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Other >> Education and Law Schools >> online law school and not working in Ca
(Message started by: ffry57 on Apr 5th, 2006, 11:40am)

Title: online law school and not working in Ca
Post by ffry57 on Apr 5th, 2006, 11:40am
Has anyone gone to online law school (AKA Concord) and work in patent field outside Ca?  In particular in NY.
What can't  I do in NY that a graduate of ABA approved NY school can do?  Assuming I pass the patent bar.

Is this worth pursuing?  I'm 49 year old EE/SW engineer looking to go to law school on line and live and work in NY.  


Title: Re: online law school and not working in Ca
Post by SoCalAttny on Sep 30th, 2006, 11:21pm
If you are leaving CA then stick to an ABA school. The online JD will not allow you to sit for the NY bar. I am sure that you have already checked th NY bar website and looked at the requirements for testing. Since you asked, PTO bar is enough to file and prosecute and practicing law in NY may not be an option...... so skip the online school.

Title: Re: online law school and not working in Ca
Post by Isaac on Oct 1st, 2006, 7:37am
A patent agent or a patent attorney not licensed in NY probably cannot do infringement opinion or other litigation related work.

Title: Re: online law school and not working in Ca
Post by biopico on Oct 1st, 2006, 9:45am
Concord has a new president (former senior official) from ABA.  It may be possible for Concord to be ABA-approved down the road.

You might want to talk to Concord and see whether that is the possibility by the time when you graduate in four years or later.

Title: Re: online law school and not working in Ca
Post by LF on Feb 21st, 2007, 10:11am
Ah, the mail Law school saga!

I am an Agent and considering signing up for Concord, figuring that in four years I would then be able to pick up some of that Copyright trade.

Has anyone on this board done it? If I understand the California rules, you can only sit for the exam in California, and no matter how long you practice in CA, you would not be allowed to sit for the bar anywhere else.  Correct?

From the posting above, that would not allow you to do any litigation work outside CA? (But would allow Trademark/Copyright in front of the USPTO regardless of what state you live in?).

LF

Title: Re: online law school and not working in Ca
Post by Isaac on Feb 21st, 2007, 11:53am

on 02/21/07 at 10:11:46, LF wrote:
Has anyone on this board done it? If I understand the California rules, you can only sit for the exam in California, and no matter how long you practice in CA, you would not be allowed to sit for the bar anywhere else. Correct?


California rules don't prevent other states from admitting you to practice in those states with a JD from Concord. Each state makes its own call on that. However, many states (read most but not all) won't allow you to take the bar exam or admit you to practice with a degree from a correspondence school. If you're interested in the exceptions you'll have to pick a state and look at the requirements for admission.


Quote:
(But would allow Trademark/Copyright in front of the USPTO regardless of what state you live in?).


Copyright law is not practiced before the USPTO. The practice of copyright law is subject to state UPL laws.


Title: Re: online law school and not working in Ca
Post by Sako on Feb 27th, 2007, 8:16am

on 02/21/07 at 10:11:46, LF wrote:
Ah, the mail Law school saga!

I am an Agent and considering signing up for Concord, figuring that in four years I would then be able to pick up some of that Copyright trade.

Has anyone on this board done it? If I understand the California rules, you can only sit for the exam in California, and no matter how long you practice in CA, you would not be allowed to sit for the bar anywhere else.  Correct?

From the posting above, that would not allow you to do any litigation work outside CA? (But would allow Trademark/Copyright in front of the USPTO regardless of what state you live in?).

LF


I believe both Wisconsin and Vermont will allow you to sit for their bar exams immediately after you pass the CA bar.  I know that several other states will allow you to sit for their bar exams after you practice in CA for 5-7 years.  I believe that NY strictly forbids a correspondence school degree from ever sitting for their bar.

I'm not sure how that affects patent since that is a federal area.

