The mentor and new lawyer may choose the method of communication that best suits their needs. However, if a mentor and new lawyer do not otherwise have regular inperson contact, they should schedule at least some periodic in-person discussions throughout the mentoring period. Each person should be cognizant of demands on the other's schedule and attempt to find a mutually acceptable time for these meetings. If there is a recurrent failure by either party to make time available for this purpose, or if other difficulties arise which cannot be resolved by the parties and which threaten the timely and effective completion of the mentoring program, the parties to the relationship (or either of them) should advise the South Carolina Bar of the situation and request the assistance of the South Carolina Bar in resolving the matter.
Using the Uniform Mentoring Plan as a guide, the mentor and new lawyer must jointly draft an individualized mentoring plan for the coming twelve months. The individual mentoring plan shall be submitted to the South Carolina Bar for approval within thirty days of the start of the mentoring term. The mentor and new lawyer are required to meet the nine objectives in the Uniform Mentoring Plan through a series of action steps over the course of a year-long mentoring relationship.
If a new lawyer does not select a qualified mentor, then one of the following options will apply:
Mentors should display, through their own conduct, an understanding of and commitment to ethical responsibilities and the prevailing expectations with regard to a lawyer's appropriate professional behavior. A mentor must have a good reputation for professional behavior. Further, a mentor must not, in any jurisdiction, have been publicly reprimanded within the past 10 years, or have been suspended or disbarred from the practice of law for misconduct at any time; and must not be a respondent in a pending disciplinary proceeding in which a formal charge or its equivalent has been filed under the Rules for Lawyer Disciplinary Enforcement contained in Rule 413, SCACR, or the rules of another jurisdiction.
Mentors should be able to assist the new lawyer in developing a style of lawyering that is compatible both with professional expectations and with the personality of the new lawyer.
Upon determining that a mentor applicant meets the threshold qualifications, the South Carolina Bar may conduct such further investigation of a prospective mentor's qualifications and reputation for professional behavior as it may deem appropriate. The South Carolina Bar has authority to appoint qualified lawyers as mentors or, in its discretion, to decline to appoint an applicant to serve as a mentor under this program.
An appointment shall qualify a lawyer to serve as a mentor in this program for five years, unless earlier removed as a mentor. A lawyer may be appointed to multiple consecutive terms as a qualified mentor. If at any time a lawyer appointed as a mentor is publicly reprimanded, suspended, disbarred in any jurisdiction, or becomes a respondent in a formal disciplinary proceeding, the lawyer shall be removed immediately as an approved mentor. If the lawyer is serving as a mentor at the time that his or her name is removed from the list of approved mentors, the South Carolina Bar shall immediately appoint a new mentor for the lawyer being mentored.
A lawyer appointed as a mentor is not required to attend a training session, but will be provided access to materials gathered or prepared by the South Carolina Bar that will assist the mentor in carrying out his or her responsibilities. The South Carolina Bar will provide at least annually a voluntary mentor orientation program that will qualify for ethics MCLE credit. Mentors are encouraged to contact other mentors to discuss issues, the most effective approaches to be used in working with new lawyers, the most effective means of resolving problems that are encountered in the relationship, or other concerns that arise during the mentoring relationship.
S.C. App. Ct. R. 425