MJP, Ethics and the Practice of Patent Law - Why you are Probably Guilty of Unauthorized Practice of Law - Building Block CLE - CLE Online



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MJP, Ethics and the Practice of Patent Law - Why you are Probably Guilty of Unauthorized Practice of Law

MJP and the Practice of Patent Law - Are you guilty of unauthorized practice of law?

I haven't committed a crime. What I did was fail to comply with the law.
-David Dinkins

A student from the University of Washington has sold his soul on eBay for $400. He's a law student, so he probably doesn't need it, but still, that's not very much. Today, Hillary Clinton said, "Hey, at least I got some furniture and a Senate seat for mine."
-Jay Leno

Almost all patent attorneys in the United States, to a greater or a lesser extent, serve clients who are located far from the attorney's offices. Indeed we think of ourselves not as attorneys of New York, or Virginia, or Vermont, but as national and international practitioners in a unique specialty. We assume that, as patent attorneys, we are authorized to do our thing wherever it is needed, provided that we are a member of the state bar in which our office is located and of course subject to obtaining Pro Hac Vice permission to appear in local courts. However, on any given day thousands of patent attorneys are almost certainly engaged in the unauthorized practice of law, and are at some slight, but real risk for serious consequences from what we all assume to be standard operating procedure. Moreover, the trend toward virtual offices and working away from a fixed base means that even more attorneys in the future will be joining those now engaged in the unauthorized practice of law.


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