OUR FIRM POLICIES

 

Attention New (and Existing) Clients:  Please read all of our policies as listed below.  Please call if you have any questions regarding these policies.  These policies are intended to reduce our overhead costs by limiting the amount of paperwork we need to maintain and also limit our liability (and labor costs) for docketing and reminding clients.  By keeping our overhead costs low, we can serve our clients better and keep attorneys fees reasonable.  However, this does require that the client maintain an active interest in their own legal affairs.

 

 

1.  Attorney-Client Relationship:  A prospective client is not considered to be part of our active client base until a fee agreement (price quote) has been presented to the client, agreed upon by the client, and an advance on fees and services received.  Until that point, a prospective client is not considered an active “client” of Robert Platt Bell and we are not responsible for a prospective client’s legal matters.  We do, however, agree to keep in confidence, all confidential client information as defined below.  We reserve the right to refuse any prospective client for any (legally permissible) reason whatsoever.

 

 

2.  Docketing:  We docket each action in every ACTIVE case that is under our care.  An ACTIVE case is defined as any Patent, Trademark, or Copyright matter from the time the matter is taken on from an active client until the Patent, Trademark, or Copyright matter is issued by the Patent & Trademark Office or Library of Congress.  We do not docket post-issuance events (see below).

 

As we are assuming responsibility for docketing matters in our care, we must insist on being the address of record for all legal matters under our care.  For example, we will not prepare a Patent Application for a client to file pro se, listing themselves as the point of contact, as we would arguably be liable for matters not under our control.  The only exception to this rule is that we do prepare applications for Government Agencies and Corporations with competent in-house legal staff and docketing systems.  In such circumstances, those entities assume complete responsibility for docketing of such matters.

 

 

3.  Reminder Letters:  With each communication from the Patent & Trademark Office and/or Library of Congress, we send out an Instruction Letter at no charge to the client.  In these Instruction Letters, we spell out when due dates for responses to specific actions are due.  In some instances, these due dates may be based upon mailing date or issue date of other, attached documents.  It is the client’s responsibility to recognize these due dates and respond to us well in advance of those due dates.   We cannot be constantly reminding clients of their responsibilities and obligations.  Read these letters carefully!

 

 We do NOT agree to send reminder letters, or reminder of reminder letters, or follow up with phone calls to reminder letters, or send e-mails, faxes, etc, etc.  Such reminder letters, calls, faxes, and e-mails consume an inordinate amount of our time and increase our costs to our clients.  We do not charge for reporting matters for clients, but we report matters only once!  Other law firms will send reminder after reminder to clients, but charge for each reminder letter.  The choice is yours to make.  A $500 reminder letter is not efficient use of your resources, in our opinion.

 

Moreover, we have learned that excessive reminder letters serve only to train clients to expect 2, 3, or more letters before a due date, and thus fail to respond to our initial letters.  It is the client’s responsibility to maintain an active interest in their own legal matters and respond promptly.

 

We are not responsible for any application becoming abandoned or any issued Patent expiring where we have advised the client of the existence of a response date or a maintenance fee response date.  It is the client’s responsibility to provide us with instructions prior to those due dates.  Similarly, we are not responsible for any loss of patent rights due to failure to file before a bar date (or anniversary date) which we have made the client aware of (or which the client is aware).  When we send a letter listing a response date, carefully make note of that date.   Subsequent reminders will NOT be sent.

 

If we do NOT receive a response from a client, we will assume the client does not intend to respond to a matter and wishes the application to go abandoned or lapse.  It is the client’s obligation to maintain communications with their attorney!

 

On occasion, we may send a reminder letter or make a reminder phone call or e-mail as a courtesy to the client.  However, we do not guarantee to do so.  Moreover, by sending such a reminder, we are not agreeing in the future to send reminders for future time-sensitive events.

 

 

4.  Extended Docketing:  When a Patent, Trademark, or Copyright matter issues, there may be Maintenance Fees, Affidavits, renewals, or other events that may be due several years from the issue date of that matter.  We will advise you of such long-term due dates upon issuance of the matter.  However, we do not agree to docket these matters and/or send reminders with regard to such matters.

