“You are known by the company you keep” – Aesop’s Fables As lawyers, we are often judged by prospective clients based upon the quality of our past or existing clients. If you represent a large, rich, powerful corporation, the message that sends to a prospective client is – if he or she is good enough […]
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
USPTO Suspends Former GWU Ethics Professor For Two Years Read More »
Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing
Get Out Of Town: The Ethical Perils Of Outsourcing IP Services Read More »
On July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office. The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed a complaint for reciprocal discipline predicated on Mr. Polidi’s disbarment from State Bar of North Carolina. Based on public documents filed
USPTO Reciprocally Excludes Patent Lawyer Based On State Court Disbarment Read More »
“You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer. The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you
OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain Read More »
“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn. Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.”
The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1) Read More »
I still remember vividly today the very first time I signed a paper, as an attorney at law, for filing in court. It was 22 years ago. I remember being nervous. I practiced my signature on a scratch pad, wanting to get it just right, before finally putting ball point to paper. The paper was of heavy bond,
Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical Read More »
In this part, we continue to address some of the ethical risks involving delegation of intellectual property legal services to non-lawyer paraprofessionals. Ethical Responsibilities of Practitioners Regarding Paraprofessionals The USPTO ethics rules state the responsibilities of practitioners over non-practitioners as follows: First, a practitioner who is a partner, and a practitioner who individually or together with
The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 2 of 2) Read More »
