements and how todefine the scope of the representation.

6. Discuss how to talk about and set fees for legal services.

7. Discuss how to deal with a “difficult” client.

8. Discuss “DO’s and DON’TS” of maintaining ideal ongoing client relations, suchas returning telephone calls and keeping clients informed about matters.

9. Discuss terminating the lawyer client relationship and necessarydocumentation.

10. Participate in or observe at least one client interview or client counselingsession. (Inside Mentoring only)



Lawyer Signature

Mentor Signature


E. Mandatory Advocacy Experiences

Mandatory Advocacy Experiences are required of ALL Beginning Lawyers, regardless of practicesetting.


“Prior to appearing as sole or lead counsel in the Superior or State Courts ofGeorgia in any contested civil case or in the trial of a criminal case, any newlyadmitted active member admitted to practice after June 30, 2005, shall completethe mandatory Advocacy Experiences of the Transition Into Law PracticeProgram . . .

(5) For participants in the Transition Into Law Practice Program who wish toappear as sole or lead counsel in the Superior or State Courts of Georgia inany contested civil case or in the trial of a criminal case, Mentors andbeginning lawyers shall devise five (5) mandatory Advocacy Experiencestailored to the practices of the beginning lawyers.” (State Bar Rule 8104(D), Regulation (5))

The following are examples of observation types. Actual or virtual (i.e., simulations or webcasts)observations can qualify. Each observation must last aminimum of one (1) hour.



iii. A nonjury trial, evidentiary hearing, or hearing in a state, federal, oradministrative court;

iv. An appellate argument in the Supreme Court of Georgia, the Georgia Courtof Appeals, or the 11th Circuit Court of Appeals;



vii. An estate planning transaction from initial interview through documentexecution;

viii. Amediation.




Lawyer Signature

Mentor Signature


TILPP requires completion of the MAEs by all Beginning Lawyers, even if you are not currently appearingin court. The language of MAEs being completed before appearing as sole and lead counsel is a benchmark,so that attorneys who do plan to appear in court immediately upon the start of their practice without any incourt experience have a gauge as to how soon they should complete the MAES. It is not meant to provideexclusion to those who do not plan to appear as sole or lead counsel. You are allowed to provide threeexperiences from law school. If you are not able to personally attend the two remaining observations, youare allowed to watch oral arguments from the Georgia Supreme Court website. You are also allowed toobserve other experiences relative to your practice setting such as mediation, real estate closingtransactions, contract negotiations and executions, estate planning document transactions and executions,etc. Please ensure that you experience involves an actual observation and not an experience in which you areactively participating. TILPP encourages Lawyer to use these observations as an opportunity to meetmore experienced attorneys and judges.

Mentor should monitor, facilitate and discuss the progress of Lawyer in observing five (5) AdvocacyExperiences and arrange for another experienced lawyer to discuss the context and assess each observation.The five (5) observations should be tailored to Lawyer’s practice area.

REMINDER: Three (3) of the five (5) mandatory Advocacy Experiences may beobtained after completing the 2nd year of law school. See Rule 8 104(D)(1).


Please give a concise description of each observation, including type of event,as well as case number, court, and judge, if applicable.


1.

2.

3.

4.

5.



Lawyer Signature

Mentor Signature



F. Additional Advocacy Experiences

1. Arrange for Lawyer to observe an actual or simulated arbitration anddiscuss or arrange for an experienced lawyer to discuss thearbitration observed, provide relevant background context andevaluate what is observed.

2. Arrange for Lawyer to observe a judicial type hearing conducted bya state or local administrative body (e.g., local zoning board; taxequalization board hearing; state licensing or regulatory board) andprovide relevant background context and evaluate what is observed.

G. Closing and Transactional Work

Arrange for Lawyer to observe a real estate or other businesstransaction or financial closing and explain relevant background.



Lawyer Signature

Mentor Signature



H. The Obligations of Attorneys to Others

1. Discuss questions and items of practical guidance learned fromapplicable CLE programs attended on the topic of professionalism.

2. Discuss “A Lawyer’s Creed” (see below) and how we as lawyers can use thelaw and legal process as “instruments for the common good”.

A LAWYER’S CREED

To my clients, I offer faithfulness, competence, diligence, andgood judgment. I will strive to represent you as I would want to berepresented and to be worthy of your trust.

To the opposing parties and their counsel, I offer fairness,integrity, and civility. I will seek reconciliation and, if we fail, I will striveto make our dispute a dignified one.

To the courts, and other tribunals, and to those who assist them,I offer respect, candor, and courtesy. I will strive to do honor to the searchfor justice.

To my colleagues in the practice of law, I offer concern for yourwelfare. I will strive to make our association a professional friendship.

To the profession, I offer assistance. I will strive to keep ourbusiness a profession and our profession a calling in the spirit of publicservice.

To the public and our systems of justice, I offer service. I will striveto improve the law and our legal system, to make the law and our legalsystem available to all, and to seek the common good through therepresentation of my clients.



Lawyer Signature

Mentor Signature



I. Negotiation

1. Discuss questions and items of practical guidance learned from applicableCLE programs attended, such as:

(a) How to prepare for the negotiation of a legal matter (e.g., release of apersonal injury claim, lease agreement, etc.)

(b) When and how negotiation should be initiated

(c) How to involve the client in negotiation

(d) How to negotiate with an attorney with years of experience, a friend,etc.

(e) Ethical and professionalism obligations of negotiators

(f) Skills needed to be an effective negotiator and how to acquire them

2. Arrange for Lawyer to observe an actual or simulated negotiation and explainrelevant background context and then evaluate what is observed.

END OF MODEL MENTORING PLAN

Model Mentoring Plan compiled by:

State Bar of Georgia Transition Into Law Practice Program

104 Marietta Street NW, Suite 100 Atlanta, Georgia 30303

[email protected]



104 Marietta St. NW, Suite 100 • Atlanta, GA 30303 • 404-527-8704 • [email protected]

MAE (09.18)


MANDATORY ADVOCACY EXPERIENCES Please complete and return the form via email to: [email protected]

or to:State Bar of Georgia—Transition Into Law Practice Program104Marietta Street NW, Suite 100, Atlanta, GA 30303

Beginning Lawyer:

Georgia Bar #:

Mandatory Advocacy Experiences are required of ALL Beginning Lawyers, regardless of practice setting.


“Prior to appearing as sole or lead counsel in the Superior or State Courts of Georgia in anycontested civil case or in the trial of a criminal case, any newly admitted active memberadmitted to practice after June 30, 2005, shall complete the mandatory AdvocacyExperiences of the Transition Into Law Practice Program . . .”

(5) For participants in the Transition Into Law Practice Program who wish to appear assole or lead counsel in the Superior or State Courts of Georgia in any contested civilcase or in the trial of a criminal case, thementors and beginning lawyers shall devisefive (5) mandatory Advocacy Experiences tailored to the practices of the beginninglawyers.” (State Bar Rule 8 104(D), Regulation (5))

The following are examples of observation types. Actual or virtual (i.e., simulations or webcasts)observations can qualify. Each observationmust last aminimum of one (1) hour.



iii. A nonjury trial, evidentiary hearing, or hearing in a state, federal, or administrativecourt;

iv. An appellate argument in the Supreme Court of Georgia, the Georgia Court ofAppeals, or the 11th Circuit Court of Appeals;



vii. An estate planning transaction from initial interview through document execution;

viii. Amediation.


NOTE – THIS IS PAGE ONE (1) OF A TWO (2) PAGE FORM(Save a tree – please print two sided.) DO NOT STAPLE Please mail flat.



Mandatory Advocacy Experiences Page | 2

Beginning Lawyer:

Georgia Bar #:

TILPP requires completion of the MAEs by all Beginning Lawyers, even if you are not currentlyappearing in court. The language of MAEs being completed before appearing as sole and lead counsel is abenchmark, so that attorneys who do plan to appear in court immediately upon the start of their practicewithout any in court experience have a gauge as to how soon they should complete the MAES. It is notmeant to provide exclusion to those who do not plan to appear as sole or lead counsel. You are allowed toprovide three (3) experiences from law school. If you are unable to attend the remaining two (2)observations in person, you are allowed towatch oral arguments from theGeorgia SupremeCourt website.You are also allowed to observe other experiences relative to your practice setting such as mediation, realestate closing transactions, contract negotiations, etc. Please ensure that you experience involves an actualobservation and not an experience in which you are solely participating. TILPP encourages you to use theseobservations as an opportunity to meet more experienced attorneys and judges.

REMINDER: Three (3) of the five (5) mandatory Advocacy Experiences may be obtainedprior to admission to practice after completion of 60% of law school. See Rule 8 104(D).

*Please contact the TILPP office if you are in Group Mentoring and have questions aboutyour observations.


Please give a concise description regarding each observation, includingtype of experience, as well as case number, court, and judge, if applicable.


1.

2.

3.

4.

5.

I hereby certify that I have completed the observations listed aboveand that each lasted a minimum of one hour.

Signature: Date:


MICHELLE E. WEST

Director, Transition Into Law Practice Program


GBJ | Feature

26 GEORGIA BAR JOURNAL

Earlier this summer, I had the oppor-tunity to visit my undergraduate alma mater. As I stepped out of the cab at the front gates of 37 and O Streets in Wash-ington, D.C., it all came rushing back. Walking through campus, I watched the intensely colored floral bloom variations zigzag across the campus lawn adding multiple patches of color to the setting. It made me remember when I was a bud-ding young adult headed to this place that

A Tapestry of Mentoring“We don’t accomplish anything in this world alone . . . and whatever happens is the result of the whole tapestry of one’s life and all the weavings of individual threads form one to another that creates something.”—Sandra Day O’Connor

BY MICHELLE E. WEST

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I called home for four years. I recall con-cluding my final year in high school with a pre-college counselor encouraging me to sign a contract confirming my college application preparation and submission schedule. It was my dear calculus teacher who helped me uphold this agreement’s impending deadlines. Daily, she sat with me after school in front of the computer and guided my direction in completing what seemed to be a daunting task. These wonderful individuals are just two of the many supporters who lent a steady hand, provided words of encouragement and helped me chart a path toward the col-lege I found myself returning to almost 20 years to the day after I walked across the stage situated on the front lawn.

As I walked through campus, I en-countered graduation day for various degree programs. I became nostalgic as I made my way down the floral clustered pathway. I was welcomed by the build-ings of yesteryear as I admired the recent, more modern structures of today. The older buildings juxtaposed against the new exemplified how things had changed yet also remained the same. Complement-ing one another; the wisdom of the old celebrated the new as the new uplifted the old. Upon entering the Intercultural Center where I spent most of my under-graduate years, I searched for the name of the international politics professor who shaped my formative college years. I was sad to find that it was not there. I subse-quently learned that he passed some years earlier, but fortunately for me, not before impacting my life. I also looked for the name of the dean with whom I pleaded to allow me to veer off course for a semester

There is tremendous value in both formal and informal mentoring. It is the sum of both, intricately woven throughout our lives, that leads to enduring growth and development.

of study abroad in Italy. She encouraged my skills of persuasion and supported my need to follow my heart.

As I made my way through campus in search of my old dorm, I passed the Healy and New North buildings, where years ago, I met the English professor who influenced my writing style and en-couraged my love for the written word. I also recalled the theology professor who broadened my thoughts on religion and life. Heading into the tunnel, I was shaded from the sun but not before being greeted by another patch of glorious blooms. The contrasting color brought forth vivid memories of how my life had been illu-minated by my various experiences here.

As I was preparing to journey out of the gates, I passed one last commence-ment exercise. It was that of the school from which I had graduated, the School of Foreign Service. I paused and reflected on how not only the professors, but also my peers and family had shaped my life and assisted me through those four fabu-lous foundational years. Each encounter stitched lasting threads weaving through and supporting the fabric of my life.

As the beautiful floras of summer pass the torch to the aching red and orange leaves of fall, I recall not just these experi-ences, but the many that came after, in law school and currently in my professional career, which have served to impact the life I have today. It has not been just one mentoring relationship, but the sum of many, in all shapes and sizes, that has cre-ated this beautiful patchwork. Whether it was a connection at the office, strategy surrounding a case, a shared interest, ca-maraderie at a salon, a conversation on

a flight, a short call, a planned lunch or dinner meeting, a walk in the park or a chance encounter at an event or seminar, I have learned from these experiences. Al-though this wisdom was not transferred in a formalized fashion, a connection was established and an imprint was made on my life.

There are so many valuable connec-tions to be made, if encounters are ap-proached as more than mere transactions. Mentoring can be found at all stages of life and in numerous forms. The Tran-sition Into Law Practice Program was in the early stages of development when I graduated from law school. Therefore, I was not afforded the wonderful opportu-nity to participate in Georgia’s formalized mentoring and continuing legal educa-tion program. The advice, guidance and support I received resulted from seren-dipitous encounters and intentional en-gagements interspersed throughout my life. Nevertheless, my existence has been thoroughly enriched. These experiences have served to aid my professional and personal journey in much the same man-ner as a formalized mentoring program. There is tremendous value in both for-mal and informal mentoring. It is the sumof both, intricately woven throughoutour lives, that leads to enduring growth and development.

Michelle E. West

Director, Transition Into Law Practice ProgramState Bar of Georgia

[email protected]


GBJ | Feature


John T. Marshall and Michelle E. West, director, Transition Into Law Practice Program, during the presentation of the inaugural John T. Marshall Model Mentor Award at the Fall Board of Governors Meeting.

The John T. Marshall Model Mentor Award: Honoring the Cause, the Champions and the ConceptThe inaugural John T. Marshall Model Mentor Award was presented to John T. Marshall at the 2018 Fall Board of Governors Meeting.