 

The liability for docketing and reminding clients of maintenance fees, for example, is too large, considering the amount charged for payment of such maintenance fees.   In many instances, clients, when reminded of such fees, pay the fees themselves.  Thus, we incur a liability to remind the client, but are not even paid for such risk-taking.   This is not fair to us, or our other clients.  So we refuse to take on such a responsibility and liability.

 

We cannot assume a 13 year docketing liability unless paid in advance for such a service.  We recommend that you either docket these liabilities yourself, or hire a Annuity Company (e.g., Computer Patent Annuities) to docket and pay such Maintenance Fees.  Once a matter issues, our docketing responsibility and liability ceases.

 

On occasion, we may send reminders to clients, as a courtesy only, of such extended docketing matters.  However, such reminders are not an agreement to send subsequent reminders or any agreement to assume liability for payment of maintenance fees or the like.

 

Note that it is also the client’s responsibility to keep in touch with us with regard to address changes and the like.  Oftentimes, materials from the Patent & Trademark Office are sent to us after a Patent issues.  For example, a client decides to pay his own maintenance fee to avoid our $150 fee for such a service.  The USPTO sends us a receipt for such payment.  However, we cannot forward such documents to the client without a current address.  We ask that if you decide to take on such tasks yourself that you file a change of address with the USPTO and keep us apprised of your new address as well.

 

 

5.  Confidential Client Information:  With all clients and potential clients, we agree to use best efforts to keep confidential client information in confidence.  However, we ask that clients disclose to us only that information that is related to the Patent, Trademark, or Copyright matter.  We do not agree to keep in confidence any publicly available information or information already known to us.

 

In addition, we do not consider the mere representation of a client to be a “confidence”.  If you want to keep your representation a secret, please find another attorney.  My name, as well as yours, will be printed on the face of any issued (or published) Patent.  Excessive secrecy serves no purpose and also make me wary of representing such a client.

 

Since any Patent, Trademark, or Copyright matter will eventually be published and disclosed to the public, there is little need for extensive secrecy.  We prefer to avoid any unnecessary and heroic means of maintaining secrecy, such as the use of encrypted files, non-disclosure agreements, or the like.  These unusual steps are time-consuming and difficult.  I will refuse to represent any client who seems paranoid or otherwise overly secretive.  Rather then spend efforts on maintaining secrecy, the client is better served by getting the Patent, Trademark, or Copyright matter on file as soon as possible.

 

Sorry, but we will NOT sign Non-Disclosure Agreements with clients.  It has been my experience that most clients requesting Non-Disclosure Agreements are not compatible with my practice.

 

Note, however, that the whole point of the Patent system is to disclose inventions to the public in return for a limited  monopoly.  Thus, excessive secrecy goes against the very nature of the Patent system.

 

 

6.  Termination of Representation:  A client may terminate representation at any time, as is their right under the law.  All documents relating to a client matter in our possession will be returned to the client or forwarded to client’s new counsel (at client’s expense) or destroyed, whichever is preferred by the client, provided client’s account has been brought up to date. 

 

Similarly, we reserve the right to terminate representation of a client at any time, for any (legally permissible) reason, including non-payment of fees for services and expenses, as well as failure to adhere to these firm policies.  All documents relating to a client matter in our possession will be returned to the client or forwarded to client’s new counsel (at client’s expense) or destroyed, whichever is preferred by the client, provided client’s account has been brought up to date.  

 

We also reserve the right to turn away any client with whom we do not feel we will be compatible with our practice.  We will not represent any client who asks us to perform services which are outside the scope of our expertise or comfort level.  We will not represent a client who appears to be perpetrating a fraud or some other scheme.  We will not represent those attempting to obtain “submarine” Patent protection.   We will not represent any client who appears to be unreasonable, incoherent, or not of sound mind or faculties.  We do not take overflow work.

 

 

7.   Document Retention and Destruction Policy:  Maintaining files for 5, 10, or 20 years for a cumulative client list is a daunting task, and requires an inordinate amount of storage.  In addition, responding to document requests and other Discovery requirements in litigation consumes an inordinate amount of our time – which cannot be billed to a client.  For these and other reasons, we do not agree to maintain client files indefinitely.

 

Copies of all documents from the Patent & Trademark Office and/or the Library of Congress are sent to the client.  Thus, the client should be in possession of all the elements of the client file we maintain.  Moreover, these documents are also kept on file by the Patent & Trademark Office and/or the Library of Congress (whichever is applicable) and thus our file is redundant in that regard.

