Seeking National Uniformity, California (Finally) Adopts New Ethics Rules

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Multijurisdictional PracticeLeave a Comment

California is an outlier no more–at least when it comes to its ethics rules. On May 10, 2018, the California Supreme Court issued an order approving the adoption of a new set of Rules of Professional Conduct patterned after the ABA Model Rules, which were first published in 1983.  The court’s ruling means that California will finally be joining the … Read More

Don’t Let The Screen Door Hit You: The Ethics Of Switching Firms

Michael E. McCabe, Jr.Confidentiality, Deceit, IP Ethics, Law Firm Breakups, Patent EthicsLeave a Comment

You are sitting at your desk when the phone rings.  It’s a head hunter. The caller tells you about an amazing opportunity with another firm across town.  That call starts a series of calls and meetings.  Eventually, the new firm offers you a position.  There are, however, two strings attached.  First, the new firm expects you to generate a certain … Read More

Ethical Considerations for Young Lawyers

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, IP Ethics CLE, Legal EthicsLeave a Comment

Many situations arise in the work place where young lawyers find themselves facing real ethical dilemmas. For example, your supervisor has asked you to do something that you believe may violate the Rules of Professional Conduct.   Or you become aware that another lawyer has engaged in conduct already that may be unethical.  Or a close friend or family member has … Read More

Practitioner Beware: Outsourcing Patent Applications May Be Illegal

Michael E. McCabe, Jr.Outsourcing, Patent EthicsLeave a Comment

I am solicited on an almost daily basis by overseas organizations offering deeply-discounted patent application drafting services.  It may very well be that such services, which typically originate from countries where there is an abundant supply of technically-skilled labor, can offer a competitive product at significant cost savings compared to fees charged by U.S. patent practitioners for equivalent services.  Thus, … Read More

Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)

Michael E. McCabe, Jr.Civility/Professionalism, Duty to TribunalLeave a Comment

Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects attorneys to conduct themselves in … Read More

Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come?

Michael E. McCabe, Jr.IP Ethics, Prejudicial to administration of justice, PTAB Discipline, PTAB Ethics, PTAB Sanctions1 Comment

For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship.  The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and 37 curb improper discovery and … Read More

Colorado Man Stole Lawyer’s Identity To Create Fictional Online Law Firm: Criminal Complaint

Michael E. McCabe, Jr.Fraud, Internet Scams, Lawyer Identity Theft, Unauthorized Practice of LawLeave a Comment

Prosecutors in Eagle County, Colorado have filed a five-count criminal complaint against Dak Steiert, alleged mastermind behind a fictitious IP law firm.  According to state prosecutors, Steiert stole the identities of a real patent lawyer and two others to create a fake law firm which he used to lure unsuspecting inventor “clients” into paying thousands of dollars for patent applications … Read More

PTO Excludes Patent Attorney Who Paid Client To Deep-Six Ethics Complaint

Michael E. McCabe, Jr.Patent Ethics, Prejudicial to administration of justice, Settlement ethicsLeave a Comment

Money can buy many things.  When a lawyer and client have a dispute, such as a client’s claim for legal malpractice, money often can buy “peace.”  And when clients and their lawyers settle such a  dispute, it is common for the parties to agree by contract to dismiss—or refrain from filing—a civil complaint. But a lawyer’s ability to buy peace … Read More