ETHICS PRACTICE

Registered patent attorney Michael E. McCabe, Jr., understands the sensitive and potentially disruptive nature of legal ethics matters, particularly when they involve alleged violation of the rules of professional conduct. We are dedicated to maintaining the privacy of our diverse client base.

Mr. McCabe has successfully represented scores of intellectual property attorneys in ethics investigations conducted by the USPTO’s Office of Enrollment and Discipline. His clients include patent attorneys, trademark attorneys, and patent agents. Mr. McCabe has handled USPTO OED disciplinary investigations and ethics complaints for solo IP practitioners and patent agents, small and midsized firms, as well as partners, associates and groups of attorneys from some of the most prestigious general practice and IP boutique law firms in the United States.

In recognition of his unique experience, Mr. McCabe has been appointed by the United States Department of Justice to serve as Special Outside Ethics Counsel on behalf of federal government employees investigated by the USPTO Office of Enrollment and Discipline. Mr. McCabe also has provided ethics advice to judges faced with potential disciplinary action.

We handle the most complex IP ethics and disciplinary matters with efficiency and professionalism. It has been our experience, and we firmly believe, that many bar disciplinary matters are resolved during the investigation stage, without the need for protracted litigation. Providing thorough and comprehensive responses during the course of an ethics investigation is often critical to mitigating the risk that disciplinary charges for professional misconduct will be filed. Depending on the nature of the issues, regulators can decide the conduct does not warrant discipline or they may issue a private warning.

In more serious cases, the OED Director or other bar counsel may seek sanctions ranging from a reprimand, to a license suspension, to disbarment. Discipline imposed by the OED is normally given reciprocal treatment by state bar regulators. Negotiated settlements can be much less stressful and expensive and may allow you to control the outcome.

In instances when a settlement is not an option or the matter cannot be resolved without litigation, we aggressively defend your rights and strive to reach the best possible results.

In addition to our robust USPTO ethics and disciplinary defense practice, we also represent corporate clients, law firms, and individual attorneys and patent agents in providing common sense advice and strategy to ensure that their practices comply with the applicable USPTO Rules of Professional Conduct.

Mr. McCabe has also represented IP practitioners in ethics and disciplinary investigations before the Bars of Maryland, Virginia, and the District of Columbia.