BY MICHELLE E. WEST

When you get, give. When you learn, teach.—Dr. Maya Angelou

This vision is what the Transition Into Law Practice Program (TILPP) seeks to fulfill through its continuing legal education seminars, mentor programming and mentor pairing. TILPP, the State Bar of Georgia’s mentoring program, was cre-ated in response to the need to assist new lawyers with ethics, professionalism and practice tips as they begin their careers.

TILPP honored the most notable of its many champions, John T. Marshall, at the Fall Board of Governors Meeting on Fri-day, Nov. 2, at Callaway Gardens. TILPP created the John T. Marshall Model Men-tor Award to commemorate its 10th an-niversary and to celebrate experienced lawyers, who like its namesake, are so gra-ciously giving of their time as they willing-ly teach from their experiences. This com-mitment and dedication of TILPP mentors translates into a warm welcome for new lawyers entering the profession.

TILPP was initiated by the Chief Justice’s Commission on Professional-ism (CJCP), which conducted town hall

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meetings around Georgia to address the growing concern regarding recent law graduates’ readiness to join the practice of law. At these meetings, CJCP hoped to gather further insight into and support for this noble cause. In 1996, State Bar of Georgia President Ben Easterlin asked John T. Marshall to lead the Standards of Profession Committee and to develop a mentoring program. The initial thought was to create an apprenticeship program similar to the residency program for new doctors. However, Marshall did not think that type of program would be ideal for new attorneys.

In order to fulfill this important mis-sion of new lawyer mentoring in Georgia, Marshall assembled a dream team, which included Ron Ellington, Larry Jones, Sally Lockwood Mitchell and Bill Scran-ton. Intuitively Marshall knew that these individuals possessed the expertise and perspective to assist in such a great en-deavor. This dream team devised a pilot program, recruited mentors and mentees, and traveled the state. Approximately 10 years later, the State Bar of Georgia Board of Governors and the Supreme Court of Georgia approved the mandatory men-toring program for full implementation.

As the program gained more momen-tum and became increasingly successful, the dream team traveled the country to teach other states about administering a successful mentoring program. Based on the groundwork laid by the diligence and hard work of Georgia lawyers, Georgia became, and remains, an authority in the realm of national legal mentoring programs. As Sally Lockwood Mitchell traveled nationally, she recalled advis-ing those who asked why Georgia was so successful with legal mentoring that three “M”s were needed to have a suc-cessful mentoring program (1) available and interested mentors; (2) a program

that is mandatory; and (3) the direc-tion, drive and dedication of someone like John T. Marshall. Currently, there are approximately 19 states, including Georgia, with legal mentoring programs.

As of November 2018, under the di-rection of Doug Ashworth, followed by Tangela King and now myself, 12,533 newly admitted lawyers have enrolled in the Mentoring Program. There have been 51 Supreme Court orders appoint-ing TILPP’s 4,680 mentors. The 4,680 mentors reflect solely each mentors’ ini-tial appointment. Many of our mentors have served multiple times.

We salute the dream team and honor its fearless leader, John T. Marshall. He and his team created a program that has served as a template for numerous programs na-tionwide. Marshall, currently of counsel to Bryan Cave Leighton Paisner, shaped such an impactful program all while be-ing a partner at then Powell Goldstein LLP where he chaired the Litigation De-partment. He is a former president of the Atlanta Bar Association, and a former ad-junct professor at both Emory University School of Law and the Georgia State Uni-versity College of Law. He has also served on the Supreme Court of Georgia’s Board to Determine Fitness of Bar Applicants. Last, but definitely not least, Marshall has served as a mentor to many of us who have been blessed with the pleasure of making his acquaintance.

In 2009, TILPP requested from its mentors five things they had learned since law school and their best mentoring tip or technique. Marshall remarked:

The most important part of law practice is your credibilityLooking back over my 47+ years, I remember most my relationships with my partners as well as other lawyers and judges, exceeded only by my relationships with clients.

The most challenging thing, and the most interesting thing I remember, was trying jury cases.The law is, indeed, a jealous mistress.Today’s disaster is tomorrow’s cock-tail story.

He concluded with his nomination for the best mentoring tip or technique as: Listen . . . really listen . . . to your mentee.

Marshall’s advice is something we can all relate to and learn from. He has always been true to giving as he has received and teaching what he has learned. It is such a pleasure to acknowledge Marshall for his unwavering service, commitment and dedication to the legal profession, which has benefitted so many. Among his previ-ous honors from the American Bar Asso-ciation, the State Bar of Georgia, the At-lanta Bar Association, the American Inns of Court, the Anti-Defamation League, the Atlanta Volunteer Lawyers Founda-tion and the Georgia State University College of Law, he can now add the 2018 John T. Marshall Model Mentor Award.

We will continue to honor the contribu-tion of John Marshall, the dream team and Georgia mentors with the annual presenta-tion of the John T. Marshall Model Mentor Award. Nominations for the 2019 Marshall Model Mentor Award are open until Feb. 28, 2019. Please send an email with your entry to [email protected]. In the subject line, please list your TILPP mentor’s name and bar number. In the body of the email, please tell us why you are nominating your TILPP mentor and elaborate on how your mentor’s service and commitment has impacted you and the legal profession. The recipient will be honored at the State Bar Annual Meeting.

Michelle E. West

DirectorTransition Into Law Practice Program

[email protected]

TILPP|10 Spotlight: Lawyers Living WellPresented By:

R. Javoyne HicksLawyers Living Well (Wellness Commi ee), State Bar of GeorgiaDeKalb State and Magistrate Courts, Decatur


2016 AUGUST 39

Second, I want to thank your officers and Executive Committee. As you know, we continued and completed the work on the strategic plan that was started under my predecessor, Patrise Perkins-Hooker. So, instead of easing into the Bar year, we had a number of meetings, spent our en-tire retreat working on the plan and now continue to review the plan. Further, due to some unique, unplanned events this year, we had a number of specially called meetings. They never complained, and when asked, they delivered.

Third, I must thank all the committees that put in time and effort this year:

The E-Discovery Task Force, led by Leslie Bryan, spent many hours working on the bill. We also had meetings with the parties on either side of the issue and finally this board approved the bill. Although we did not succeed in getting it passed at the Capitol, we did start the discussion.

The Access to Justice Committee is developing a pro bono video to show at CLEs.

The Law-Related Education Com-mittee has developed an online educational tool, the virtual law museum. As you may know, we have 10,000 school kids come to the Bar for field trips each year, but we can’t accommodate all who want to come, and some school systems can’t afford the travel cost. This will allow those teachers to use this resource.

Finally, the Communications/Cor-nerstones of Freedom Committee is developing a PSA with the theme “Who needs a lawyer? You do”—with stories that we are going to solicit from you, the Board of Governors.

Fourth, I must also thank the members of the Disciplinary Rules Committee and its chair, John Haubenreich. As you may recall, after spending time on the Inves-tigative Panel, discussing various issues with the General Counsel’s office and members of the Supreme Court, I asked this group to review our entire disciplin-ary system from beginning to end. They

The website was developed by a special task force appointed by 2015-16 State Bar President Robert J. “Bob” Kauffman and chaired by Ken-neth B. Hodges III.

“Too many lawyers are experi-encing high levels of stress and are unhealthy and unhappy, which adversely affects their professional and personal lives,” Kauffman said. “The State Bar wants to help by pro-moting health and wellness among our members and staff, develop-ing work-life balance programs for continuing legal education (CLE) credit, and increasing awareness of existing Bar programs that deal with such issues.”

LawyersLivingWell.org provides an online clearinghouse of health and wellness information to help Bar members identify and learn how to deal with issues that may be affecting their health and personal lives in three major areas: mental well-being, physical well-being and social well-being. An events calendar promoting CLE programs and wellness activities throughout Georgia is also included, along with links to information on the Bar’s existing Lawyer Assistance Pro-gram, Suicide Awareness Campaign and SOLACE (Support of Lawyers, All Concern Encouraged) program.

“We want to focus on health maintenance and prevention so that these problems are avoided or dealt with in their earliest stages,” Kauffman said. “Just a few small changes in our hab-its can have a profound impact on our overall well-being. The objective is to enhance lawyers’ physical and mental well-being by educating members of our profession on how to identify and deal with those issues we all face that not only impact our prac-tice, but our lives—things such as stress, diet, physical condi-tioning, social well-being, debt management and others.”

The website provides a com-prehensive library of articles, videos and other resources deal-ing with specific issues, includ-ing depression, addictions, eating disorders, mindfulness, trauma, burnout and suicide prevention. Also included in the new site are healthy eating and exercise tips, links to mobile apps and pod-casts, recipes, workout routines and other solutions for Bar mem-bers to find the right balance to ensure that fitness becomes an important part of their lives.

www.lawyerslivingwell.org

Know Your Bar

Georgia lawyers have a new member benefit: LawyersLivingWell.org.


Lawyers Living Well Too many lawyers are experiencing high levels of stress and are unhealthy and unhappy, adverselyaffecting their professional and personal lives. The State Bar of Georgia wants to help you bypromoting health and wellness among our members and staff, including the development ofwork/life balance CLE programs, and increase awareness of existing Bar programs that deal withsuch issues.

A key objective for the lawyer wellness initiative will be to make sure our members know aboutresources already in place to help them:

Lawyer Assistance ProgramSuicide Awareness CampaignSOLACE | Support of Lawyers, All Concern EncouragedLaw Practice ManagementLawyers Helping LawyersSports & Fitness Meetups

About the Attorney Wellness Task ForceThis task force will study and promote lawyer wellness programs by identifying factors that impact the physical and emotional well-being of attorneys. It will explore programs, accumulate information, and educate members about wellness issues and resources.

The Wellness Committee is comprised of a dedicated group of practicing lawyers who understand the day-to-day stresses associated with the practice of law. It is the goal of the committee to seek out and vet sources of information that will be helpful to the members of the State Bar of Georgia and to provide resources for our members in crisis or simply wanting help.


Name Position Term Expires

Ms. R. Javoyne Hicks Chairperson 2019Mr. Mark William Alexander Member 2019Ms. Shelly C. Anand Member 2021Ms. Michelle Richards Barclay Member 2019Ms. Danielle Kilinski Berry Member 2019Hon. Elizabeth Lee Branch Member 2019Ms. Katherine Anne Brokaw Member 2019Mr. Christopher Eric Bruce Member 2019Mr. Edwin Montgomery Cook Member 2019Mr. Jeffrey Reese Davis Member 2019Mrs. Jessica Reece Fagan Member 2019Ms. Karlise Yvette Grier Member 2019Prof. Avarita L. Hanson Member 2019Ms. Sophia Elaine Haynes Member 2019Mr. Michael D. Johnson Member 2019Mr. Paul Enrique Knowlton Member 2019Mr. John Walter Kraus Member 2019Mr. Jeffrey Ray Kuester Member 2020Hon. Shawn Ellen LaGrua Member 2019Ms. Joyce Gist Lewis Member 2019Ms. Evelyn Clark Lopater Member 2019Alexis Martinez Member 2019Ms. Candice Devonne McKinley Member 2019Mr. William J. Monahan Member 2019Hon. Shondeana Genean Morris Member 2020Ms. Megan Murren Pearson Member 2019Ms. LaKeisha Renata Randall Member 2019Ms. Laura L. Rashidi-Yazd Member 2021Ms. Heather Hale Riggs Member 2019Mr. Plamen Ivanov Russev Member 2019Ms. Tara Rice Simkins Member 2019Ms. Dawn Renee Smith Member 2019Ms. Laura Wilson Speed Member 2019

ATTORNEY WELLNESS COMMITTEE


Mr. R. Gary Spencer Member 2019Ms. Claudia Noelle Whitmire Member 2019Mr. Samuel Elias Skelton Lay Member 2019Ms. Nicki Noel Vaughan Executive Committee

Liaison2019

Mrs. Sarah I. Coole Staff Liaison 2019Ms. Ashley Stollar Staff Liaison 2019


Lawyer Assistance Program

Lawyer Assistance Program (LAP) LAP is a confidential service outsourced to CorpCare Associates, Inc., to help State Bar memberswith life's difficulties. Members are entitled to six prepaid counseling sessions per issue per year.

READ MORE

The LAP provides a broad range of helping services to members seeking assistance with depression, stress,alcohol/drug abuse, family problems, workplace conflicts, psychological and other issues. You can contact the LAPby calling 800-327-9631, or by emailing Lisa Hardy, vice president, CorpCare Associates, Inc., [email protected] (mailto:[email protected]).

Services Available Through LAPAll services are accessible through the confidential LAP Hotline: 800-327-9631

Telephone Hotline: Staffed by trained counselors 24 hours a day, 7 days a week. If you are a lawyer orjudge and have a personal problem that is causing you significant concern, the Lawyer Assistance Programcan help. Please feel free to call LAP's confidential hotline at 800-327-9631. Personal Counseling: Up to six prepaid in-person sessions per presenting issue per 12-month period. Work/Life Program for assistance with such issues as childcare, elder care and finances. Callers receiveadvice, referrals and materials customized to take into account their individual concerns, financial andgeographic needs. These referrals are reached through calling the LAP Hotline: 800-327-9631.

Related InformationLawyer Assistance Program Suicide Awareness Campaign SOLACE Law Practice Management

Contact UsDo you have a wellness idea or question? We would love to hear from you! Contact one of our committee members.

Disclaimer: The State Bar of Georgia and Attorney Wellness Task Force do not endorse or make representations with respect to the services, products, articles or resources listed on this website. This website is a service to our members and the public. We make no warranty or guarantee concerning content accuracy on this site or on other sites to which we link.


