Contact Us Contact Us

1.800.553.9910

Mentoring Action Plan

Michael Geibelson

Mentoring Action Plan and Checklist

GENERAL EXPERIENCE GOALS

Client Contact

  • Participate in meeting with client
  • Maintain substantive discussions with client by telephone or in person
  • Invite client to a client event
  • Maintain contact with former clients (e.g., through holiday cards)


Marketing and Professional Development

  • Create and implement a Continuing Legal Education Plan with your Mentor
  • Attend a marketing event with your Mentor
  • Attend a marketing event in your practice group
  • Research and write an article
  • Perform pro bono work
  • Participate in professional organizations (e.g., local bar association)
  • Participate in civic or charitable organizations, serve on board of directors, or participate in internal committees


Miscellaneous

  • Research Memoranda
  • Triage Case Calls
  • Make a blowup
  • Fax a letter
  • Fix a paper jam in the copier

 

LITIGATION PRACTICE GOALS

Pleadings and Papers

  • Draft a Complaint/Cross-Complaint
  • Draft an Answer
  • Draft a Motion in Limine
  • Draft a Motion to Dismiss/Motion for Summary Judgment
  • Draft a Motion to Strike
  • Draft an Ex Parte Application and Order
  • Prepare Subpoenas
  • Draft a Protective Order/Preliminary or Temporary Injunction Motion
  • Draft Jury Instructions
  • Draft a Settlement Agreement


Discovery-Related

  • Participate in evaluating a potential case
  • Participate in strategizing/developing themes of a case
  • Draft Discovery Documents
  • Draft/Respond to Requests for Document Production, Interrogatories, Requests for Admission
  • Attend a "meet and confer" or similar discovery-related conference with opposing counsel
  • Participate in document discovery
    • Draft a "document sweep" memorandum to client and the file, identifying categories of documents to be gathered for review and possible production
    • Draft a document retention letter to client
    • Review client's documents for production, learning what is relevant and privileged
    • Work with privilege logs
      • Identify privileged documents
      • Prepare a privilege log
    • Review opposition's produced documents
    • Learn how to use Concordance©, FolioViews©, or similar document-imaging/case-management software
    • Coordinate a large document production (more than 10 boxes)
  • Depositions and Witnesses
    • Draft Notices of Deposition
    • Commission for out of state deposition and components
    • Interview and evaluate a potential non-expert witness
    • Search for/interview and evaluate a potential expert witness
    • Prepare a deposition or trial witness kit
    • Prepare a witness for deposition
    • Attend two depositions (one non-expert witness and one expert, and one where RKM&C is taking the deposition and one where RKM&C is defending)
    • Second-chair a deposition
    • Use real-time reporting software in a deposition, e.g. LiveNote©
    • Take and/or defend a non-expert deposition
    • Take and/or defend an expert deposition
    • Draft a Deposition Summary
  • Motion practice – oral
    • Attend a discovery or summary judgment motion argument
    • Argue a discovery motion or summary judgment motion
  • Prepare for trial
    • Help select trial exhibits
    • Help review opposition's trial exhibits
    • Prepare witness kit for trial
    • Help prepare trial witness
    • Summarize trial transcript


ADR/ Settlement Negotiations

  • Attend an arbitration
  • Participate in an arbitration
  • Attend a mediation
  • Participate in a mediation
  • Participate in settlement negotiations

           

CORPORATE PRACTICE GOALS

General Corporate

  • Choice of Entity: Develop an understanding of factors affecting choice of entity and participate in initial client meeting and provide assistance in analyzing and choosing the appropriate form of business entity.
  • Jurisdiction of Entity: Determine whether the company would benefit from being organized under the laws of Delaware or the corporate laws of another state.
  • Entity Formation: Draft and/or review formation documents and file appropriate documents with the Office of the Secretary of State, IRS and other offices
    • Corporation (C Corp and S Corp)
    • Limited Liability Company (Single Member, Multiple Member)
    • Partnerships (General Partnership, Lmt'd Partnership, LLP, LLLP)
  • Capital Structure: Draft and file Certificate of Designation for new class of preferred stock
  • Foreign Jurisdiction Qualification: Analyze the need to be qualified to do business in other jurisdictions. Draft and file appropriate documents necessary to qualify corporation to do business in states other than state of incorporation.
  • Corporate Governance:
    • Analyze requirements for and draft Notices of Regular and Special Meetings of Shareholders and/or Directors
    • Draft Board Resolutions / Minutes
    • Observe Board and/or Shareholder Meetings
    • Participate in analyzing and resolving shareholder disputes
  • Corporate Records: Become familiar with preparation and maintenance of corporate records, including Articles, Bylaws, minutes and written actions, stock records, stock option records.


