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Author Topic: What kind of work do IP/Patent lawyers (associates) do in big firms?  (Read 1797 times)

AZWildcat

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Re: What kind of work do IP/Patent lawyers (associates) do in big firms?
« Reply #30 on: May 08, 2006, 09:42:43 PM »
I strongly disagree with this. Ethics are the way a person applies his or her own moral beliefs. They are not simply about following the rules. Sneaking your way through loopholes is not always ethical. The law is not just about following rules; even our government is founded on the premise of taking a stand against injustice.

No, sneaking your way through loopholes IS ethical, it just may NOT be moral.  I don't understand why drawing a distinction between the two concepts makes you believe that people are arguing that "morality is unimportant".  Both AZWildcat and myself have stressed that ethics is a subset of morality, and that morals are more important!  If you interpret this as "sneaky lawyer-talk" to justify ourselves being slimeballs, then that's just you being unable to keep pace with the discussion. 

If you think that's an unfair assesment, and that you're holding your own just fine here, then more power to you.  By all means, keep using this approach the first time a professor calls on you to work through a static hypo in front of the class.  :)

Again, well said.  In law school they stress objectivity... Outside of Atlanta Steve, there is little being shown in this thread.  Take the OTHER side...

You are accused of raping a 19 year old girl.  You were sure it was consentual, she says it wasn't.  Police find no corroborating evidence, and you're in a jurisdiction where the force element has been reduced to the force of the act.  Yet, she has friends who are going to back up her mental state moments after.  She went to the hospital.  All told, her actions are consistant with someone who has been raped.  BUT, you remember the incident well.  You remember how excited she was, and how she's really the one that pulled you into it.  However, you have no hard evidence to back that up; it's just your word.  She's probably upset that she cheated on her boyfriend, and this is how she's going to make it right.

So you take your case to the lawyer.  You give him $15,000 up front, with $20,000 more due if it goes to trial.  You don't have that kind of money to spend though!  This unfounded allegation has made you broke, and you've been stigmatized infont of the community!  Your lawyer, who you've just given your life savings says, "Well, I'm not sure that we can bring up her past sexual habits.  I mean it looks like she's very promiscuous, but it's really a moral issue for me to use such a defense.  I mean, it's not her fault, so why should she be put on trial?"

Do you see how it is INFACT unethical for you to work against your client?  Hopefully the illustration made it more clear.
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SplitFinger

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Re: What kind of work do IP/Patent lawyers (associates) do in big firms?
« Reply #31 on: May 08, 2006, 10:40:29 PM »
Can someone point me towards some references as to how one might go about preparing for the patent bar?  While I'm not going to do it this summer (too busy moving and trying to squeeze in as much prepping for 1L as practical), I'm giving some thought to doing it during the summer between 1L and 2L.  How long am I going to need, and how would I best be served in trying to prepare?

Thanks.  :)
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bobwil50

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Re: What kind of work do IP/Patent lawyers (associates) do in big firms?
« Reply #32 on: May 09, 2006, 03:07:01 AM »
I think this example is a good illustration of the ethics/morals dichotomy:

You are defending a client and talking to him about background info in order to get a good picture of the events leading up to the crime in question.  During the course of this discussion, he reveals to you that he murdered an individual, but that the murder was unrelated to the case at hand.  You then discover that someone else has been convicted for the very same murder, and is about to be put to death.  You feel morally obligated to prevent an innocent man from dying, but your ethical obligation is to honor attorney-client privelege.

So you have a choice: save an innocent man's life and face the possibility of being disbarred, or adhere to the ethical principles of your profession and let an innocent man die.
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hyacinthsarise

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Re: What kind of work do IP/Patent lawyers (associates) do in big firms?
« Reply #33 on: May 12, 2006, 06:56:00 AM »
I'm not sure this wasn't already touched on as the thread got a little heavy on the theory but from my limited sampling of some NY Biglaw associates and a partner who do ip, there's a lot of M&A work  (stuff like figuring out actual ip assets, merging privacy policies, etc.) and then sort of routine filing things (has anyone else tried to trademark this name or a similar name, we need to get this client's ad campaign copyrighted in Guam) etc.
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