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GBJ | From the Executive Director


JEFF DAVIS

Over the past couple of years, the State Bar of Georgia has placed an in-creased emphasis on lawyer wellness. We recognize the fact that too many of our members’ professional and personal lives are adversely affected by the high level of stress unique to the practice of law, and we have stepped up our programming in an effort to provide help when it is needed.

In February 2016, the American So-ciety of Addiction Medicine published the first comprehensive study on the prevalence of substance abuse and men-tal health concerns among licensed attor-neys in more than 25 years.1 The study employed the Alcohol Use Disorders Identification Test (AUDIT), a 10-item self-report instrument developed by the World Health Organization to screen for hazardous use, harmful use and the po-tential for alcohol dependence.

In the survey of 12,825 participants currently employed in the legal profession, 20.6 percent provided responses consis-tent with problematic drinking, compared to 11.8 percent of a broad, highly educated workforce screened on the same measure. The groups of lawyers displaying a pro-portionately higher result for problematic use were men, younger participants, those working in the field for a shorter period of time, attorneys working in private law firms or for the bar association, and those at the junior or senior associate level com-pared with other positions.

On the questions specifically focused on the quantity and frequency of use, 36.4 percent of the participants were evaluated as “consistent with hazardous drinking or possible alcohol abuse or dependence.”

This compares with 15 percent of physi-cians and surgeons who screened positive on the quantity and frequency of use. On these questions, a significantly higher pro-portion of women in the legal profession had scores consistent with problematic use, along with respondents ages 50 and under.

The differences among attorneys at dif-ferent stages of their careers were borne out in both the broad-range screening and the specific subset. While previous research from 1990 and before had dem-onstrated a positive association between the increased prevalence of problematic drinking and an increased number of years in the profession, these new find-ings reflect the direct opposite.

Of the respondents who stated that they believe their alcohol use has been a prob-lem, a majority (57.9 percent) reported problematic use manifested during law school (14.2 percent) or in their first 15 years of law practice (43.7 percent). “Taken together, it is reasonable to surmise from these findings that being in the early stages of one’s legal career is strongly correlated with a high risk of developing an alcohol use disorder,” write survey authors Patrick R. Krill, Ryan Johnson and Linda Albert.

“In the legal profession, drinkingis a learned response to stress,” Krill wrote in a September 2016 article for Law.com. “Heavy drinking and a general lack of self-care are normalized—begin-ning in law school—resulting in a wide-spread cultural validation of poor lifestyle choices. Those engaged in risky or oth-erwise unhealthy behaviors experience a confirming effect when they look around at their peers and mentors, oftentimes

Executive DirectorState Bar of Georgia [email protected]


2017 APRIL 15

squelching any doubts about whether they are on a dangerous trajectory.”2

Study participants were also ques-tioned regarding their use of various classes of both licit and illicit substances, including stimulants, sedatives, tobacco, marijuana and opioids. The results found substantial to intermediate concern of use of these substances for about 25 percent of those surveyed.

On the subject of mental health, par-ticipants were asked about any past men-tal health concerns they had experienced over the course of their legal career. The most common conditions reported were anxiety (61.1 percent), depression (45.7 percent), social anxiety (16.1 percent), attention deficit hyperactivity disorder (12.5 percent), panic disorder (8 percent) and bipolar disorder (2.4 percent). Some 11.5 percent reported having suicidal thoughts at some point during their ca-reer, 2.9 percent reported injurious be-haviors and 0.7 percent reported at least one prior suicide attempt.

Among the 6.8 percent of respondents who reported past treatment for alcohol or drug use, 21.8 percent had utilized treatment programs specifically tailored to legal professionals. Those reporting no prior treatment were questioned about hypothetical barriers in the event they were to need future treatment or services. The two most common barriers reported were (1) not wanting others to find out they needed help and (2) concerns regard-ing privacy or confidentiality.

Fortunately, the State Bar of Georgia provides a member benefit specifically de-signed to help lawyers and judges address these issues—including that of confiden-tiality. The Lawyers Assistance Program (LAP) offers Bar members up to six free sessions per presenting issue per year, in person with a professional counselor.

These services are accessible to Bar members through the confidential LAP Hotline at 800-327-9631, which is staffed by trained counselors 24 hours a day, seven days a week. Callers to the hotline receive advice, referrals and materials dealing with a wide variety of individual concerns, and financial and geographic needs. The LAP’s Work/Life program offers assistance with such issues as childcare, elder care and finances.

Also under the auspices of LAP, the State Bar’s suicide awareness campaign has a dual purpose as it is directed toward those who are suffering from anxiety and depression and may be at risk for suicide, as well as all Bar members, who need to be able to recognize the severity of the problem and identify warning signs among our colleagues.

These warning signs are detailed on the Bar’s website and include feelings of hopelessness or worthlessness, de-pressed mood, poor self-esteem or guilt; withdrawal from friends, family and ac-tivities that used to be fun; changes in eating or sleeping patterns; anger, rage or craving for revenge; feeling tired or exhausted all of the time; trouble concentrating, thinking, remember-ing or making decisions; restless, irri-table, agitated or anxious movements or behaviors; regular crying; neglect of personal care; reckless or impulsive be-haviors; persistent physical symptoms such as headaches, digestive problems or chronic pain that do not respond to routine treatment; and thoughts about death or suicide.

To ensure the confidentiality for mem-bers needing help, the Bar contracts the services of the CorpCare Associates Inc. Employee Assistance Program, a national counseling agency headquartered in Geor-gia. For more information or assistance,

call the LAP Hotline at 800-327-9631 or email CorpCare Associate Vice President Lisa Hardy at [email protected].

An ounce of prevention being worth a pound of cure, the Bar more recently launched the Lawyers Living Well pro-gram, which makes lawyer wellness—mental, physical and social—a priority. In addition to promoting wellness-related CLE seminars and other activities, the program’s website offers a wealth of in-formation geared toward helping lawyers in their lives and practices.

A key objective of this initiative is to make sure our members know about the resources already in place where they can turn for help. These include LAP and the suicide awareness campaign, as well as the Support of Lawyers, All Concern Encour-aged (SOLACE) program and the Law Practice Management program.

Our Attorney Wellness Task Force works to identify factors that impact the physical and emotional well-being of at-torneys. The task force members are prac-ticing lawyers who understand the day-to-day stresses associated with the practice of law. Their goal is to seek out and vet sources of information that will help their colleagues and to provide resources for our members in crisis or simply wanting help.

Visit www.LawyersLivingWell.org for more information. In the meantime, we will continue to work to enhance and raise awareness of the services the Bar offers to our Georgia lawyers who need assistance.

ENDNOTES1. Krill, Patrick R. JD, LLM; Johnson, Ryan

MA; Albert, Linda MSSW; Journal of Addiction Medicine, February 2016, Vol. 1, Issue 1, p. 46-52.

2. Krill, Patrick; “Law Schools Must Confront Students’ Alcohol, Mental Health Problems: Opinion,” Law.com, September 28, 2016.



KENNETH B. HODGES III

PresidentState Bar of Georgia [email protected]

GBJ | From the President

Best Way to Deal With Stress? Chillax! There are many benefits to having young children. One of them is learning new words. As you might infer, “chillax” is a modern blend of the commonly used words “chill” (as a verb, meaning to calm down) and “relax.”

I had not heard this particular word before my 7-year-old son Jack intro-duced me to it. He used it recently after the Annual Meeting of the State Bar of Georgia in June at Amelia Island. The morning after I was installed as the 56th president of the Bar, and following a fun evening of dancing and fellowship, Jack pronounced we all needed to “chillax.”

It was great advice on a number of lev-els. Ordinarily, I would have been packing the car early Sunday for our quick return, so I could hit the ground running Monday morning. But after recently completing a more than yearlong, statewide campaign, and then presiding over a busy weekend of Annual Meeting activities, quality time with my family was just what the doc-tor ordered. I packed up the beach bag, boogie boards, grabbed some towels and headed down to the beach with Melissa, Margaret and Jack. Chillaxing was the order of business for the day and the day that followed.

We lawyers tend to run hard and fast. In order to better serve our clients, our families and ourselves, we should take time to recharge our batteries. Indeed, this is a high priority of the Bar’s wellness initiative, and we should all be paying more attention to the need for rest and relaxation. The consequences of unchecked stress are very real.

The week of the Annual Meeting brought the shocking news of fashion designer Kate Spade taking her life, followed only days later by the suicide of TV chef and CNN personality Anthony Bourdain—two people who seemingly “had it all” in terms of success and popularity. Their deaths reveal there are underlying battles—for famous celebrities and everyday people alike—that we all have to fight. A growing number are unable to overcome those challenges.

Suicide is now recognized as one of the leading causes of death in the United States, according to the Centers for Disease Control (CDC). The rate of suicide increased in nearly every state from 1999 through 2016. The CDC’s website states, “Mental health condi-tions are often seen as the cause of sui-cide, but suicide is rarely caused by any

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single factor. In fact, many people who die by suicide are not known to have a diagnosed mental health condition at the time of death. Other problems of-ten contribute to suicide, such as those related to relationships, substance use, physical health, and job, money, legal, or housing stress.”

As we are all too aware, lawyers are not immune to suicide. I personally know two Georgia lawyers who tragi-cally took their lives in recent months, and the pain of their sudden deaths has certainly been felt outside their stunned and heartbroken families. Research sug-gests that lawyers experience depression and substance abuse at higher rates than the general population, and lawyers may be at a greater risk for suicide.

Recent data shows high rates of mental illness among legal professionals. A 2016 survey of roughly 11,500 attorneys, pub-lished in the Journal of Addiction Medicine, showed that 61.1 percent of lawyers had encountered anxiety during their careers. Other mental health concerns included were depression (45.7 percent), social anxiety (16.1 percent), attention deficit and hyperactivity disorder (12.5 percent), and suicidal thoughts (11.5 percent).

Because more lawyers are experienc-ing high levels of stress and find them-selves both unhealthy and unhappy in their professional and personal lives, the State Bar is continuously striving to promote health and wellness among our members and staff, including the devel-opment of work/life balance CLE pro-grams, and through an increased aware-ness of the Bar programs that deal with such issues.

Any Bar member dealing with stress and/or other mental wellness issues can utilize several avenues of help. Our free confidential Lawyer Assistance Pro-gram (LAP) hotline at 800-327-9631 is staffed by trained counselors 24 hours a day, seven days a week. The hotline is available for lawyers and judges who are

The State Bar of Georgia’s eight officers are elected to a one-year term by the membership and serve as members of the Executive Committee. Three of the officer positions are held by the president, president-elect and immediate past president of the YLD, shown on page 11.

OFFICERS’ BLOCK

KENNETH B. HODGES IIIPresident

Hodges, of Ken Hodges Law, focuses his law practice on criminal defense and civil litigation, including but not limited to personal injury, wrongful death, commercial litigation and civil rights cases. Ken Hodges Law has offices in Atlanta and Albany. He will be sworn in to the Court of Appeals of Georgia in January 2019.

DARRELL L. SUTTONPresident-Elect

Sutton, of the Sutton Law Group LLC in Marietta, practices insurance defense litigation, primarily representing employers, insurers, self-insured companies and servicing agents in workers’ compensation claims throughout Georgia.

DAWN M. JONESTreasurer

Jones, of The Firm of Dawn M. Jones, LLC, is a former ICU nurse representing clients and their families for death or severe injuries resulting from medical negligence, nursing home neglect/abuse, collisions and other tort-related matters throughout Georgia. She also serves as a litigation and expert witness consultant, as well as experienced co-counsel to fellow plaintiffs’ trial attorneys.

BRIAN D. “BUCK” ROGERSImmediate Past President

A partner with Fried Rogers Goldberg LLC, Rogers is a civil attorney representing victims of catastrophic claims primarily in commercial motor vehicle collisions, and holds a Class “A” Commercial Driver’s license. He is a P.O.S.T. (Peace Officer’s Safety Training) Certified guest lecturer on Commercial Motor Vehicle Collisions and Law.

ELIZABETH L. FITESecretary

Fite is an assistant county attorney in the DeKalb County Law Department and is a member of the Law Department’s Public Safety Group. While she represents the county on a variety of matters, Fite’s practice is primarily focused on representing the Police Department and Sheriff’s Department in civil litigation.


experiencing personal problems causing significant concerns. LAP also offers up to six prepaid in-person counseling ses-sions with a licensed counselor per year. To help meet the needs of its members and ensure confidentiality, the Bar con-tracts the services of CorpCare Associ-ates, Inc., Employee Assistance Program, a Georgia-headquartered national coun-seling agency. LAP is separate and apart from the Office of the General Counsel (OGC) and Bar members voluntarily seeking counseling will not be referred to OGC for discipline.

Georgia Lawyers Helping Lawyers is a new, confidential, peer-to-peer pro-gram that connects colleagues suffer-ing from stress, depression, addiction or other personal issues with a fellow Bar member who will listen and help. You can visit www.GeorgiaLHL.org for more information.

Our Suicide Awareness Campaign has a dual purpose. It is first directed toward lawyers and judges suffering from anxiety and depression, who may be at risk for suicide. But this campaign is equally vital for all Bar members to become more aware of the severity of this problem. This is so they can reach out to a friend and colleague

I was honored to help spearhead this initiative as chairman three years ago, beginning as a task force and growing into a standing committee. Its aim is promoting the value of total wellness—mind, body and soul. The LawyersLivingWell.com website is a clearinghouse of resources devoted to the wellness initiative’s approach to mental, physical and social well-being.

