Good news for lawyers looking for ways to fulfill the Law Society’s mandatory Continuing Professional Development: starting January 1, 2010 mentoring is included as an activity to earn your credits (see Rules 3-18.1 and 3-18.31).

The Law Society hopes that this will encourage more mentoring of younger lawyers. These relationships have dwindled over recent years, in part because of increased work pressures.

What is mentoring?

Mentoring, for purposes of CPD credit, is a relationship in which a lawyer with experience or expertise in a practice area or practice skill (the “mentor”) provides guidance or advice in support of the professional or practice goals of another lawyer, or an articling student in another firm, who requests assistance (the “mentee”).

Can a mentor claim CPD credit for mentoring an articling student?

CPD credit can only be claimed if the articling student being mentored is working in another firm or workplace separate from where the mentor is working. CPD credit cannot be claimed for mentoring a law school student or a law firm summer student.

How many CPD credit hours can be claimed by a mentee?

A mentee can claim 6 hours. The 6 hours cannot be accumulated by mentoring with more than one mentor. If the mentee spends more time, the number of CPD hours is still 6. If the mentee spends less than 6 hours, no time can be claimed.

How many CPD hours can a mentor claim?

A mentor can claim 6 hours for mentoring one mentee, plus another 6 hours (for a total of 12 hours) if mentoring two mentees separately. If two or more mentees are mentored in a group, the mentor may claim only 6 hours. If the mentor spends less than 6 hours mentoring a mentee, no time can be claimed for that mentoring relationship.

Is there CPD credit for preparing for a mentoring session?

No. Credit is only available for time actually spent together.

Does training to be a better mentor or mentee count toward CPD credit?

No.

Do I need to be part of a formal mentoring program to qualify?

No, but the Law Society must have approved the Mentoring Plan, which can be submitted in the Member Log In section.

Who can be a mentor?

A lawyer who has engaged in the practice of law either full or part-time for 7 of the 10 years immediately preceding the current calendar year, and who is not the subject of an order of the Credentials Committee under Rule 3-18.31(4)(c).

Does a mentor have to be senior in years of call to the mentee?

No. Peer mentoring is permissible if the mentor meets the eligibility criteria and has sufficient experience or expertise in the subjects under discussion to enable the mentee to learn from the mentor. This decision will be within the discretion of the mentor and the mentee.

Can the Law Society refuse to accredit a lawyer as a mentor?

The Credentials Committee, on a referral by the Executive Director or on the recommendation of the Discipline Committee, Practice Standards Committee or its own motion, can deny a mentorship proposal where sufficient concern exists about the suitability of the proposed mentor.

Does mentoring have to be face to face or by telephone?

Mentoring can be either face to face or by telephone, including real time videoconferencing. Mentoring by email or similar electronic means will not qualify for CPD credit.

Is there a minimum length of time for each mentoring session?

Yes. Each mentoring session must be for a minimum of 30 minutes. Shorter sessions cannot be added up to claim the minimum 30 minutes or toward the total of 6 hours.

To qualify for CPD credit, what must the mentor and mentee do?

The mentor completes the online Mentorship Plan Application in the Member Log In section, and awaits Law Society approval of the Plan. Once the Plan has been approved and when the requirements of the Mentorship Plan have been completed, the mentor returns to the CPD section of the website, selects the Mentorship Plan and marks it as complete. The mentee’s record will automatically be updated once the mentor has certified that the plan has been completed. The 6 hours must have been completed before the mentor marks the Mentorship Plan as complete.

What is a Mentoring Plan?

The Mentoring Plan must include:

(a) The mentee’s specific development and learning goals.

(b) A brief description of the mentor’s expertise or experience in the subject areas in which the mentee wishes guidance.

(c) Whether the meetings are to be face to face or by telephone or a combination of the two.

(d) An agreement that each mentoring session will be for a minimum of 30 minutes and that the parties plan to meet for a minimum of 6 hours over the course of the year.

(e) An agreement to document the time spent and to finalize the Mentoring Plan when the 6 hours are complete.

What types of mentoring goals qualify for CPD credit?

The mentoring goals must comply with the same categories of subject matter as required for any other CPD credit. This includes intellectual or practical content that has the primary objective of increasing the mentee’s professional competence. Substantive, procedural, ethical or practice management matters, including skills training, that relate to the practice of law are acceptable.

What types of mentoring goals do not qualify for CPD credit?

Mentoring goals that do not qualify for CPD credit include subjects such as client or business development, marketing or profit maximization, wellness or work life balance issues, or seeking advice on specific client files. Mentoring must not simply answer questions about the handling of specific files. Mentoring should encompass broader practice issues and skills. 

What if the mentoring goals change over the course of the mentoring?

If the mentoring goals change, the Mentoring Plan must be revised to reflect the new goals.