Ethics and Conflicts
Original Program Date :
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.
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
Reviews:
“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
Sonia Lakhany is the founder of the award-winning law firm Lakhany Law, PC and has been filing trademarks for almost a decade. She is considered a national expert in her field, as her work has been recognized and featured by numerous media outlets such as Bloomberg, Entrepreneur Magazine, Glamour Magazine, Business News Daily, and CBS.
Erik is all about energy, when he’s representing clients; speaking at a conference; teaching trademarks at Georgetown University; or leading the trademark clinic at Howard University, where for four years he guided students working with pro bono clients. Through it all, Erik draws on his superpower – the ability to distill complex legal principles and procedures into digestible, understandable, and actionable concepts. Erik’s talent for clarity allows him to not only paint a clear picture of the why, but also the what’s next as he explains options and possible paths forward for clients as they build and grow successful brands.
After cutting his teeth as a trademark examiner for the USPTO, Erik has, in the years since, grown his trademark law practice with the enduring ideals of customer service and affordability. Today, with more than 4,000 client trademark registrations to his name, as a published author, creator of an app for trademark practitioners, and host of the “Tricks of the Trade(mark)” podcast, you won’t find anyone else who will care brands and trademarks as passionately as he does.
Erik lives in Falls Church, Virginia, where he also provides pro bono work for veteran-owned businesses.