Which brings us back to the concept of “chillaxing.”

After the Annual Meeting, Melissa, the kids and I visited Civana Carefree, a wellness resort in Arizona offering multiple classes focused on wellness. There was yoga, nutrition education, mindfulness training and fitness classes for all levels. I actually participated in my first-ever yoga class and guided meditation. We learned how to juice vegetables and fruits, and even create tasty meals with the pulp. There were guided hikes outdoors, where we also learned about Arizona’s unusual plants and animals, focusing on physical well-being. And, there was an emphasis on the restorative benefits of getting a full night’s rest. We walked away refreshed, with some new relaxation skills in our toolkit that we are incorporating into our

busy lawyers and other Paula Davis-Laack, writing Law Practice Today blog, “daily recovery from wormaintain high levels of wformance and resilience. Rwork is defined as the proa person’s functioning restressor levels and work-is reduced. It’s not enougand take a break. Optimal combination of both interthe short breaks you take wwork every day and exterhow you spend your time the weekends, and on vaca

If you can’t take a significtime to focus on wellness, tsmall things you can do wthat can have an impact your total health. Mayo conclude that whether youraling out of control or youit tamed, you can benefit a variety of relaxation teccan be easy to learn, are low cost, pose little risk annearly anywhere. And, pration techniques can have including slowing heart arates, lowering blood presmuscle tension, improving and mood, lowering fatifrustration and boosting handle problems.

According to the Mayo“relaxation techniques inving your attention on someand increasing awareness odoesn’t matter which relaxayou choose. What matters to practice relaxation regulbenefits.”

The clinic’s recommendlaxation techniques include

Autogenic relaxatio

Ultimately, finding balance is a life-long effort. I believe my son’s simple advice to “chillax” is as good a first step as any. The practice of law is demanding and consuming, but discovering the art of living well should be our real goal. We will become better lawyers, and better people, along the way.


2018 AUGUST 9

reduce stress. You repeat words or suggestions in your mind that may help you relax and reduce muscle tension. For example, you may imagine a peaceful setting and then focus on controlled, relaxing breathing, slowing your heart rate, or feeling different physical sensa-tions, such as relaxing each arm or leg one by one.Progressive muscle relaxation. In this relaxation technique, you focus on slowly tensing and then relaxing each muscle group. This can help you focus on the differ-ence between muscle tension and relaxation. In one method you start by tensing and relaxing the muscles in your toes and progressively working your way up to your neck and head. Contract your muscles for about five seconds and then relax for 30 seconds, and repeat.Visualization. Try forming amental image of a peaceful, calming place or situation. Incorporate as many senses as you can, including smell, sight, sound and touch. If you imagine relaxing at the ocean, for instance, think about the smell of salt water, the sound of crashing waves and the warmth of the sun on your body.

As with any skill, practice makes per-fect. That’s why I am planning a well-ness CLE for early next year to give everyone in the Bar an opportunity to pursue good health and work/life bal-ance. I hope you will consider joining Melissa and me for this unique wellness education, and carve out time to take care of yourself.

Ultimately, finding balance is a life-long effort. I believe my son’s simple ad-vice to “chillax” is as good a first step as any. The practice of law is demanding and consuming, but discovering the art of liv-ing well should be our real goal. We will become better lawyers, and better people, along the way.

The State Bar’s Lawyer Assistance Program (LAP) is a confidential service provided to help our members with life’s difficulties. In order to help meet the needs of our members and ensure confidentiality, the Bar contracts the services of CorpCare Associates, Inc., a Georgia-headquartered national counseling agency.

Contacting the LAP is never reported to the Bar or the LAP Committee. CorpCare Associates is a private company who has assisted thousands of professionals attempting to resolve personal problems that affect their success, health and relationships.

Through this program, you are entitled to six prepaid in-person counseling sessions per presenting issue per 12-month period, no questions asked, 100 percent confidential. The LAP is designed with the convenience of counselors in every community throughout Georgia. In addition, the LAP also provides counseling via secure video. If you prefer the privacy of your home

or office and don’t have time for the additional travel, this option is for you. You will receive the same qualified, professional counselors and the same private and confidential assistance.

There is no problem too great or too small for the LAP. Many think of the LAP for substance abuse problems, and they do that. But the LAP can also help with communication—with your spouse, your children and your colleagues. They can provide guidance when it comes to the challenges of balancing your work and personal life. Are you struggling with an irritable mood or generally feeling unfulfilled? Let the caring professionals of the LAP help. Do you ever feel overwhelmed, burned-out or hopeless? They are there for you.

You’re not alone. The LAP is a phone call away, 24 hours a day and seven days a week. Call 800-327-9631.

Know Your Bar

Free Personal Counseling ServicesSix free in-person counseling sessions per presenting issue per 12-month period. Professional. Convenient. Confidential.

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The Professional and PersonalValue of Pro BonoPresented By:

Jana J. Edmondson-CooperU.S. Department of Labor - Offi ce of the SolicitorAtlanta, GA

Michael LucasAtlanta Volunteer Lawyers Founda onAtlanta, GA

Hon. Catherine M. SalinasUnited States District CourtAtlanta, GA


8 � Cornerstone VOLUME 29, NUMBER 1

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LEGAL HELP FOR SPEAKERS OF OTHER LANGUAGES:

THREE ETHICAL TRAPS

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By Paul M. Uyehara

In providing services to clients with limited English proficiency (LEP), legal services staffmust be sensitive to lurking ethical issues. Although programs have realized that the old waysof serving clients with LEP are no longer acceptable, this article will introduce possibly over-

looked ethical considerations.Let’s look at five common scenarios for lawyer-LEP client communication and then consider

how three of them could be hazardous ethically:

SCENARIO LAWYER INTERPRETER RESULT1 Monolingual Not used Neither party understands other well

2 Monolingual Informal Could be the same as #1

3 Monolingual Professional Should be OK

4 “Bilingual” Not used Same as #1 as lawyer not fluent

5 Bilingual Not used Best situation

Today, we understand that we need to be talk-ing to clients with LEP in a common language inwhich both client and lawyer are fluent (scenario5) or we need the services of a trained, trulybilingual interpreter to serve as a communication

conduit (scenario 3). So long as the lawyer inscenario 3 has been trained to effectively workwith an interpreter, scenarios 3 and 5 are lesslikely to present special ethical issues.

Although the remaining three scenarios typi-


fy the old ways of doing business, they are still likely to bewidely encountered. These scenarios should cause you towake up in a cold sweat in the middle of the night.

Duty to CommunicateRule 1.4 of the ABA Model Code of Professional

Responsibility makes the lawyer responsible for goodattorney-client communication. The rule mandates that alawyer inform, consult with, explain and seek consentfrom the client about the case.

Attorneys who speak with clients in a language that onedoes not understand well risk a violation of Rule 1.4.Those who charge ahead in scenario 1 using English only,perhaps speaking more slowly or loudly, risk getting thefacts wrong, not understanding the client’s goals and nothaving the client understand legal advice. The situation isno different in scenario 4 when a lawyer with mediocresecond language skills attempts to converse with the clientin that language. Failing to seek assistance from an inter-preter is asking for miscommunication when dealing withan LEP client.

The lawyer sensible enough to know that an interpreteris needed for effective communication should be a stepahead. Or not. In scenario 2, lawyers who rely upon infor-mal interpreters may be in worse trouble for reasons thatwill be explained later. Informal interpreters are untrained,untested volunteers. Whether relatives or friends of theclient, helpful community organization staff, or purport-edly bilingual staff or law students, they may have seriousdeficiencies in at least one of the languages involved andhave no way of knowing how to properly function as aninterpreter. Learning a second language does not teachyou how to interpret.

Lawyers using informal interpreters run the foreseeablerisk that the interpreter will omit, change or add to whatthe speaker is saying or insert his own legal advice. Thefamily interpreter may feel comfortable answering ques-tions for the client. Lawyers, especially if themselves nottrained in the accepted interpreting methods, may be bliss-fully ignorant of the miscommunication which is occurringin plain view. At least until they wake up in a cold sweat.

Confidentiality, Privilegeand the Interpreter

Rule 1.6 provides that, with certain exceptions, alawyer “shall not reveal information relating to representa-tion of a client”. Also, attorney-client privilege can protectcommunications between attorney and client from beingdivulged in court without the client’s consent. But whathappens when an interpreter is present for the conversa-tion?

The presence of an extraneous person in an attorney-client conversation may undermine the confidentiality of theinformation and destroy the privilege. When used properly,the interpreter should be viewed as an agent of the lawyerwhose presence is necessary to allow the conversation tooccur. In those circumstances, the privilege is not lost.

The informal interpreter may playother roles in the situation — as a con-cerned relative expressing her ownopinion, as advisor or as a witness. As the untrained inter-preter strays from acting strictly as a conduit, the riskincreases that a court will find that the privilege was lost.

And practical protection of the client’s confidencesrequires that the interpreter know that he is not permittedto disclose to anyone not present what was said, or eventhat the client was seeking legal help.

Duty to Supervise AssistantsModel Rule 5.3 makes a lawyer responsible to ensure

that any employee or contractor of the lawyer will complywith the other rules. Rule 5.3 applies to interpreters just asit applies to paralegals, law students and clerical staff. Allmust be trained and supervised to ensure that the non-lawyer assistant does not engage in conduct which theattorney cannot.

Rule 5.3 exposes the risk presented by the informalinterpreter. Not only is the interpreter neither an employ-ee nor a contractor of the lawyer, but the lawyer has noway of ensuring that the interpreter acts properly to protectthe attorney-client relationship. The lawyer has not trainedthe interpreter or set any boundaries on the interpreter’sconduct. Practically speaking, how can the lawyer super-vise an interpreter he did not procure?

And when we use staff interpreters, ethical concernssuggest the importance of ensuring that they possess thenecessary language skills and training to do the job well.

Programs would be well-advised to review ethicalstandards in their jurisdictions and adopt appropriate poli-cies and training requirements. We all need our sleep. p

Paul M. Uyehara is a senior staff attorney in the LanguageAccess Project of Community Legal Services, Inc. and a mem-ber of the National Language Access Advocates Network (N-LAAN).

VOLUME 29, NUMBER 1 Cornerstone � 9

PRACTICE POINTERSLawyers communicating with clients with LEPshould consider the following basic guidelines:

1. If you and the client are not fluent in the samelanguage, use an interpreter.

2. Use professional interpreters and avoid informalones, especially those supplied by the client.

3. Consider requiring the interpreter to sign a pledgeto hold all information in confidence, protectattorney-client privilege, and not advise theclient.

4. Get training in how to work with an interpreterand make sure that staff interpreters are trainedand evaluated.


Supreme Court of Georgia Commission on Interpreters

— A Bench Card for Judges —

WORKING WITH LIMITED ENGLISH PROFICIENT PERSONSAND FOREIGN-LANGUAGE INTERPRETERS IN THE COURTROOM

The Law on Foreign-Language Interpreters for Participants in Court Proceedings

Under Federal law, including Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and Georgia statu-tory law, case law, and Supreme Court rules, Georgia courts are required to provide qualified foreign-language interpreters to participants in court proceedings who are limited English proficient (LEP). They must provide these services when necessary to ensure effective commu-nication by and with LEP participants. LEP participants can include litigants, witnesses, and spectators. Court proceedings include all court services, programs, and activities. LEP participants:• Cannot be required to arrange or pay for their own in-

terpreters, nor can their attorneys be required to do so;• Must be provided an interpreter for any criminal or civil

proceeding;• Can waive their right to an appointed interpreter if the

waiver is in writing and is approved by the court, andcan revoke that waiver at any time;

• Do not waive their right to an appointed interpretersimply because they do not request one;

• Do not lose the right to an appointed interpreter be-cause they speak or understand some English.

Sample Questions to Assess

• How did you learn English?• Please tell me about your native country.• Describe some of the things you see in this courtroom.After examination, the decision maker should state his or her conclusion on the record, and the case file should be clearly marked and data entered electronically to ensure that an interpreter will be present when needed in any subsequent proceeding.In some instances, the decision maker may appoint an in-terpreter based solely on a participant’s written or verbal request. Courts should encourage participants to alert the court to their need for an interpreter and the language needed as soon as possible so the court has adequate time to locate a qualified interpreter. Participants should not be required to wait to make their first request for an interpreter in person in court.

Foreign-Language InterpreterThe Supreme Court Commission on Interpreters (Com-mission) maintains an online database of state-licensed interpreters that can be searched by language and by county, at coi.georgiacourts.gov.Interpreters licensed through the Commission have fully satisfied rigorous examinations, training, and court obser-vation, and have undergone background checks.If there is no interpreter on the registry for the language you need, contact the Commission at 404-463-3808 or [email protected].

LEP participants in court proceedings can self-identify their preferred language by using a Language Identifica-tion Guide: coi.georgiacourts.gov/content/language-iden-tification-guide.

Determining the Need for a Foreign-Language Interpreter

An interpreter shall be appointed when the decision maker, which would include the judge, magistrate, special master, commissioner, hearing officer, arbitrator, neutral, or mediator, determines, after an examination of the participant in the court proceeding, that:• The party cannot understand and speak English well

enough to participate fully in the proceedings and toassist counsel; or

• The witness cannot speak English so as to be under-stood directly by counsel, the decision maker, and/orthe jury.

