Lawyer Alcoholism and Substance Abuse Frequent Causes of Discipline

ABA Model Rules of Professional Conduct, Alcoholism /

One of the most significant studies of alcohol abuse and mental health disorders among practicing attorneys conducted in the past quarter century has concluded that attorneys are at a much higher risk than other professionals for alcohol use disorder, depression, anxiety, and stress. Researchers from the Hazelden Betty Ford Foundation and the American Bar Association

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IPO Hosting Webinar on Conflicts of Interest in Patent Prosecution

Conflicts of Interest, Continuing Legal Education, Patent Ethics /

On Wednesday, February 10, 2016, at 2:00 PM EST, I will be participating in a webinar hosted by IPO Chat Channel  on Conflicts of Interest in Patent Prosecution in light of the recent decision of the Massachusetts Supreme Court in Maling v. Finnegan, Henderson.  In Maling, a case of first impression, the court rejected the

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Anonymous, Inc.: Lawyers, Ethics And Money Laundering Featured On 60 Minutes

Confidentiality, Legal Ethics /

For those of you who are not convinced about the importance of legal ethics in modern society, I urge you to watch yesterday’s broadcast of the story entitled Anonymous, Inc., which was shown on CBS’s 60 Minutes. The venerable weekly news program used a fake client representative, wired with a hidden camera and a false story,

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IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation

OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED /

An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed

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Lawyer Who Photoshopped Self Into Celebrity Photos Posted On Firm Website Suspended For Deceptive Advertising

Advertising, Discipline, IP Ethics, Patent Ethics /

“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

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Attorneys At Grave Risk For Online Fraud: LinkedIn Meets The Nigerian Letter Scam

Patent Ethics /

On Christmas Eve, I received quite an unexpected surprise–an unsolicited invitation to become a “LinkedIn” connection with none other than Harry S. Truman.  Holy cow!  After all, it isn’t every day that I am honored to network with a former Commander in Chief of the Armed Forces of the United States of America. Now, I must admit

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Mass. Sup. Ct. Rules In Favor Of Finnegan, Henderson In Subject Matter Conflicts Malpractice Case

Malpractice, Patent Ethics /

On December 23, 2015, the Massachusetts Supreme Judicial Court issued an opinion dismissing a malpractice complaint filed against an IP law firm for failure to state a claim.  See Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.  A copy of the Massachusetts SJC’s opinion is here.  For our previous discussions about the facts and procedural

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CAFC Muzzles Attorneys’ Appeal From Terminating Sanctions In Patent Case

District Court Litigation, IP Litigation Sanctions /

In a 2-1 decision, a panel of the Court of Appeals for the Federal Circuit ruled it lacked jurisdiction to hear an appeal of an order imposing terminating sanctions in a patent case based upon trial counsels’ conduct in misleading the court about evidence of an on-sale bar.  The Federal Circuit ruled that because the parties

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