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.
- How long is the class? We estimate about an hour but can stay on longer if there are questions.
- What if I can't make it live? As always, you'll receive a replay right after we finish.
- How long do I have access to the replay? Forever- the materials are yours to keep for lifetime access.
- Is there CLE credit? No, sorry!
- Can I ask questions? Yes, there will be an opportunity for live Q&A during and after.
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
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