Would you adapt another patent attorney's stylistic comments?

[Retarius]

I have a client who has a friend who is a patent attorney/litigator. I just finished drafting a utility application for the client. He gave it to his friend to review, who provided several review comments - some that I agree with and some that I don't. The client is requesting that I incorporate all of his comments, even those that I disagree with and those that are "stylistic" in nature and not clearly right or wrong as current and/or established drafting practices. He indicated that if he participates in litigation, the other patent attorney will represent him and the other attorney is requiring these changes in order to be more comfortable with the application.

My question is what would you do? My client understands that I disagree with several of the comments. Would you just change whatever the other attorney is requiring, refuse to make the changes you disagree with, or something else? The other attorney does not have time for a call or a visit to discuss.

[MYK]

Is the work flat-fee or hourly billing?

For stylistic fluff (e.g., inserting the definition of "is"), "the client is always right".

If something would be a bad idea, whether due to enforceability or limiting the invention or something else, explain to the client and let the client hash it out with his friend.  Keep a memo noting that you have discussed the specific point with the client and have made your objections clear.

If something sinks to the level of malpractice, you obviously can't do it even if the client is demanding it.

[Retarius]

Thanks MYK. The work is hourly billable. After sleeping on it, I think what you are recommending makes a lot of sense. If the requested items don't affect important items like enforcement or clear meaning, just do them and charge for the effort. For important stuff provide reasoned arguments and keep clear records of what is requested.