An ethics blog for IP attorneys
Former Prosecutor Who Forged Indictment Wins Jackass of Month Award
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 […]
Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline
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 […]
The Mega-Firm Swiss Verein Law Firm Structure Provides More Access To Legal Services (Good) And More Conflicts Of Interest (Bad)
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 […]
Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?
“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 […]
What They Didn’t Teach You In Law School: Representing Client With Diminished Capacity
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 […]
USPTO Suspends Former GWU Ethics Professor For Two Years
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 […]
Liar Liar: What May Ethical Counsel Do When Faced With False Evidence
Two Chicago criminal defense lawyers charged with perjury and obstruction of justice were recently acquitted as reported in the Chicago Tribune. The lawyers had been indicted for allegedly coaching defense witnesses to lie under oath. The prosecution pointed to the existence of question and answer scripts seized in a raid of the lawyers’ offices. The […]