Credentials of Foreign-Language InterpretersCourts should make a diligent effort to appoint a “Certi-fied” interpreter. If a Certified interpreter is unavailable, a “Conditionally Approved” or “Registered” interpreter should be given preference. If the court is unsure of an interpreter’s qualifications, the court should voir dire the interpreter:


Additional Considerations When Selecting Foreign-Language Interpreters

Courts should consider other factors to determine wheth-er an interpreter is suited to work in court. For example:• The interpreter’s prior professional and/or social contact

or association with the LEP participants;• Education, professional training, and formal legal train-

ing completed by the interpreter; and• The types of court proceedings in which the interpreter

has experience.Courts should also consider that:• The ability to speak a foreign language does not equal

the ability to interpret nor qualify a person to interpret;• Relatives or friends of LEP parties, witness, judges, or

attorneys should not interpret court proceedings. Mi-nor children should never be used to interpret;

• Court personnel or bilingual staff should not functionas interpreters unless they are Certified and employed asstaff interpreters;

• Court interpreting is strenuous, so it advisable toschedule regular breaks. Sometimes, appointing morethan one interpreter may be necessary for proceedingsexpected to last more than two hours;

• The interpreter is a neutral party whose sole job is tofacilitate communication by interpreting everythingsaid during the proceedings;

Recording the ProceedingsWhere a Certified interpreter is used, no audio or audio-visual record of the non-English testimony is required, but the court may authorize the making of a recording.Where a non-Certified (e.g., Conditionally Approved, Registered, or unlicensed) interpreter is used, the court shall make an audio or audiovisual recording of any non-English testimony. This recording shall become part of the record of the proceeding: coi.georgiacourts.gov/content/supreme-court-rules.

• The interpreter cannot participate in any capacity otherthan as the interpreter;

• The interpreter may not provide advice or explanationsabout what was said or done in court;

• The interpreter is a conduit for information exchange,and not a direct participant in the proceeding.

ResourcesGeorgia Supreme Court Rule on Interpreterscoi.georgiacourts.gov/content/supreme-court-rules

“Is It Reversible Error?” Georgia Courts Journal (March 2015) http://journal.georgiacourts.gov/it-reversible-error

Georgia Council of State Court Judges 2016 Benchbook, Chapter on Appointing Qualified Interpreters (appropriate for all trial courts) statecourt.georgiacourts.gov/content/chapter-11-appoint-ing-qualified-interpreters

National Association of Judiciary Interpreters & Trans-lators Code of Ethics and Professional Responsibilitieswww.najit.org/about/NAJITCodeofEthicsFINAL.pdf

Federal Interagency Website on Limited English Proficiency www.lep.gov/

Sample Voir Dire to Assess

• “What training/credentials do you have?”• “What is your native language?”• “State some canons from the Code of Professional

Responsibility for Interpreters.”• “How many times have you interpreted in court?”• “What types of cases have you interpreted?”

If, after a diligent search by the court, a Certified or other licensed interpreter is unavailable, the court should weigh the need for immediacy in conducting a hearing without a licensed interpreter or with an unlicensed interpreter or telephonic interpreter, against the potential compromise of due process, or the potential of substantive injustice, if the quality of interpreting is inadequate. Failure to appoint a qualified interpreter or no interpreter at all can result in reversible error on appeal. If the court determines that the use of a non-licensed in-terpreter is warranted, refer to the Commission’s Instruc-tions for Use of a Non-Licensed Interpreter:coi.georgiacourts.gov/content/forms-brochures. When a non-professional interpreter is used, the court should personally verify the interpreter’s basic understanding of his or her role, on the record.

The court should administer an oath prior to the start of court proceedings. Below is an example:“Do you solemnly swear or affirm that you will faithfully interpret from (the foreign language) into English and from English into (the foreign language) the proceedings before this court in an accurate manner to the best of your skill and knowledge?”

All Georgia-licensed court interpreters are subject to the Code of Professional Responsibility for Interpreters:coi.georgiacourts.gov/content/supreme-court-rules.


Supreme Court of Georgia Commission on Interpreters

— A Bench Card for Judges —

WORKING WITH DEAF OR HARD OF HEARING PERSONSAND SIGN LANGUAGE INTERPRETERS IN THE COURTROOM

The Law on Sign Language Interpreters for Participants in Court Proceedings

Under the Americans with Disabilities Act (ADA) and state law (O.C.G.A. § 24-6-650 to 658), Georgia courts must provide auxiliary aids or services – such as quali-fied sign language interpreters – to participants in court proceedings who are deaf or hard of hearing (DHH). They must provide these aids or services when necessary to ensure effective communication by and with DHH participants. DHH participants can include litigants, wit-nesses, and spectators. Court proceedings include all court services, programs, and activities. DHH participants:

• Cannot be required to arrange or pay for their owninterpreters;

• Must be provided an interpreter for any criminal or civilproceeding;

• Can waive their right to an interpreter if the waiver is inwriting and it is approved by the court;

• Do not waive their right to an interpreter simply becausethey do not request an interpreter.

Credentials of Sign Language Interpreters

An ability to sign does not equate to being able to inter-pret. To effectively communicate, the interpreter must possess the necessary skills to process spoken language into equivalent sign language and to process sign language into equivalent spoken language. Family members or friends of DHH participants should never be called upon to interpret court proceedings. Court personnel should not function as interpreters unless they are certified and employed as staff interpreters.

A court official or designee should assess an interpreter’s qualifications prior to scheduling the interpreter’s appear-ance in court. To be recognized as qualified in Georgia, an interpreter must hold a current certification from the Reg-istry of Interpreters for the Deaf (RID). For legal proceed-ings, courts should first try to use certified sign language interpreters who hold this credential:

• SC:L (Specialist Certificate: Legal) Preferred and rec-ommended credential based on demonstrated specializedknowlege of legal system, language, and settings.

If an SC:L interpreter cannot be located, interpreters with these RID certifications may also be used. However, it is recommended that they have additional specialized train-ing in legal interpreting:

• NIC (National Interpreter Certification), Master• NAD V (National Association of the Deaf: Certification

–Master)• CI and CT (Certificate of Interpretation and Certificate

of Transliteration)• CDI (Certified Deaf Interpreter)• CSC (Comprehensive Skills Certificate)

Establishing the Communication Preference of the Participants

The court must ask DHH participants to identify the type of reasonable accommodation needed.1 If a request for an interpreter is not made, but the participants could ben-efit from the services of an interpreter, the judge should address the need on the record:

• “Please tell the court your name.”• “You have the right to participate and understand these

proceedings. Tell the court the best way to communicatewith you, so you know what is being said.”

• “Do you need an interpreter?”

Sign Language InterpreterThe Registry for Interpreters for the Deaf (RID), the national certification organization for all sign language interpreters, has a searchable database of certified members on its website, www.rid.org

If the court is unsure of an interpreter’s qualifications, the court should voir dire the interpreter:

Sample Voir Dire to Assess

• “Are you certified by RID?”• “What specialized training have you completed?”• “How long have you been an interpreter?”• “How many times have you interpreted in court?”• “Describe the Code of Ethics as it applies to legal

interpreters.”• “How did you learn American Sign Language?”


Additional Considerations When Selecting Sign Language Interpreters

Courts should take additional steps to determine whether a particular interpreter is suited to work in a court setting. Some considerations could include:

• Prior professional and/or social contact or associationwith the DHH participants.

• Education, professional training, and formal legal train-ing completed by the interpreter.

• The types of court proceedings in which the interpreterhas experience.

(A full list of suggested voir dire questions, considerations, and acceptable answers may be requested from the Judicial Council/Administrative Office of the Courts.)

Best Practices for Interacting with DHH Persons2

• DHH persons experience differing levels of hearing lossand may prefer varying methods of communication. AskDHH persons which method they prefer.

• When speaking with DHH persons, whether through asign language interpreter or not, speak directly to them,look directly at them, and maintain eye contact. Naturalfacial expressions and gestures will be helpful in facilitat-ing your conversation.

• The role of a sign language interpreter is only to facili-tate communication between DHH and hearing people.Therefore, the interpreter should never be asked toparticipate in any activity other than interpreter for theDHH individual.

ResourcesGeorgia Supreme Court Rule on Interpreters

coi.georgiacourts.gov/content/supreme-court-rules

State of Georgia ADA Coordinator’s Officehttp://ada.ga.gov

Georgia Registry of Interpreters for the Deafwww.garid.org

Georgia Council for the Hearing Impairedwww.gachi.org

National Association of the Deafwww.nad.org

Registry of Interpreters for the Deaf/National Assoc. for the Deaf Code of Professional Conduct

http://coi.georgiacourts.gov/sites/default/files/coi/NAD_RID_ETHICS.pdf

National Association of Judiciary Interpreters & Translators Code of Ethics and Professional

Responsibilitieshttp://www.najit.org/about/NAJITCodeofEthicsFINAL.pdf

Working with Sign Language Interpreters in Texas: A Bench Card for Judges

http://www.najit.org/asl/benchcardtexas.pdf

U.S. Dept. of Justice/Americans with Disabilities Act www.ada.gov

The court should administer an oath prior to the start of court proceedings. Below is an example:

“Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law, follow all official guidelines established by this court for legal interpreting, and discharge all of the solemn duties and obligations of legal interpretation?”

The Registry of Interpreters for the Deaf and the Nation-al Association of the Deaf (NAD) together have enacted a Code of Professional Conduct for interpreters that com-prises seven ethical tenets:

1. Adhere to standards of confidential communication.2. Possess the professional skills and knowledge required

for the specific interpreting situation.3. Conduct themselves in a manner appropriate to the

specific interpreting situation.4. Demonstrate respect for consumers.5. Demonstrate respect for colleagues, interns, and stu-

dents of the profession.6. Maintain ethical business practices.7. Engage in professional development.

The Code applies to RID’s certified and associate members and NAD’s certified members; is superseded by any local, state, or federal laws and regulations; and applies to both face-to-face and remote interpretations.

1 As set out in the final ADA Title II rule, ‘‘[t]he type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of commu-ni-cation used by the individual, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities.’’ 28 C.F.R. 35.160(b)(2)(analysis).

2Best Practices when Interacting with Persons with Disabilities: A Customer Service Guide for State Government Agencies – Georgia State Financing and Investment Commission, State ADA Coordinator’s Office.http://ada.georgia.gov/sites/ada.georgia.gov/files/related_files/document/BestPractices%20Handbook%20final%20copy%20with%20Corrina%20M%20foreward.pdf


The Professional Case for Pro Bono

Michael Lucas Deputy Director

Atlanta Volunteer Lawyers Foundation

Presented at:

Young(er) Lawyers Series: Law Practice Management, Part 2

October 18, 2016 8:15 am to 12:00 pm King & Spalding, LLP 1180 Peachtree Street

Atlanta, Georgia 30309 United States



There are many compelling reasons to commit to making pro bono service an integral part

of your practice. Much has been written, for example, about the skill development that one can

gain from taking on pro bono litigation matters. The value of integrating pro bono into your

practice from day one, however, goes far beyond basic skill development.

From the outset, it should be stressed that the one of the strongest reasons to engage in pro

bono is to help address the critical justice gap in our communities. Through the various pro bono

opportunities with Georgia’s nationally recognized legal non-profits, there are many ways to make a

real difference in your community. And the need is real. Based on a 2009 study, there are over

1.69 million households in Georgia in the low to moderate income brackets who cannot afford

legal help. Lower-income households in Georgia face an average of 3 civil legal issues each year –

and 90% of these Georgians do not obtain legal help for their needs. In just one example of

extreme need here in Atlanta, in 2015, 39,000 evictions were filed in Fulton County alone. Almost

all tenants go unrepresented. Representing tenants facing eviction is relatively easy with minimal

training, and studies show that the mere presence of a lawyer dramatically increases the chances

that a family will avoid homelessness.

Beyond the importance of “giving back,” integrating pro bono into your practice can be

critical to preventing burnout and depression. The legal profession has a serious problem with

burnout, which often rises to the most extreme levels. A 1990 Johns Hopkins University study

examined more than 100 occupations for anxiety-related issues and found that lawyers suffer from

depression at a rate 3.6 times that of the other professions studied. A National Institute for

Occupational Safety and Health study—based on data from 1984-1998—concluded that white male

lawyers are more likely to turn to suicide than nonlawyer professionals. Falling Through the

Cracks, a 2014 survey of Yale Law School students, found that 70 percent of them have struggled


with mental health issues during their time at law school. Experts have found that one important

strategy to avoiding burnout is to find more meaning in your work – i.e., a lack of meaning is one

of the key drivers of burnout. This is true across professions. For example, Dr. Ron Epstein found

that doctors who found a mere 20% of their work meaningful burned out significantly less than

others, even when the rest of the work was draining. The same is true for lawyers. There is hope.

For new lawyers, the opportunity for significant skill development through pro bono often

rivals that available through their paid practice. Through taking on pro bono cases, new lawyers

can gain critical client interview skills, case investigation and development experience, and practice

drafting demand letters and subsequent negotiation. These skills are taught too infrequently in our

law schools, and early in one’s career the opportunities to develop and build on those skills are

sorely limited. Beyond those critical skills, pro bono volunteers draft complaints, discovery, and

motions. They deal with opposing counsel. They gain valuable courtroom experience. They have

the opportunity to learn from experts in various areas of practice. In many cases, they get the rare

chance to run a case themselves – but with plenty of support. These are the experiences that

prepare lawyers for a long and successful career.

Beyond skill development, applying those skills, standing up in court, and getting a few

successes under your belt, all build one of the most important assets for a strong start to a

successful career: Confidence. Numerous volunteer attorneys have reported a remarkable

difference in their confidence after just one appearance in dispossessory court. Getting past that

early anxiety and getting used to standing up in court can quickly set a newer attorney apart from

her colleagues – and the opportunities to do so through pro bono can come years earlier than they

might in private practice, especially at a larger firm.

