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Author Topic: Foreign Associates -- from both ends  (Read 1185 times)

JimIvey

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Foreign Associates -- from both ends
« on: 09-28-04 at 10:41 am »

I'm not sure which forum this topic belongs in, so forgive me if you think it belongs elsewhere.

I'm wondering (i) how many non-US practitioners out there read these forums, (ii) how any practitioners (US or otherwise) find foreign associates, and (iii) what practitioners look for in comparing potential foreign associates.

I'm looking at this issue from both perspectives.  One is that some of my foreign associates seem a bit pricey, and I imagine that there are firms with a similar approach to my firm in other countries -- focusing on quality work for a lower price by minimizing costs.  I'm wondering how I'll find them since they probably have the same lack of name recognition that I do.

The other perspective is that I send a fair amount of work overseas but don't see any work coming back the other direction.  I'm wondering how I can place my firm in a position to be considered for that type of work.

I'm happy to hear all perspectives on the issue.

Regards.
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James D. Ivey
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ChrisGegg

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Re: Foreign Associates -- from both ends
« Reply #1 on: 10-20-04 at 08:21 am »

Jim,

 I work for Alston & Bird in Charlotte.  We do a lot of work with foreign associates.  As for pricing, everyone seems pricey these days because of the increased translation costs.  But, generally, my experience has been that I'd rather pay more for quality work than try to get a lower rate.  If you think about it, if the quality of work is higher, the chance of second and third office actions, etc., decreases, which will in the end likely be less expensive for the client.
 Regarding receiving work from foreign associates, my experience has been that if a foreign associate's practice is based principly on inbound work, they won't have a client base from which to send work back to you.  Rather, work with broader (larger) firms that will have the ability to send work to you.  Also, try to make a relationship at the other firm with more than just the associate(s) to whom you send work.  Consider visiting the firm and give a short talk on something about US practice that they would have an interest in hearing.  Getting a chance to meet with members of the foreign firm will give them a reason to want to send work your way.  Also, consider that most foreign firms already have someone to whom they are sending their work, and you'll either need to wait around long enough to become that someone, or be more agressive and "casually" ask for work.  It never hurts to emphasize a friendly "the next time you have outbound work, I'd appreciate if you would give me an opportunity to handle it to give you an opportunity to get to know my work."
 As for what to look for, I guess a larger firm like mine has the advantage of being able to try out several foreign firms to find firms and associates we like and then spreading the word around the firm.  But one quality you might not think about is the ability of the foreign firm/associate to provide quality substantive responses or suggestions rather than just being good at pushing paper.  You'll probably agree with a bit of experience that the lower the rates, the more the foreign firm is just using paralegals to push your paper and not really "lawyering" your cases.
 Obviously, take my comments and suggestions for what you think they are worth.

Chris
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Chris Gegg
Alston & Bird, LLP
www.alston.com

Ladislao Warcok

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Re: Foreign Associates -- from both ends
« Reply #2 on: 10-21-04 at 01:39 pm »

Hi Jim, I work for Sena & Berton Moreno in Argentina, its one of the top 5 IP firms in my country, and let me tell you that we work with IP firms all over the world. We work on a reciprocity schedule, you send us a patent to file, we send you another one. The problem with filing in the US is that not many people wishes to file patents on foreign countries. But when they do, we always choose for the last IP firm who has sent us work or if we met with someone from some IP firm in some convention. At least that is how we deal with foreing appliactions.

And let me add you one final word of advise, when it comes to patent applications, always look for the firm who has someone with technical-legal patent knowledge. Not every IP firm has that sort of resources in-house. (I know we do ;)  

Best regards
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