Competence

  • Are Your Firm’s Foreign Associate Practices Ethical?

    … firm or client “liaison.” Whatever label is applied to the intermediary, the significant point in this relationship (as far as ethical regulators are concerned) is that someone or something stands in between the USPTO practitioner and the client. Thirty years ago, the USPTO published in the Official Gazette (OG) ethics “guidance” for patent…

    Michael E. Mccabe Jr./ IPethics & INsights- 12 readers -
  • To Encrypt, Or Not To Encrypt, That Is The Question

    … with relevant technology . . .” Additionally, the ABA modified Model Rule 1.6—the duty of confidentiality—to add new subpart (c), which provides that: “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” In Formal Opinion 477…

    Michael E. Mccabe Jr./ IPethics & INsights- 16 readers -
  • The Ethics Of IP Docketing Software

    …, missing a deadline can mean lost customers, business reputation risks, malpractice claims, and professional discipline by the USPTO. Moreover, the duty of technical competence, which has been adopted by almost half the states, requires lawyers to obtain proficiency with developments in technology. Running an IP firm without suitable docketing software is a bit like playing Russian roulette with your law license. It is just plain dumb. …

    Michael E. Mccabe Jr./ IPethics & INsights- 10 readers -
  • Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

    … is not accessed by an unauthorized individual. USPTO Rule 37 C.F.R. 11.106, which tracks ABA Model Rule 1.6, states, “a practitioner shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, [or the disclosure is otherwise…

    Michael E. Mccabe Jr./ IPethics & INsights- 40 readers -
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