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Becoming a Patent Agent/Lawyer
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   Friends flooding me with ideas...
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   Author  Topic: Friends flooding me with ideas...  (Read 2219 times)
Isaac
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Re: Friends flooding me with ideas...
« Reply #5 on: Jul 13th, 2006, 1:39pm »
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on Jul 13th, 2006, 12:14pm, LF wrote:
The recommendations are on the money, even the tongue in cheek ones. I am assuming you would be willing to give them a price break over what they would pay an agent or atty. (Else what kind of friend are you!).

 
I respectfully disagree.  Getting clients to sign the waivers recommended in items 4-6 would violate the rules of ethics for attorneys if not for all patent practioners.  
 
« Last Edit: Jul 13th, 2006, 1:52pm by Isaac » IP Logged

Isaac
prosdog
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Re: Friends flooding me with ideas...
« Reply #6 on: Jul 14th, 2006, 1:29pm »
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on Jul 13th, 2006, 1:39pm, Isaac wrote:

 
I respectfully disagree.  Getting clients to sign the waivers recommended in items 4-6 would violate the rules of ethics for attorneys if not for all patent practioners.  
 

 
I respectfully agree with your disagreement.  Matter of fact, there was a question on the Patent Bar exam I took last week that touched on the issue.  Waiver of liability was one answer choice of a question where you had to pick the right answer.  Obviously, that was one of the wrong ones.
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Isaac
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Re: Friends flooding me with ideas...
« Reply #7 on: Jul 14th, 2006, 2:10pm »
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on Jul 14th, 2006, 1:29pm, prosdog wrote:
I respectfully agree with your disagreement.  Matter of fact, there was a question on the Patent Bar exam I took last week that touched on the issue.  Waiver of liability was one answer choice of a question where you had to pick the right answer.  Obviously, that was one of the wrong ones.

 
Can you reconcile your position with 37 CFR 10.78 which appears to suggest exactly the opposite of what you suggest?
 
Also a couple sample attorney bar rules.
 
NY professional conduct rule:
 
"A lawyer should not seek, by contract or other means, to limit prospectively the lawyer's individual liability to the client for malpractice nor shall a lawyer settle a claim for malpractice with an otherwise unrepresented client without first advising the client that independent representation is appropriate. "
 
DC Rule 1.8
 
(g) A lawyer shall not:
     (1) Make an agreement prospectively limiting the lawyer's liability to a client for malpractice; or
     (2) Settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith.
 
Lawyers are also subject to rules which require that they not to handle matters which they are not competent to handle without associating with another attorney.
 
Without knowing what question "waiver of liability" was the wrong answer to, I cannot comment on whether the question on the patent bar supports your position or mine.
 
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Isaac
Bill Richards
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Re: Friends flooding me with ideas...
« Reply #8 on: Jul 14th, 2006, 2:36pm »
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Similar rule in Ohio for attorneys.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Guest
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Re: Friends flooding me with ideas...
« Reply #9 on: Jul 14th, 2006, 3:51pm »
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on Jul 12th, 2006, 9:28pm, Bill Richards wrote:
I think "Guest" was speaking tongue-in-cheek to make a point.  Main point -- get help/mentoring before you take on any case.

 
Mr. Richards is completely correct in regards to my previous post, however, I need to be more careful in my future posts since you guys exemplify the attention to detail that is required of a patent practitioner.  
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