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[Bill Richards]

I have been asked to consider working with a patent agent nearby.  (I am a patent attorney.)  I'd appreciate any comments about the idea of: (1) working with someone else in general; and (2) an attorney working with an agent.  This individual does bring to the table some that I don't have; a bio background, for example.  For starters, however, he has set up a company with a tradename, which is impermissible in my state.  Should we consider just referring work to each other?  A more formal arrangement where I form a law firm and he's an employee?  (We cannot form a law firm together.)
Thanks!

[Isaac]

I have been asked to consider working with a patent agent nearby.  (I am a patent attorney.)  I'd appreciate any comments about the idea of: (1) working with someone else in general; and (2) an attorney working with an agent.  This individual does bring to the table some that I don't have; a bio background, for example.  For starters, however, he has set up a company with a tradename, which is impermissible in my state.

Impermissible for him or for you or both?  Most jurisdictions don't say all that much about patent agents.

Should we consider just referring work to each other?  A more formal arrangement where I form a law firm and he's an employee?  (We cannot form a law firm together.)
Thanks!

Something  to beware of if you in an employee/employer relationship is avoiding fee sharing as defined in your jurisdiction.  Some type of referral relationships might cross a fee sharing line, but I'm not going to attempt to say what's legal.   Also the employee cannot be an employee in name who is really a partner (assuming your states bar rules say that).

As a brand new attorney, I found working with an experienced attorney who had a different technical background than my own to work out well.   We did not partner up.  He subcontracted work out to me.

[Bill Richards]

Isaac, Thanks for your prompt reply.
In my state, an attorney cannot practice under a tradename (unlike FL, for example).  Unless one is also an attorney, states have no say in what a patent agent does.  It's governed by the Patent Office rules.  Also, in my state, we can't have any quid pro quo or paying referral fees.  So, that's out.
Can you say more about subbing out.  Was there a formal agreement?  Who signed your work, him or you?  Did he pay you a per-hour rate and then he'd bill the client?

[Isaac]

The arrangement was that I'd bid on the work based on whatever info was available including an amount for him to review the work.   He submitted my bid, reviewed my work and signed it.  I was treated pretty much the same way he treated his illustrator.

The result was not fee sharing in the state in which I worked because each attorney was paid only for the work that he did.   He certainly earned his reviewing money at the outset of our relationship.

States have no say in what a patent agent does as far as practice before the office related to filing and prosecuting patent applications is concerned.   States do not necessarily agree on what "related to filing and prosecuting patent applications" means, and in some cases do try to regulate patent agents in grey areas.   I suspect that a state could tell a patent agent what kind of business entity it could form if it really wanted to.  Most states don't bother.