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In re Lawyer Mentoring Second Pilot Program

Supreme Court of South Carolina

December 2, 2008

RE: Lawyer Mentoring Second Pilot Program

          ORDER

          Jean H. Toal C.J.

         The Chief Justice's Commission on the Profession requests that this Court adopt the attached second pilot mentoring program for lawyers. The request is granted.

         IT IS SO ORDERED.

          John H. Waller, Jr. J., Costa M. Pleicones J., Donald W. Beatty J., John W. Kittredge J.

         LAWYER MENTORING SECOND PILOT PROGRAM

         1. DURATION OF PROGRAM.

         The second pilot program will run from March 2009 until December 31, 2011 and include all qualifying lawyers admitted to the Bar between March 1, 2009, and January 1, 2011. The Program shall be administered by the South Carolina Bar.

         2. MANDATORY PARTICIPATION.

         The second pilot program is mandatory for all qualifying lawyers. Unless participation is delayed under Section 3 below, all lawyers must complete the mentoring program within the first full calendar year after admission to the South Carolina Bar.

         3. QUALIFYING LAWYER DEFINED.

         A qualifying lawyer is any lawyer admitted to the South Carolina Bar during the prescribed period if that lawyer (1) is a resident of the State of South Carolina or practices law in an office located in South Carolina on more than a temporary basis; and (2) has not previously practiced law actively in another jurisdiction for more than two years.

         Special Circumstances:

a)A qualifying lawyer who is employed as a non-permanent, full-time clerk to a state or federal judge during the first year of admission to the South Carolina Bar may elect to participate in the mentoring program after the completion of his or her clerkship.
b)A qualifying lawyer who is not engaged in the representation of clients nor any other form of the active practice of law may request a waiver of this requirement by certifying that he or she is not engaged in the active practice of law in South Carolina and does not intend to do so for a period of at least two years. If that lawyer later begins to actively practice law in South Carolina, he or she must then notify the South Carolina Bar and participate in the mentoring program for one year after beginning to actively practice law. [This last sentence will not apply to lawyers who begin to actively practice law in South Carolina after January 1, 2011, unless the mentoring program is made permanent.]
c)A qualifying lawyer who begins the mentoring program, but, prior to the completion of the program, moves his or her residency out of the state and no longer practices regularly in the state, is not required to complete the mentoring program. The new lawyer must provide notice to the South Carolina Bar of his or her move from the state as the basis for not completing the program. The new lawyer's license to practice law shall not be affected by the failure to complete the program in this circumstance. If that lawyer subsequently returns to South Carolina prior to having been engaged in the active practice of law as a member of another bar for at least two years, however, the new lawyer may be required to complete the mentoring program within the first full calendar year after returning to the state. [This last sentence will not apply to lawyers who return to the state after January 1, 2011, unless the mentoring program is made permanent.]

         4. ...


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