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An ethics blog for IP attorneys

Accounting 102 Course for Lawyers

By Michael E. McCabe, Jr. | December 2, 2015

A common theme in attorney discipline cases is the lawyer’s failure to properly handle client funds. Law school, unfortunately, teaches lawyers-to-be little if anything about basic accounting principles or financial record-keeping. Lawyers owe a fiduciary duty to their clients which includes proper handling and documenting their money. For those interested in getting a basic understanding […]

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Theft, Intimidation, Lies and Obstruction Nets Turkey of the Month Award

By Michael E. McCabe, Jr. | December 2, 2015

The newly-branded Turkey of the Month (f/k/a Jackass of the Month) Award goes to David J. Steele. An attorney since 2003, Mr. Steele was disbarred by the Indiana Supreme Court, which charged him with eight counts of misconduct involving among other things “theft of client funds, retaliatory disclosures of clients’ confidential information, pervasive dishonesty, and […]

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Former Prosecutor Who Forged Indictment Wins Jackass of Month Award

By Michael E. McCabe, Jr. | October 30, 2015

This month’s “Jackass of the Month” award featured many fine contestants.  Each exhibited the qualities of a true jackass — arrogance, intentional disregard of the law, superiority, and narcissim, to name a few. But one attorney stood out head and shoulders above the crowd for his truly loathsome behavior as not only an officer of […]

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

By Michael E. McCabe, Jr. | October 27, 2015

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 […]

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District Court Holds USPTO’s Reciprocal Discipline Rule Requires Agency To Impose “Identical” Sanction As State Bar

By Michael E. McCabe, Jr. | October 19, 2015

USPTO practitioners take heed — if you are publicly disciplined on ethical grounds by a State Bar, the USPTO must impose the identical disciplinary sanction as the State Bar.  Moreover, Section 11.24 provides practitioners notice regarding the procedure to be followed if a practitioner is disciplined on ethical grounds by another jurisdiction.  Those are the […]

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The Mega-Firm Swiss Verein Law Firm Structure Provides More Access To Legal Services (Good) And More Conflicts Of Interest (Bad)

By Michael E. McCabe, Jr. | October 14, 2015

Baker & McKenzie is one.  Dentons is as well.  So are DLA Piper, Hogan Lovells, King & Wood Mallesons, Norton Rose Fulbright, and Squire Patton Boggs. What these venerable law firms all have in common is they are organized as Swiss associations, or “vereins.” A Swiss verein is a formal legal structure recognized under Swiss […]

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Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?

By Michael E. McCabe, Jr. | October 12, 2015

“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare.  The nightmare can be made even worse when, according to the patent owner, the patented technology is so […]

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What They Didn’t Teach You In Law School: Representing Client With Diminished Capacity

By Michael E. McCabe, Jr. | October 6, 2015

In recognition of Mental Health Awareness Week, the focus this month on “What They Didn’t Teach You in Law School” is on representing a client with diminished mental capacity.  According to the leading mental health organization in the country, 1 in 5 adults in the United States suffer from some form of mental health condition […]

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USPTO Suspends Former GWU Ethics Professor For Two Years

By Michael E. McCabe, Jr. | October 5, 2015

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 […]

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Black Friday Comes Early: $4.95 Flat-Rate Legal Service Raises Ethical Concerns

By Michael E. McCabe, Jr. | October 3, 2015

Attention all shoppers.  Legal fees now at deeply discounted prices.  The ABA and a cloud-based computing service have launched a new fixed-price program to provide on-demand legal advice for small businesses.  The price? A flat rate of $4.95.  That is not a typo. In a Thursday press release, the ABA and Rocket Lawyer announced that they have begun testing ABA Law Connect in Illinois, […]

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