Equity Financing

  • Private Financing - For Issuer (i.e. the Company) or the Underwriter (i.e. the Selling Agent)
    • Draft or review Private Placement Memorandum ("PPM")
    • Conduct compliance check of PPM against Regulation D
    • Prepare due diligence request and conduct due diligence review of the Issuer
    • Prepare and file federal SEC filings (such as a Form D)
    • Draft agency agreement between Issuer and Underwriter
    • Analyze state "blue sky" regulations to provide exemption from securities registration for sale of securities in appropriate states
    • Assist with closing the offering (review subscription agreements, prepare stock certificates, etc.)
    • Draft legal opinion
  • Public Financing - For Issuer (i.e. the Company) or the Underwriter (i.e. the Selling Agent)
    • Assist with drafting and/or reviewing Registration Statement and Prospectus
    • Conduct compliance check of Registration Statement against rules and regulations of ‘33 Act and ‘34 Act
    • Prepare due diligence request and conduct due diligence review of Issuer
    • Analyze state "blue sky" regulations to provide exemption from securities registration for sale of securities in appropriate states (if representing Underwriter)
    • Assist with preparing various closing documents
    • Draft legal opinions
    • File Listing Agreement and other appropriate documents with NASDAQ/NYSE (if representing Issuer)
    • File appropriate documents with NASD (if representing the Underwriter)


Mergers & Acquisitions

  • Simple Stock or Asset Purchase
    • Prepare and manage checklist of transaction
    • Draft and/or negotiate Purchase Agreement and other transaction documents (Bill of Sale, Stock Powers, etc.)
    • Prepare due diligence request and review due diligence matters (if representing purchaser)
    • Prepare schedules and exhibits as may be required by Purchase Agreement
    • Prepare closing documents
    • Analyze and draft legal opinion
    • Prepare closing book
  • Complex Stock Purchase / Merger/Asset Purchase
    • Prepare and manage checklist of transaction
    • Assist in drafting transaction documents
    • Form "Acquisition Subsidiary" and related matters
    • Prepare due diligence request and review due diligence matters
    • Prepare schedules and exhibits as required by transaction documents
    • If all companies are privately held, analyze state rules re: need for shareholder approval; if one or more companies are publically held, in addition to state law, analyze SEC, NASD and exchange (NYSE/NASDAQ) rules re: need for shareholder approval
    • Draft proxy or other materials needed to obtain shareholder approval
    • Draft closing documents, including legal opinion if required
    • Prepare closing book


Debt Financing / Bank Financing

  • Assist with preparation of loan documents
  • Review and revise Security Agreements
  • Conduct UCC Search
  • Prepare closing checklist and closing documents, including legal opinions and corporate resolutions authorizing transaction
  • Assist at closing


Employment and Executive Compensation

  • Draft and negotiate Employment Agreements
  • Draft and negotiate Non-Compete Agreements
  • Draft and negotiate Confidentiality Agreements
  • Draft and negotiate Change-In-Control Agreements
  • Stock Options
    • Analyze IRC Sec. 422 and prepare Stock Option Plan
    • Draft Stock Option Agreements for Incentive Stock Options (ISOs)
    • Draft Stock Option Agreements for Non-qualified options
    • Draft and file Form S-8 with SEC


Public Company Compliance

  • Annual and Quarterly SEC Filings
    • Prepare and file proxy materials and annual reports to shareholders
    • Conduct compliance check of proxy materials against Rule 14a
    • Prepare and/or review Form 10-K and exhibits and Form 10-Q and exhibits
    • Analyze need to file Form 8-K, including press releases and related disclosure issues
  • Section16 Filings
    • Prepare and file as necessary Forms 3, 4, 5
    • Become familiar with rules under Section 16 / Compliance Program
  • Section 13 Filings
    • Prepare and file Schedule 13D
    • Prepare and file Schedule 13G
  • Rule 144: Analyze requirements under Rule 144 for transferring restricted securities


Suggested Topics for Mentoring

  • Practice Questions

    • Remember, I've never litigated before, so ...
      • In what court do I file this?
      • What's the difference between filing and serving?
      • Do I have to serve everybody?
      • What does "the case is dismissed with prejudice" mean?
    • Remember, I've never done a deal before, so ...
      • What's a closing?
    • Brief/Document Banking (aka "Don't reinvent the wheel.")

  • Career Questions

    • Continuing Legal Education Planning
    • Getting exposure to different kinds of assignments
    • Getting exposure to different practice groups
    • Selecting bar associations to join

  • Administration Questions

    • How do you organize your research?
    • When do I have to, and how do I, open a case file?

  • Litigation Questions

    • How do I get admitted to practice in the various courts?
    • Which courts should I get admitted into?
    • Are there any requirements I need to satisfy before I appear in Court?

  • Corporate Questions

    • What are SEC "No Action" letters?
    • How do I research SEC issues/questions?

My Pages

Sign up for email updates and track your favorite web pages