Title: Re: online law school and not working in Ca
Post by Isaac on Feb 27th, 2007, 9:23am

on 02/27/07 at 08:16:41, Sako wrote:
I'm not sure how that affects patent since that is a federal area.


A patent attorney could do at least everything a patent agent can do.

The question is not whether a particular area is federal, but whether there is federal law (including statutes and federal agency regulations) authorizing individuals practice in the particular area.  If so, then that federal law is supreme over state UPL laws.  For example, federal law allows any attorney and some non attorneys to represent clients in certain immigration, tax, and social security agency proceedings, and authorizes registered patent attorneys and agents to represent clients in proceedings before the patent office.  States cannot circumvent federal law to put a kibosh on federally authorized practice.  However there is no federal law authorizing patent attorneys to do patent licensing, to practice copyright law, or to do trademark litigation and state law generally does regulate practice in those areas.

Title: Re: online law school and not working in Ca
Post by LF on Feb 28th, 2007, 11:43am
Sako/Isaac:

Thanks for the input.

Isaac, the USPTO requires you to be a lawyer to do Trademark work (other than for yourself, of course), so if one is admitted to practice only in California, can you apply for a Trademark for a customer with offices in Texas?

The ABA has a nice brochure outlining who allows what. Based on the number of "correspondence" schools, sounds as if California is the way to go. What I am trying to do, is to be able to expand my patent prosecution practice to include some simple Copyrighting/Trademark, instead of having to "farm out" to lawyers.

So assuming I go that route, does anyone know what it takes to stay "admitted" to the bar in California? Do you have to reside in the state, or can you just have an office. I'll be asking the CA people, but figured if anyone knows, saves me the e-mail.

My real preference is for Texas, has anyone been admitted to the bar in TX through a "distance learning" school?

LF

Title: Re: online law school and not working in Ca
Post by Isaac on Feb 28th, 2007, 1:13pm

on 02/28/07 at 11:43:40, LF wrote:
What I am trying to do, is to be able to expand my patent prosecution practice to include some simple Copyrighting/Trademark, instead of having to "farm out" to lawyers.


If you were in Texas, I don't understand how your CA license would allow you to practice copyright law there.  At least arguably any licensed attorney can practice federal trademark law before the patent office, but at least some states have UPL laws suggesting otherwise on the basis that you need to practice at least some state law to do a competent job.  See NC for instance.   I am not familiar specifically with how CA and TX do things.


Quote:
So assuming I go that route, does anyone know what it takes to stay "admitted" to the bar in California? Do you have to reside in the state, or can you just have an office. I'll be asking the CA people, but figured if anyone knows, saves me the e-mail.


No residence or office in CA would be required.   You have to pay your annual dues and keep current on the CA CLE requirements.

Title: Re: online law school and not working in Ca
Post by John Flanagan on Dec 1st, 2007, 6:34am
My advice to the person age 50+ with EE/SW is to skip going to law school; become a patent agent by passing PTO agent's exam, and become a solo pactitioner who concentrates patent practice on independent inventors, the most underserved segment of the IP market.  Don't worry about inability to do patent licenses.  Most of your clients, unfortunately, will never get the opportunity to license their patent.  The 1-3%, at best, who might get the opportunity you can merely refer them to a patent attorney to handle that for them.  In other words, really specialize in just getting patents for clients.  Believe me that is enough to worry about for one person.  I worked this way for 25 years using a home office and found it very enjoyable.  I joined the various inventor organizations as a provider sponsor and volunteered time providing free advise.  Also I charged low fixed fees and answered by own telephone, etc., etc.  You can control your own destiny that way and get out of it what you put into it, effort-wise.  And to hell with all of the state bar requirements and decisions about which law schools to attend.  Whether a patent attorney or agent, if you specialize in this way you can work anywhere in the country you want to.  I choose to live and work near ski resorts and good mountain hiking where I could partake in these activities on a daily basis.  I never had an independent inventor ever ask me where I went to law school.  The only thing they were concerned about was not getting ripped off and doing a good job for them.  



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