The OED Redemption: Director Expediting Petitions To Reinstate Suspended Practitioners

Michael E. McCabe, Jr.Discipline, Office of Enrollment and Discipline, Patent Ethics0 Comments

It is not necessarily an easy feat for a suspended lawyer to become readmitted to the Bar.  Some jurisdictions prohibit a suspended lawyer from even entering into a law firm.  In other jurisdictions, a suspended lawyer may work as a paralegal subject to numerous restrictions and conditions.   For lawyers who have practiced for many years on their own, such … Read More

Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline

Michael E. McCabe, Jr.Discipline, Patent Attorney Disciplinary Matters, Patent Litigation Ethics, USPTO Decisions1 Comment

Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is usually nothing more than legal “tradecraft” – the techniques of experienced litigators to weave a story through a combination of arguments, documents, and witness testimony. Pretending to read from a document while asking a question unrelated to the substance … Read More

USPTO Suspends Former GWU Ethics Professor For Two Years

Michael E. McCabe, Jr.Discipline, IP Ethics, Reciprocal Discipline0 Comments

Mark H. Allenbaugh, a former award-winning Adjunct Professor on Ethics in Business and the Professions at the George Washington University, was suspended for two years from practice before the United States Patent and Trademark Office. The suspension came as a result of a reciprocal disciplinary proceeding commenced by the Office of Enrollment and Discipline after the OED learned that Mr. Allenbaugh … Read More

Lawyer’s Courtroom Antics Draw One-Year Suspension; Bar Rejects “Stress of Litigation” Defense

Michael E. McCabe, Jr.Discipline, Litigation Ethics0 Comments

A Washington State lawyer was suspended for one year following multiple instances of courtroom misbehavior and making a false report to the police.  See In re Kathryn B. Abele, Wash. Sup. Ct. (Aug. 27, 2015) (en banc). The string of misconduct began during a 13-day trial involving a contentious child custody dispute. During the trial, the lawyer was repeatedly admonished … Read More

USPTO Suspends Patent Attorney For Neglect, UPL And Failure To Cooperate

Michael E. McCabe, Jr.Discipline, IP Ethics, OED, Office of Enrollment and Discipline0 Comments

On May 15, 2015, the USPTO Director issued an Order suspending Seattle, Washington-based patent and trademark attorney Nam D. Dao for six months for allowing multiple patent and trademark applications to go abandoned without client knowledge or consent, engaging in the unauthorized practice of law, and failing to cooperate with the Office of Enrollment and Discipline’s ethics investigation.  In re Nam D. … Read More

USPTO Suspends Ethically-Challenged Patent Attorney

Michael E. McCabe, Jr.Client Funds, Communications, Competence, USPTO Director Decisions0 Comments

On August 19, 2014, the USPTO Director issued a final order suspending a patent attorney for 20-months based on three separate suspensions issued by the Supreme Court of California. The USPTO added an additional six-month period to the suspension—for a total suspension of 26 months—based on the attorney’s failure to cooperate with the OED’s disciplinary investigation. In re Donrad, No. … Read More

USPTO Suspends Patent Attorney After State Discipline For UPL And Drug Conviction

Michael E. McCabe, Jr.Discipline, PTO Ethics Decisions0 Comments

The USPTO suspended a patent attorney for six months from practicing before the Office following the attorney’s six-month suspension from the Commonwealth of Massachusetts bar. See In re Ramos, No. D2014-09. Timothy A. Ramos’ legal troubles began in 2009 as a result of his work for the Ramos Law Group, Inc., in Ohio. During an eight-month period in 2009, about … Read More

Former Client Publicly Blasts Attorney Suspended by USPTO for Failure to Communicate

Michael E. McCabe, Jr.Communications, Competence, Discipline, PTO Ethics Decisions5 Comments

The USPTO recently settled a disciplinary action filed against an IP attorney by suspending him from practice before the Office for five (5) months for failing to communicate and allowing his clients’ trademark applications to become abandoned without their knowledge or consent.  In re Shaffer, No. D2014-18. This disciplinary matter arose from an attorney’s representation of two trademark clients. The USPTO’s public … Read More