Moving beyond skill development and building confidence, the opportunity for deeper

professional development is often less appreciated. Two key elements of a long and successful


legal career are – as with many endeavors – building relationships and distinguishing oneself in a

very crowded field. Regular engagement in pro bono work – and, by extension, in your legal and

broader community – is an incredible opportunity to achieve both of those goals. First, pro bono

work can provide many networking opportunities – both external and internal. External

networking includes meeting prospective employers, building your network for referrals, and

building your reputation in the legal community. Internally – especially within larger firms – pro

bono projects often involve working across practice groups and with partners to whom you would

not otherwise by exposed – some of whom may sit on promotion or partnership review

committees. Regular pro bono engagement helps you get noticed within your firm, develop

channels for internal referrals, and generally build your reputation in an often large institution.

Pro bono also presents opportunities for free marketing – of yourself, you brand, and your

practice or firm. Many volunteer attorneys include their pro bono commitments on their webpages

and bios. Many pro bono organizations recognize and promote their volunteers on their own

websites, in newsletters, email blasts, and social media that can reach thousands. Articles

highlighting the pro bono work of an attorney or firm are often included in state and local bar

journals, as well as in the Daily Report. Finally, pro bono organizations often give awards to

volunteers and firms at well-attended and well-publicized events. All of these forms of recognition

represent invaluable forms of free marketing.

Finally, there is a strong case to be made that meaningful pro bono engagement over one’s

career can help lawyers develop into “rainmakers.” There are numerous examples of incredibly

successful lawyers who are both top performers in their firms in terms of brining in clients and

revenue and leaders in their local bar, regular pro bono volunteers, and members of boards of

directors. This dual distinction is not a coincidence. As an early commitment to service through

taking on individual pro bono matters naturally developed into service on boards and to their local


bar association, so did their prominence in the legal community, their reputation among their

colleagues, their greater exposure outside of just the legal community, and – in turn – their respect

from and relationships with the broader corporate community. The latter – the business

community -- serves on those same boards, attends the same community functions, and are often

looking for new firms to handle their legal work. In short, the fully engaged lawyer is best

positioned to bring business into the firm.

Ending where we began, one of the strongest reasons to engage in pro bono is to help

address the critical justice gap in our communities. Beyond that compelling need, however,

integrating pro bono into your practice can be the secret to a long, financially successful, and

personally fulfilling legal career.



Michael Lucas Atlanta Volunteer Lawyers Foundation

Suggested Supplemental Readings*

Making the Business Case for Pro Bono, Esther Lardent

Revisiting the Business Case for Firm Pro Bono, Reena Glazer

The Hidden Benefits of Pro Bono, Deb Mallgrave

The Importance of Pro Bono Work in Professional Development, Brian Murray

*Permission to reprint and distribute these articles was obtained from each of the authors.

Client Communica on andOnline Reputa on ManagementPresented By:

Jenny Mi elmanOffi ce of General CounselState Bar of GeorgiaAtlanta, GA


Georgia Bar Journal


Pro Hac Vice

pro hac vice

.

pro hac vice

pro hac

pro hac vice


May a sole practitioner use a firm name that includes “group,” “firm,” or “&

Associates”?

guardian ad litem

guardian ad litem


Last Updated January 2019

Strategies for Working VirtuallyPresented By:

Natalie R. KellyDirector, Law Prac ce Management ProgramState Bar of GeorgiaAtlanta, GA


Strategies for Working Virtually

Natalie R. Kelly


Atlanta, GA


Strategies for Working Virtually By Natalie R. Kelly

Virtual law practices have sprung up around the country and are holding their

own as a viable way of doing business in our new era of tech-savvy consumers. So how

you do you set up such a practice and what must you watch out for to remain both

competitive and in compliance with applicable Bar rules when working from a virtual

setup?

DEFINING “WORKING VIRTUALLY”

First, there are thoughts about what a virtual law practice and lawyer is. So here is

an overarching definition of a virtual law firm to help understand some of the “working

virtually” arrangements more clearly. The definition is followed by an outline of virtual

law practice models.

“A virtual law firm is a legal practice that does not have a bricks-and-mortar

office, but operates from the homes or satellite offices of its lawyers, usually

delivering services to clients at a distance using technological means of

communication.”

- From http://en.wikipedia.org/wiki/Virtual_law_firm

Based on this broad definition, it is easy to see that a virtual lawyer may have options

to practice either:

1) Online – where all services and client contact is made via an online portal or

website with no physical office location;


2) Partially Online – some services and client contact happens online, and there

may be a physical location for some client face-to-face interaction; or

3) Mobile Only – all services are delivered to the client via a mobile arrangement

where the lawyer may travel to the client for face-to-face interaction, and

there is not likely to be a physical office location.

VIRTUAL LAW OFFICE TOOLS

Before tearing down your traditional office building or making a rash decision to

cut out the office, understand which tools are needed to make your practice successful

from wherever you practice. The most basic list of tools will likely include online virtual

office portals; interactive websites; secured remote access services; mobile devices;

cloud-based practice management and billing software; and online meeting and

collaboration services.

Here is a non-exclusive list of products and services for online practice

categorized to match the basic tools outlined here.

Online Virtual Office Portals – DirectLaw and Total Attorneys remain the

two premier deliverers of law office portal service. Their pricing and set ups can be

found online at www.directlaw.com and www.totalattorneys.com respectively. The

basic concept behind the portals are that the virtual lawyer can use their service to

deliver services via their templates and portal entry screens without having to piece

together or develop a virtual portal on their own. Newer platforms are being developed

to manage law office operations in a more streamlined way, and startup management

services like Shoobx, www.shoobx.com and Legal.io, www.legalio.com, have made


finding a platform to deliver legal services more like looking for a specific app or

program to get clients the legal help they need. Some platforms bring together lawyers

into networks to help deliver services more broadly.

Interactive Websites – There are no specific recommendations for vendors as

these services and providers may vary greatly by locale, etc. Instead, look for vendors

who have built other services and can provide references to prior jobs. Be careful to

understand whether the vendor has law office-specific credentials, as this will help avoid

wasted time and expense when it comes to building an ethically-compliant website. You

can begin your search with the non-exclusive list at

Secured Remote Access – Many firms make use of online access services like

Windows Remote Desktop, GoToMyPC, TeamViewer or LogMeIn to gain access to their

work desktops from home or while they are working from another mobile location.

These services allow the user to log in and access their desktop as if they were sitting at

their office desk. Due to the highly technical details about the nuances of remote

desktop service, it may be best to refer to the advice of your IT professional and look at

this comprehensive comparison chart at

http://en.wikipedia.org/wiki/Comparison_of_remote_desktop_software.

And firms can set up VPN (Virtual Private Network) access to office servers and

computers via programs like NordVPN, StrongVPN, Private Internet Access, TorGuard

and Surfshark. These programs create a secure “tunnel” or “pipeline” for your

computer to send data from your remote machine or device to your office’s network or

desktop computer. Due to security concerns, it is very important to use a reputable


company such as one of the ones listed here, so as not to inadvertently deliver your data

to data thieves who have set up phony VPN services for the unwary.

Mobile Devices – Tablet computers, lighter laptops, and smartphones are

essential for mobile professionals, and frankly, most consumers desire to communicate

and interact while mobile, too. Delivering online legal services without mobile devices is

almost impossible. The size and economy of traveling and working light make virtual

practice tools indispensable. This paper will not cover detailed products or services due

to the pervasive nature of mobile devices in the legal work world, but many volumes can

be written about the options and features available with mobile devices. When selecting

units for business, look for features that provide ease of use, security, and functionality

to help with your firm’s productivity, and ultimately, profitability.

Cloud-based Practice Management and Billing Software – Cloud-based

software beyond the platforms discussed are likely to serve as the backbone of your

online operations as they manage firm contacts, tasks, calendar appointments,

communication records, documents and more. Some of the leading programs include:

Web-Based (Cloud) Practice Management ActionStep* ** $60 per user/month 800-257-4042www.actionstep.com

CASEpeer $55 per month with firms of 1-3 users $70 per month with firms of 4-9 users $85 per month with firms of 10+ users 888-605-7337www.casepeer.com

AdvoLogix $720 per user annually at $60 per user/month & up Monthly prices require an annual contract. 888-898-2386www.advologix.com

Centerbase* Firm Management plan - $52 per user/month Firm Management plus Legal Accounting plan - $62 per user/month www.centerbase.com


Casefleet** $40 per user/month & up or $360 per user annually & up 800-968-3994www.casefleet.com

Clio** $49 per user/month & up or $468 per user annually at $39 per user/month & up 866-878-6798www.clio.com

Case.one Basic plan free for up to 10 active cases Pre-paid plan at $35 per month or $333 annually for 50 active cases Pay as You Go plan at $0.99 per active case/month Unlimited users for all plans 844-622-7366www.case.one

CosmoLex* ** $69 per user/month $708 per user annually at $59 per user/month 866-878-6798www.cosmolex.com

Web-Based (Cloud) Practice Management cont’d. Filevine** Contact sales by phone or email for price quote. [email protected]

Practice Panther $59 per user/month $588 per user annually at $49 per user/month 800-856-8729www.practicepanther.com

GoMatters $20 per month for 1st user license & up $200 per month for 1st user license & up 757-819-4950www.gomatters.com

Prevail Contact sales by phone or email for price quote. [email protected]

LEAP $199 for 1st user license & up $149 per addtl. user/month & up 201-208-0010www.leap.us

Smokeball $139 per user/month & up 855-668-3206www.smokeball.com

Lexicata $49 per month plus $25 per addtl. user annually & up $499 annually plus $249 per addtl. user annually & up

ZolaSuite* ** $59 per month for 1st user license or $588 at $49 per month annually & up 888-608-1509www.zolasuite.com


888-886-2750www.lexicata.com

MyCase $49 per user/month or $468 per user annually at $39 per user/month 866-463-6110www.mycase.com

Desktop Time, Billing & Accounting AbacusLaw** $47 per user/month 800-726-3339www.abacusnext.com

PCLaw $1,288 1st user license $955 per addtl. user 866-448-5871www.pclaw.com

Desktop Time, Billing & Accounting cont’d. TABS3 General Ledger add-on to TABS3 Billing** $265 per user license 402-423-1440www.tabs3.com

RTG Bills $95 per user license $15 per addtl. timekeeper 800-414-4268www.rtgsoftware.com

Web-based (Cloud) Time, Billing & Accounting Bill4Time** $29 per user/month & up or $324 per user annually at $27 per user/month & up 877-245-5484www.bill4time.com

FreshBooks $15 per month for up to 5 clients$162 annually for up to 5 clients aper month & up 866-303-6061www.freshbooks.com

Brief Accounting $49.95 per month for 1st user license $24.95 per addtl. timekeeper/month 604-629-0928www.brieflegal.com

Kurent Cloud Billing** $29 per user/month or $312 per user annually at $26 per user/month 402-419-2211www.kurent.com


866-463-6110www.mycase.com

eBillity Time Tracker $5 per user/month & up $48 per user annually at $4 per user/month & up 800-851-0992www.ebillity.com

Practice Panther $59 per user/month $588 per user annually at $49 per user/month 800-856-8729www.practicepanther.com

EnterYourHours $19.95 per month for 1st user license & up 888-479-4224www.enteryourhours.com

Rocket Matter** $65 per user/month $660 per user annually at $55 per user/month 866-710-1845www.rocketmatter.com

Web-based (Cloud) Time, Billing & Accounting cont’d. RTG Bills Online $15.95 per month for 1st user license & up 800-414-4268www.rtgsoftware.com

TrustBooks -Trust Accounting Software Do It Yourself Platform at $39 per month Team with Add Expert Support Platform at $129 per month [email protected] www.trustbooks.com

Time59 $99.95 annually for entire firm 312-957-4711www.time59.com

Xero Accounting $9 per month & up www.xero.com

TimeSolv Legal** $34.95 per month for 1 timekeeper & up or $377.52 annually at $31.46 per month for 1 timekeeper & up 800-715-1284www.timesolv.com

Services like these will help with online information organization and take care of

the critical task of billing. However, note there are only a handful of products which can


accomplish full-featured accounting online. So, these programs are arguably better

suited for the models that are only “partially delivering” services online.

Online Meeting and Collaboration Services - Online meetings are

generally set up using products for telephony, web conferencing and voice

communications. There are multiple considerations to remember when selecting

products to manage your online gatherings.

With telephony, VOIP (voice over internet protocol) is likely to be at the top of

the list in the service you would seek for a virtual practice. It not only is delivered via

the internet, but also provides for great mobility and would work in any virtual law

office set up. Outside of the VOIP option, lawyers looking to set up online meetings will

need to address the number of attendees; the content (verbal-only option enough?);

service quality; and the management features available to deal with dialog.

Web conferencing is the next major piece to consider in setting up online

meetings, and the main concerns for virtual lawyers with these services are products’

ability to simultaneously view and share desktop work space; to collaborate on all types

of documents; provide for brainstorming with a whiteboard; and working with

multimedia. Services like WebEx, GoToMeeting, Join.me, and Zoom are great options

for conducting online meetings. Office 365 has the benefit of providing Skype

integrated into the overall office suite platform, and it, too, is a great option for online

meetings.

Finally, the online meeting forum must have suitable voice communication

capabilities. This capability is delivered via either general telephone or VOIP


connectivity. There is a need to ensure proper video conferencing tools; chat

functionality for both private and public situations; recording features for later session

playback. Some of the nicer options available for setting up collaborative sessions might

also tout free VOIP connectivity. The online connection might, however, saddle the

attendee with long distance charges; but such services may be more attractive when

operating via a toll-free number and offering normal or highly-discounted prices for

long distance tolls.

