Ethics and Conflicts

It's not exactly the most exciting of topics but very much a necessary one. While trademarks are one of the best practice areas out there, it isn't an exception to the rules pertaining to ethics and conflict checks that we are held to as attorneys. 

Syllabus:

1. Retainer Agreements
Key provisions to include and sample language   

2. Client Identification
Ensure you know who the client is and decipher between entities and organizations

3. Pre-retainer consultations
How to structure consultations to avoid conflicts
Avoid pitfalls and common mistakes

4. Avoiding conflicts of interest
What constitutes a conflict
Create or update an effective conflict-checking system 

5. Handling (and firing) difficult, responsive, and non-paying clients
How to withdraw within bounds of ethics and USPTO guidelines

6. Ethics issues raised in trademark searches

7. Comparing competitors
How similar do goods, services, and industries need to be before there is a conflict?

8. Waivers of conflicts

9. When is it too late?
What to do if you feel you're in a conflicts situation

10. Dealing with difficult opposing counsel

11. Settlement discussions

12. Special consideration for cannabis clients
- The interplay between state and federal laws
- USPTO registrations and issues
- Treatment for hemp and cannabidiol (CBD) products
- Ethical considerations

13. Handling issues related to fees and funds

14. Malpractice insurance

15. How to handle mistakes

16. Live Q&A

This course was taught by Sonia Lakhany and Erik Pelton in 2020.

Testimonials:

“You guys are TRULY amazing. I have zero qualms about giving you all of my money. Your classes, your guides, your quick answers on FB…all make me a better and more confident attorney. THANK YOU!!! – Anonymous

“Thanks to you and Erik for creating and providing great content!” – Xavier Hailey

“Sonia and Erik are both trademark experts and great personalities who make their courses exciting." – Tony Booker