Unauthorized Practice of Law Before the USPTO Results in Suspension

In the recent decision of Matter of Kley Achterhof, an attorney was suspended from practice before the U. S. Patent and Trademark Office in patent, trademark and other non-patent matters for a period of 18 months. The decision addressed the ability of an attorney who did not pass the patent registration exam to engage in …

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Fee Sharing and Insurance Disclosure

Attorneys who enter into fee-sharing agreements must be sure that their agreements comply with the California Rules of Professional Conduct. A California court recently determined that a fee sharing agreement was invalid because one of the attorneys failed to disclose that he did not have professional liability insurance. Take a look at my article on …

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Court Disqualifies Firm from Representation Adverse to Client’s Affiliate

By Procopio Partner and General Counsel Carole J. Buckner A recent decision, Trimble Inc. v. PerDiemCo LLC, decided on January 28, 2020 by the United States Court of Appeals for the Federal Circuit, applies California law to grant the request to disqualify the Davidson law firm from representation of Trimble Inc. in an appeal. The …

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Beware: Recent Guidance on Online Lawyer Referral Services

By Procopio Partner and General Counsel Carole J. Buckner A recent appellate court opinion and an opinion from the San Diego County Bar Legal Ethics Committee provide guidance to attorneys regarding online lawyer referral services. In a word, beware. In Jackson v. Legal Match.com, 42 Cal.App.5th 760 (2019), the court found that the LegalMatch lawyer …

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Online Lawyer Referrals Services and Litigation Finance: Seminar on Jan. 25, 2020

As part of a four-hour MCLE seminar, Procopio Partner and General Counsel Carole Buckner will be speaking at the L.A. County Bar Association on January 25, 2020, during their 15th annual ethics seminar, "Ethics: All You Need to Know," by the Professional Responsibility and Ethics Committee. The seminar focuses on practical information of use to …

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Serving Two Masters: the California and USPTO Rules of Professional Conduct

It was my pleasure to present to intellectual property attorneys on legal ethics at our January 13, 2020, talk: "Serving Two Masters: the California and USPTO Rules of Professional Conduct." I discussed some of the differences between the U.S. Patent and Trademark Office (USPTO) Rules and California Rules regarding conflicts of interests, including the additional …

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Webinar on Legal Ethics and Cybersecurity Jan. 10, 2020

Procopio Partner and General Counsel Carole Buckner will be presenting a webinar on January 10, 2020, at noon ET/9 am PT on Legal Ethics and Cyber Security 2020. The ABA recently reported that 26% of law firms reported a security breach.  Lawyers and law firms are at risk of data security breaches and must have …

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