The best of online meetings will be affected, either in a positive or negative way,

by these considerations: the number of attendees who can participate simultaneously;

the videoconferencing ability; service bandwidth; whiteboard ability; operating systems

concerns (Mac v. PC compatibility or shortcomings); interface concerns; installation

steps prior to a meeting; secured websites; encryption; digital certificates; password

protection and the ability to limit access to certain portions of the host’s desktop or to

certain applications. Examine which features are necessary for your meetings before

making a purchasing decision. Also, do not be afraid to try out several services before

making a selection. This is easy with free trials and no contract-based options.

There are many free-standing tools to make the virtual office a reality. Selecting

the right tools will go a long way in how happy one is with the online experience being

provided to clients and everyone else involved in working with your law office.

Virtual Assistants and Services – Utilizing off-site receptionists and

appointment schedulers is also common for virtual law practice. Companies providing

receptionist, messaging and scheduling services, and even more robust work production

service like transcription, document drafting, and lead generation management, can also


be a part of a virtual or mobile law practice. Ruby Receptionists, Smith.ai, and

LexHelper are just a few services of which we are aware for virtual reception, and can

help or supplant completely a live receptionist. As with vendors for computer services,

this paper cannot provide an exhaustive listing, however, selecting services and

evaluating their effectiveness and performance just as you would a live person, it

critically important to making sure you are represented well.

ETHICS AND THE VIRTUAL OFFICE

Once a set of tools has been established, the virtual lawyer must make sure she

clearly understands the State Bar’s requirements as it relates to ethical obligations when

not practicing in a brick-and-mortar facility. The main ethical concerns with virtual law

practice, as seen in other jurisdictions, seem to focus on client communication;

confidentiality of client data; multijurisdictional practice; outsourcing; advertising and

physical address set up. As an example and for general guidance, the specific concerns

for operating virtually are discussed in great length and clearly in the Virginia Bar Legal

Ethics Opinion 1872 on virtual law practice in that state at

http://www.vsb.org/docs/1872-final.pdf. Georgia Bar Rules and Formal Advisory

Opinions related to the topics are located primarily in Rules 1.4, 1.6, 4.2, 5.5, 7.1, 7.2,

7.3, and 7.5; and Formal Advisory Opinions 21, 27, and 32. Be sure to independently

research each Bar Rule and Formal Advisor Opinion on your own, assisted by other legal

counsel, or staff of the Office of General Counsel’s Ethic Hotline. The hotline number is

800-334-6865 Ext. 8741 or 404-527-8741.

While the Virginia Legal Ethics Opinion used here as an example and the Georgia

Bar Rules and Formal Advisory Opinions referenced in this paper cover the main


concerns with virtual law practice, they arguably do not cover all professional and

practice concerns of which a virtual lawyer would want to constantly take notice. For

instance, practitioners should always remember the overarching principles of being a

competent and ethical professional, whether practicing virtually or not.

One key reason lawyers find themselves in trouble with clients is their failing to

keep the client appropriately apprised of what is going on in his or her case. The ironic

advantage of some models used in virtual practice is that the client controls the access to

the information as it is delivered by the lawyer online. Again, from an ethical

standpoint, the lawyer must not remain passive in making sure the client accesses and

understands what is being delivered.

Speaking of the accessibility of virtual practice data a firm would want to pay

close attention to the type and level of security being used to deliver legal services online

or while working in mobile situations. Use cloud practice and data security checklists to

ensure your online operations and activities are secure while you are practicing online.

Conclusion

Carefully structured and monitored online practices are achievable with the right

mix of technology and mindset. Working from wherever you are is possible, and the

more control and attention given to making selections and decisions about how you

deliver legal services can make working virtually both feasible and effective.

VIRTUAL OFFICE RESOURCES


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Virtual Law Practice: How to Deliver Legal Services Online


GBJ | Feature

2016 OCTOBER 25

Teleworking, also called telecommutingor flex-place, “can mean working from home full time, or working from home only one or two days a week, with the remainder of the week spent in the of-fice.”1 Telework is one of the most pop-ular types of alternative work arrange-ments (AWA) among lawyers,2 but it is not for everyone. Some simply prefer an office setting; others, for one reason or another, cannot successfully manage a telework arrangement.

“To help assure that the firm maxi-mizes each lawyer’s potential, lawyers need the option to decide where they can be most productive.”3 Employees who feel they would be most productive in a tele-work environment should pay heed to the following commandments.

1. Exercise self-discipline.The single most important factor to aproductive telework arrangement is theexercise of self-discipline. To decidewhether telework is for you, do somecritical self-evaluation:

Telework is one of the most popular types of alternative work arrangements among lawyers. Employees who feel they would be most productive in a telework environment should pay heed to the following commandments.BY LEANNA BANKESTER PITTARD

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Do I have good time management skills and the ability to set clear priorities?

Am I willing to sometimes work when a manager or coworkers are not in the office to complete a project, or to work longer days? Do I have the competence and confidence to make sound business decisions without the input of others?

Am I able to function with limited or no supervision? Am I trustworthy? Can I self-direct?4

If you answer yes to these questions, you may find that telework is a good fit for you and a significant step toward much desired work/life balance. Self-dis-cipline includes: (a) creating a distraction-free environment, which is important to employers and clients, and (b) monitoring your work hours, which is important for you and your loved ones.

Creating a Distraction-Free EnvironmentSet yourself up to succeed by creating a distraction-free environment. It need not be large, but you should allocate a dedi-cated space in your home that will allow for quiet and focused work. Remember that telework is not a substitute for child or other dependent care.5 You cannot take care of another person for any length of time while teleworking any more feasibly than you could if the person were sitting in your office building. Secure adequate and reliable dependent care before transi-tioning to telework, and inform your em-ployer of the arrangement. In addition to your regularly scheduled caregiver(s), cre-ate a backup network and “obtain as much assistance as you can from family, friends, and household employees or services.”6

Distractions such as social media and general web browsing are temptations for anyone with a phone or computer, whether off-site or in the office. But if you are liking, posting, pinning, tweeting, Instagramming and setting your fantasy football lineup while teleworking, you are doing yourself a disservice, and you risk leaving behind a time-stamped trail of activity that your em-ployer might discover. Clearly you cannot

separate yourself from your phone for any length of time as a teleworker, but therein lies the danger. Eliminate these production killers, even if it means removing certain applications from your cell phone.

Monitoring Your Work HoursTelework often means more flexible work hours, which can be a blessing and a curse. The positive aspect is that it al-lows for the work/life balance so often lacking in law practice. The negative as-pect is that, left unchecked, your work hours can consume your nonwork hours, leaving you with no start and no end to your day. This is particularly true when a teleworker has a reduced or compressed hours arrangement. Many teleworkers with such an arrangement complain of “part-time status but full-time work.”7

Even if your employer does not require it and your time is not billable, keep up with your work hours. When establishing the number of days or hours you will work each week or month, remember to account for a “reasonable number of nonbillable hours that can be allocated to administra-tion, continuing legal education, and similar matters.”8 Determine with your employer how prolonged periods of “schedule creep” will be compensated. For instance, will the extra hours be banked for additional com-pensation or time off?9 Keep in mind that additional compensation should be only a temporary solution;10 the real goal is a re-duced and/or more flexible schedule.

2. Be highly accessible.One concern employers might raise iswhether they will be able to reach off-siteworkers when they need them. As tele-work advocate Nicole Belson Goluboffassures employers, “If you have hired theright lawyers, properly equipped them and trained them to use their technology, they can—and will—always ‘be there’ for you.”11

Because your primary sources of com-munication are likely telephone and email, it is critical that you answer calls and return messages almost immediately during working hours. Since telework of-ten provides for more flexibility in hours, it may be encouraging to everyone in-volved if you establish “core” hours or

days when everyone knows you will be at your desk and available for meetings.12 If someone tries to reach you and finds you unavailable, your absence is more under-standable if it is outside those core hours.

If you propose a telework arrangement and your employer voices concerns over availability, suggest that he or she keep track for a week of what percentage of time he or she gets a live response from an in-office worker.13 It will likely be less than a third of the time.14 “There’s a myth of con-stant accessibility” of on-site workers that is not necessarily true.15 Challenge your-self to be even more available remotely to those in-office as the person physically sit-ting in the office next to them.

At times, telework may actually be critical for continuing operations, such as emergency situations, inclement weather, unexpected office closings or even a pan-demic.16 In fact, all federal agencies have been required by law to have teleworking policies in place since 2000.17

3. Put your telework agreementin writing.A telework contract can clarify expecta-tions, identify performance indicators and eliminate misunderstandings down theroad.18 The agreement does not have to belengthy or overly formal. The agreementmight include the anticipated duration of the arrangement (even indefinite), hoursand office schedule.19 Some organizations require the reason for the request.20

The agreement should “specify the cri-teria that will apply to promotions of law-yers on alternative schedules.”21 AWAs are great in that they “allow lawyers to further their careers at a different pace,”22 but you should know from the outset if and how the arrangement might affect partnership, retirement or other goals. This is particularly true if the telework ar-rangement includes reduced hours. Some firms are open to a new status for lawyers short of full equity partnership, including “non-equity partner,” “senior attorney,” “staff attorney” or “of counsel.”23

Take advantage of performance re-views or evaluations to discuss your tele-work arrangement. If your firm or office does not have reviews or evaluations at


2016 OCTOBER 27

regular intervals, it is all the more impor-tant for you to speak up if, for example, you are not receiving appropriate as-signments or your working hours have consumed your non-working hours.24

There may be no way for your employer to know about such issues unless you tell them. On the flip side, remember that or-ganizations have the right to terminate an alternative work schedule as well.25

4. Be flexible.The ultimate goal for everyone involvedis to produce excellent work for your firmor company and its clients. Sometimesthis may require coming into the office or, like any other attorney, returning phonecalls and emails and working during yourtypical nonworking hours.26 Just as yourequest flexibility of your employer andcoworkers, you must be flexible yourself.If these instances become too frequent and the arrangement becomes unsatisfactory,speak to your supervising attorney or of-fice manager. “Expect to do some adjusting at the outset and as often as necessary.”27

Deborah L. Rhode, in a report pre-pared for the American Bar Association, gave these tips:

Demonstrate flexibility and commit-ment.

Do not make unreasonable demands, but do not settle for unreasonable responses.

If your initial request or arrange-ment is unsuccessful, try to develop a constructive alternative.28

5. Be effective and reliable.Some employers are hesitant to allowAWAs due to their concern over howmuch work will actually be done when the employee is not in the office.29 Source af-ter source reports, however, “remote em-ployees [are] among our most excellentperformers.”30 Research shows that em-ployees with flexible schedules are actually more focused, more productive and better able to concentrate.31 To allay any fears,the teleworker must manage his time effi-

The Law-Related Education (LRE) Program of the State Bar of Georgia offers K-12 teachers a wide vari-ety of strategies for including LRE in their social science education curriculum, as well as suggestions for relating LRE to English, science, math and CTAE curricula.

Law-related education provides instruction concerning legal rights and responsibilities, and it encour-ages informed participation in our democratic government. National and state studies show, and the Georgia General Assembly agrees, that law-related education deters delinquency and reduces disciplin-ary problems because it fosters the development of decision-making, problem solving and conflict management skills.

The program’s newest outreach effort, the Virtual Museum of Law (www.thelawmuseum.org), is an online extension of the physical Museum of Law, located on the third floor of the Bar’s headquarters in Atlanta. Visitors to the Virtual Museum will find informational animated videos about famous

Georgia and U.S. cases. Students can take online quizzes to assess their understanding of individual cases. With the generous support of LiveBinders (www.livebinders.com), the Virtual Museum also of-fers teacher-access-only LiveBind-ers for each case featured in the physical museum and general LiveBinders on civil rights, cruel and unusual punishment, and the need for an independent judiciary.

The program’s additional out-reach efforts fall into the follow-ing key categories: the Journey Through Justice field trip for students in grades 4-12; teacher workshops; online course- and subject-specific LiveBinders on a variety of legal topics; and sponsorship of the American Bar Association Civics & Honor Roll and SkillsUSA Georgia’s Criminal Justice Quiz Bowl.

For more information about each of these, visit the LRE web-site at www.gabar.org > For the Public > For Teachers/Students > Law-Related Education Program or email [email protected].

Know Your Bar

MEET PROFESSOR MCGEE AND STRIKER, the newest members of the Law-Related Education Program of the State Bar of Georgia. They are part of the Virtual Museum of Law, a new online educational resource.

Law-relatedEduca ionProgram



ciently and be sure his schedule reflects his priorities.32 Productivity must be measured by results rather than by hours worked. A good manager will judge an employee’s success “through performance manage-ment, not through ‘face time.’”33

“Develop a track record of effective per-formance before requesting an . . . alterna-tive schedule.”34 Some employers may re-quire a minimum period of full-time work or satisfactory performance before allowing such an arrangement.35 Do not let this deter you; rather, view it as an opportunity to be-come invaluable to your firm or office.

