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

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