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   What is with agents & attorneys
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   Author  Topic: What is with agents & attorneys  (Read 3081 times)
Senior Member


Posts: 2584
Re: What is with agents & attorneys
« Reply #20 on: Sep 18th, 2006, 11:28am »
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on Sep 18th, 2006, 11:08am, biopico wrote:
I recently went to CA and spoke with an attorney.
I was told that 99.9% attorneys are trying to rip off his or her clients.
Can anyone explain what this means?

Yeah, I can explain that.  The one attorney you spoke to was an idiot.
Between law school and my 15 years in the practice, I've met thousands of attorneys and got acquainted with a couple hundred or so.  Sure, there are some real obnoxious attorneys out there, but even the obnoxious ones believe they are providing their clients with a valuable service and strive to make the service worth the cost to the client.  By and large, attorneys honestly try to do well for their clients.
That doesn't mean that no attorney will ever try to rip their client off, it just means that it's quite rare and that the 99.9% figure was absolutely ludicrous.
If you ask an attorney who's not an idiot, that's the answer you would receive.
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James D. Ivey
Law Offices of James D. Ivey
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Posts: 434
Re: What is with agents & attorneys
« Reply #21 on: Sep 18th, 2006, 5:08pm »
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Thanks Jim.  You said I wanted to hear.  It is good to know.  I feel better.
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Registered Patent Agent Specializing in All Areas of Biotechnology


Posts: 9
Re: What is with agents & attorneys
« Reply #22 on: Dec 10th, 2006, 4:40pm »
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Well, the state law (if modeled on ABA rules) prohibits any breach of confidentiality (except in few cases.... ). However, working with PTO has a significance too. For instace, if a client tells the attorney something which could be detrimental to obtaining a patent, is the attorney not required to disclose it to the PTO? what state law says doesn't matter when a federal law specifically requires disclosure.
I am not aware of any case where the state bar went after the attorney for disclosing information to PTO. Would be interesting to see one. I guess, as long as Sperry is still a good law, chances are that the state bar will lose.
on Jul 8th, 2006, 5:30pm, Isaac wrote:

The confidentiality limits are state specific.  In many jurisdictions (for example DC) there is no exception allowing the attorney to reveal  client secret to prevent commission of a fraud or other crimes not involving bodily harm, even though the attorney has an obligation not to participate in the crime.  In North Carolina an attorney is allowed to reveal info to prevent commission of a crime or even to correct a past fraud in some cases.  I believe VA rules require the attorney to reveal info to prevent commission of a crime if the attorney cannot dissuade the client.
In some cases federal law may require revealing a confidence that state law prohibits revealing.

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Rajeev Madnawat, Patent Attorney , San Jose, CA

WARNING: This public message board posting is designed for a general discussion on the subject matter. This is not a legal advice.
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