It is all the more important for a tele-worker to fulfill obligations to colleagues and clients. During non-working hours, maintain sufficient contact with the of-fice by periodically checking voicemails and emails for urgent matters.36 Provide staff with explicit instructions on what information to provide clients and how to handle urgent matters in your absence.37

6. Actualize the benefitsto your employer.Just because a traditional in-office settingis “the way it’s always been done,” that does

not mean other, better ways do not exist.38 Prove it to your colleagues and superiors that “working outside of the office is no different than sitting in front of the com-pany issued laptop, at the company issued desk, in [a] company issued chair.”39

A significant incentive for employers in allowing telework is the financial sav-ings. Telework is widely accepted as “a more profitable way to run a law firm than traditional practice strategies.”40 “Most of the savings come from con-solidating space.”41 In 2005, Sun Micro-systems reported savings of $69 million in real estate costs due to its telework program.42 AT&T saved $25 million be-tween 1992 and 2001 thanks to its tele-work program.43

In addition, teleworkers and firms report “increased productivity and marketability” and increased work time, in that telework-ers are “available twenty-four hours a day, seven days a week anywhere they are.”44 Another benefit to employers is increased employee loyalty and retention. Effec-tive programs “can save legal offices mil-lions through increased retention rates.”45 “By conservative estimates, it costs a firm $200,000 to replace a second-year associ-ate,” if one includes lost productivity, train-ing, recruiting costs and signing bonuses.46

The benefits to teleworking employees are many as well, and such benefits make their firm or company an attractive em-ployer, with the ability to bring in and re-tain exceptional workers.47 Telework sup-ports work/life balance, allowing attorneys to practice law while juggling other duties, earning decent wages and maintaining bet-ter relationships with family members.48 Teleworkers report greater perceived hap-piness.49 Telework reduces transportation time and costs.50 Eliminating unproduc-tive commute time frees up an extra hour each day, allowing the employee to start working earlier and get more done.51 The flexibility of working remotely also means

employees can conduct global meetings at odd hours without leaving their homes.52 Finally, when employees are “more rested and less distracted by pressures outside the office, they perform better in the office,” which is good for everyone.53

If employers “understand that their ability to reduce attrition costs, meet cli-ent demand for stability and diversity, and compete with other firms for legal talent—all issues that ultimately impact their wal-lets—depends on the success of [a] balanced hours program, they will make it work.”54

7. Embrace technology.Simply put, technology makes teleworkpossible. “Advances in portable, afford-

able technology are the main drivers of an increasingly mobile and dispersed workforce.”55 “With the advent of cloud-based storage, encryption technologies, high-speed data connections and ubiq-uitous mobile devices, legal professionals now can function almost anywhere. All that’s required is a basic technological lit-eracy, a modest investment in computer gear and an internet connection.”56

In addition to cellular phones, fax, email and remote servers, take advantage of videoconferencing, intranet bulletin boards and instant messaging.57 Work with your office to determine “the most effective media, i.e., phone, voice mail, shared drives, etc., to ensure ongoing in-formation sharing.”58 Embrace technol-ogy and seize opportunities to learn more.

8. Protect your work.Because technological advancementsprovide for an increasingly mobile work-station, you must be able to assure youremployer and clients that your work willenjoy the same security and confidentiality it would have in an office setting. ModelRule of Professional Conduct 1.6(a) pro-hibits a lawyer from revealing “informa-tion relating to the representation of aclient.”59 “[I]t is now commonly acceptedthat this duty applies to digital informa-tion as well.”60 Anyone who has ever leftthe office with a work-issued laptop is atsome risk for data breach. Teleworkersmust be all the more vigilant. Take greatcare not to transmit sensitive “informa-tion across an insecure connection orleav[e] confidential documents in a public space.”61 Reasonable measures must be inplace to protect the confidentiality, secu-rity and integrity of electronic documents, including firewalls and intrusion detec-tion software.62 Ensure that electronicallystored files are routinely backed up, justin case your computer crashes or is mis-placed, damaged or destroyed.63

9. Avoid becoming disconnected.Remote workers face the challenge of be-coming disconnected.64 The key is com-munication—lots of it and in many dif-ferent forms. Communication skills are

Once you are on the path to a successful telework arrangement, help others find the same work/life balance.


2016 OCTOBER 29

critical to the teleworker, especially when there is a mix of teleworkers and office workers in one department.65

Although no one wants to be seen as tooting his or her own horn, it is often simply a matter of communication to let supervisors know when a significant proj-ect has been completed and, even better, by deadline. Otherwise they may not know. “[P]lan a relationship management strat-egy and act systematically to make yourself and your contributions visible.”66 Remem-ber that no one—whether a teleworker or an office worker—completes a significant project completely on his or her own, so be sure to credit those who helped you.

Make face time a priority. Schedule of-fice visits and meet with as many people as possible while you are there. The ad-vantage to these meetings as opposed to impromptu meetings that regularly occur in-office is “participants come better pre-pared and the meetings are more consis-tently productive.”67 “Volunteer[] for high-impact but manageable committees or task forces.”68 Attend key functions,69 like firm picnics, Christmas parties and retreats. Send birthday and holiday greetings to those in your department or on your team.

Avoid isolation. Get involved in your local community, volunteer orga-nizations or the bar association. Maketime for professional meetings andbusiness development.70

Finally, make time for exercise. Elimi-nating your commute also likely means eliminating a great deal of walking and stair climbing you would otherwise do each day. Assuming you have no face-to-face meetings or video conferences, wake up and put on your exercise clothes and shoes and, if nothing else, walk around your neighborhood for 30 minutes. As one of innumerable benefits of exercise, it will refresh your mind and body and help avoid stagnation.

10. Pay it forward.Once you are on the path to a success-ful telework arrangement, help othersfind the same work/life balance. Thereis room for everyone. If your firm or of-fice does not have a written policy re-garding telework or other AWAs, helpdevelop one.71 Support and encouragefellow teleworkers. If you have a voicein allowing another person to teleworkand think the arrangement would besuccessful, allow it. As stated by HoneyLynn Goldberg, divisional vice president and associate general counsel at AbbottLaboratories, “If we can do somethingthat attorneys want that doesn’t cost thedepartment anything, then it is a goodthing to do.”72

The desire for work/life balance is not unique to women or parents, and AWAs

are “less likely to be stigmatized if they are not used exclusively by mothers,”73

fathers or women in general. Remember that “lawyers with [AWA]s generally are attempting to balance the demands of professional practice with other socially valuable commitments.”74 Those commit-ments may take more than one shape.

ConclusionTelework offers significant benefits to employers, employees and clients. Em-ployers and employees who are forward-thinking enough to embark on this journey have a responsibility to make it work, not only for the benefit of their firm and clients, but for others who might benefit from a similar arrange-ment. “As law firms and departments continue to look more like America, lawyers will increasingly demand flex-ibility to enjoy professional success and a rewarding personal life. Companies and firms who lead the way with effective AWAs will win the war for talent and a healthy bottom line.”75

Leanna Bankester Pittard is a 2003 graduate of University of Alabama School of Law. She is of counsel with the Athens law

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firm Blasingame, Burch, Garrard & Ashley, P.C., where she has practiced since 2009 and teleworked since 2011. Prior to joining BBGA, Pittard practiced in Mobile and Birmingham with the law firm Hand Arendall, LLC.

Endnotes1. JOAN C. WILLIAMS ET AL., PROJECT

FOR ATTORNEY RETENTION, BETTER ON BALANCE? THE CORPORATE COUNSEL WORK/LIFE REPORT (2003), reprinted in 10 WM. & MARY J. WOMEN & L. 367, 419 (2004), http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1150&context=wmjowl.

2. CATALYST, BEYOND A REASONABLE DOUBT: LAWYERS STATE THEIR CASE

ON JOB FLEXIBILITY 12 (2006), http://www.catalyst.org/system/files/BeyondAReasonableDoubt LawyersStateTheirCase.pdf.

3. Nicole Belson Goluboff, Debunking Myths about Telecommuting for Lawyers, FLEMING LTD (July/Aug. 1998), http://www.davidflemingltd.com/commentary/9807comnicole.htm.

4. Compilation of Fannie Mae’s official flexible work option agreements, policies and procedures, in ASSOCIATION OF CORPORATE COUNSEL 2006 ANNUAL MEETING MATERIALS, TELECOMMUTING FOR LAWYERS & OTHER ALTERNATIVE WORK ARRANGEMENTS 7, 14 (program materials compiled by James R. Edwards et al.), www.acc.com/vl/public/ProgramMaterial/loader.cfm?csModule=security/getfile&pageid=20165[hereinafter TELECOMMUTING FOR LAWYERS].

5. Id. at 24. 6. DEBORAH L. RHODE, ABA COMM’N ON WOMEN IN

THE PROFESSION, BALANCED LIVES: CHANGING THE CULTURE OF LEGAL PRACTICE 25 (2001), http://womenlaw.stanford.edu/pdf/balanced.lives.pdf.

7. Id. at 24.8. Id.9. Id.10. Id. at 35.11. Goluboff, supra note 3.12. Alea Jasmin Mitchell, Balancing Act:

Work-to-Life Balance in Departments and Firms, DIVERSITY & THE BAR (Sept./Oct. 2003), http://www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=995.

13. Jennifer Taylor Arnold, Making the Leap, HR MAG. (May 1, 2006), http://www.shrm.org/hr-today/news/hr-magazine/Pages/0506srarnold.aspx (quoting telework consultant Gil Gordon).

14. Id. (quoting telework consultant Gil Gordon).

15. Id. (quoting telework consultant Gil Gordon).

16. Id. (quoting Dan Green, Deputy Associate Director at the U.S. Office of Personnel Management).

17. Id.18. Id. 19. RHODE, supra note 6, at 37.20. Id. 21. Id.22. Alea Jasmin Mitchell, Alternative

Work Arrangements: Overcoming Challenges, DIVERSITY & THE BAR (Nov./Dec. 2003), http://www.mcca.com/index.cfm?fuseaction=page.viewpage&pageid=854.

23. RHODE, supra note 6, at 37.24. Id. at 36.25. Id.26. Id. at 35.27. TELECOMMUTING FOR LAWYERS, supra note 4, at 14.28. RHODE, supra note 6, at 25.29. WILLIAMS ET AL., supra note,x 1 at 420.30. Arnold, supra note 13 (quoting a senior director

of Sun Microsystems Inc.’s telework program).31. WILLIAMS ET AL., supra note 1, at 41.32. RHODE, supra note 6, at 25.33. TELECOMMUTING FOR LAWYERS, supra note 4, at 26. 34. RHODE, supra note 6, at 25.35. Id.36. Id. at 40.37. Id.38. David Mowry, House Rules: Is Yahoo

Serious?, ABOVE THE LAW (Feb. 27, 2013, 4:33 PM), http://abovethelaw.com/2013/02/house-rules-is-yahoo-serious.

39. Id.40. Goluboff, supra note 3.41. Arnold, supra note 13.42. Id. 43. Id. 44. Goluboff, supra note 3.45. Mitchell, supra note 12. 46. Id.47. Arnold, supra note 13.48. Telecommuting: What’s Driving the

Work-at-Home Conversation? SPECIAL

COUNS. BLOG (June 30, 2013), http://blog.specialcounsel.com/untagged/telecommuting-whats-driving-the-work-at-home-conversation.

49. Id.50. Arnold, supra note 13.51. Mitchell, supra note 12. 52. Id.53. Id.54. Mitchell, supra note 22 (quoting JOAN WILLIAMS

& CYNTHIA THOMAS CALVERT, PROJECT FOR ATTORNEY RETENTION, BALANCED HOURS: EFFECTIVE PART-TIME POLICIES FOR WASHINGTON

LAW FIRMS (2002), reprinted in 8 WM. & MARY J. WOMEN & L. 357, 396-97 (2002), http://scholarship.law.wm.edu/cgi/viewcontent.cgi? article=1186&context=wmjowl)).

55. Arnold, supra note 13.56. Telecommuting, supra note 48. 57. Arnold, supra note 13.58. TELECOMMUTING FOR LAWYERS, supra note 4, at 14. 59. MODEL RULES OF PROF’L CONDUCT R. 1.6(a)

(AM. BAR ASS’N 2016).60. Pamela Bucy Pierson & Emily Kornegay

PriceToday’s Legal Market, ALA. LAW. 20, 25 (Jan. 2016) (citing David G. Ries,

Ethical and Legal Obligations, LAW PRAC. 49 (July/Aug. 2010)).

61. Casey C. Sullivan, Three Risks That Come with Telecommuting, FINDLAW IN HOUSE

BLOG (Mar. 24, 2015, 6:01 AM), http://blogs.findlaw.com/in_house/2015/03/three-risks-that-come-with-telecommuting.html.

62. Pierson & Price, supra note 60, at 27. 63. Id.64. Telecommuting, supra note 48. 65. Arnold, supra note 13.66. TELECOMMUTING FOR LAWYERS, supra note 4, at 20.67. Goluboff, supra note 3.68. TELECOMMUTING FOR LAWYERS, supra note 4, at 20.69. Arnold, supra note 13.70. RHODE, supra note 6, at 25.71. For excellent examples of telework and other

AWA policies, see NICOLE BELSON GOLUBOFF, TELECOMMUTING FOR LAWYERS 87-138 (1998); RHODE, supra note 6, at 43-47; TELECOMMUTING FOR LAWYERS, supra note 4, at 7-32.

72. Mitchell, supra note 12. 73. RHODE, supra note 6, at 24.74. Id. at 36.75. Mitchell, supra note 22.

Appendix

APPENDIXPage 1 of 2

ICLE BOARD

Position Term Expires

Ms. Carol V. Clark

Ms. Laverne Lewis Gaskins

Ms. Allegra J. Lawrence

Mrs. Jennifer Campbell Mock

Mr. Brian DeVoe Rogers

Mr. Kenneth L. Shigley

Mr. A. James Elliott

Mr. Buddy M. Mears

Mr. Cassady Vaughn Brewer

Ms. Carol Ellis Morgan

Hon. John J. Ellington

Mr. Jeffrey Reese Davis

APPENDIXPage 2 of 2

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