 

We do not maintain copies of draft applications, draft responses, and the like and do not suggest the client do likewise.  See my article on File Wrapper Hygiene.  When an Application issues as a Patent, for example, we usually strip the file down to its bare essentials – the PTO prosecution file and a limited amount of our correspondence.  Copies of Prior Art references and the like are usually discarded, along with any notes, drafts, or the like.  By reducing file size, our file storage requirements are reduced.

 

Upon request, we will return a file to a client, once the Patent has issued, at the client’s expense.  Otherwise, we will either “strip” the file and place it in long term storage, or destroy the file completely.  In most, but not all, instances, we keep the file for 3.5 years.  If the client contacts us to pay the maintenance fee, we usually keep the file until the next maintenance fee is due.  In other instances, the file may be destroyed, particularly if more room is needed in our storage facility.  However, we do not agree to keep any file for any minimum length of time and moreover we reserve the right to destroy any file we feel is no longer of use.  Our default mode of operation is to destroy all non-active files whenever possible and practical.

 

We do not maintain files for matters where an attorney-client relationship has not been established.  At one point in time, we kept separate files for each potential client.  However, this proved to be completely unworkable, as we get calls and inquiries from hundreds of potential clients over the years.  Any notes, materials, letters, or the like from  such potential clients are destroyed once it becomes clear that the potential client will not become a client of the firm.

 

Please do not ask us to “save” your materials while you consider pursuing the matter over an extended period of time (months or years).  We do not have the storage space for such files.  We cannot assume the liability for such non-client matters.  Moreover, delay in Patent (and other) matters is often fatal and we do not want to encourage such delays.

 

 

8.  Invoicing and Payment:  We try to keep our fees very reasonable and provide written price quotations for all matters.  As such, while we try to track the number of hours spent on each matter, we do not spend the inordinate amount of money and time needed to “track” billable hours.  Spending an hour of attorney time to track 8 hours of attorney time is not efficient (or enjoyable) use of attorney resources.

 

We agree to invoice each client no more than the amount quoted on our written price quotations.  If a matter takes less time and/or  effort than initially planned, we will invoice for a lesser amount, if appropriate.  Note that fixed cost items (PTO fees, postage, photocopying, etc.) are billed at actual amounts, regardless of the price quote.  Also, please read the price quote carefully.  There is an additional charge of $150 for filing of miscellaneous papers and the like – which is spelled out in the price quote.

 

Our fees are far below industry norm.  Most attorneys charge $10,000 to $15,000 to prepare and file a Patent Application (not counting prosecution and issue expenses).  Our fees are far below this.  We can only keep our fees low if we keep our overhead low.  Thus, we do ask that you pay all invoices promptly.  We also request a 50% advance on fees and services for new clients.  For amounts less than $1000, we may require a 100% advance.  We accept Personal Checks and Credit Cards (Mastercard and Visa) as well as PayPal.

 

We do appreciate that even at our reduced fees that Patent expenses can be considerable.  We will continue to represent a client so long as at least a token payment is received, and the client keeps in touch with us.  For example, if a client owes us $1000 in fees, but sends $100 to $200 a month, and keeps us informed as to his intent to pay the amount due, we will continue to represent that client.

 

We provide our written price quotation up-front so you will know how much the process will cost.  There is no excuse for a client not to pay – the expenses have been detailed well in advance.  If you cannot afford the overall costs of the Patent process, do not begin!

 

If a client does not pay an amount owed, we will take steps to terminate representation, without warning or notice.  Sending Statements, making reminder phone calls, and the like takes up an inordinate amount of attorney time.  One “deadbeat” client takes up the labor of five good paying clients.  In addition, maintaining a client who does not pay is worse that having no work to do at all.  I’d rather be golfing that doing work for a non-paying client.  Golf is less expensive and more enjoyable.

 

It takes 3-6 months for the Patent & Trademark Office (PTO) to process a Request to Withdraw as Attorney of Record.  In addition, the PTO may not process such a request at all if a response is imminently due in a matter.  Thus, we are often “over a barrel” if a client refuses to pay after several months and a response to an Office Action is due.

 

Thus, if a client refuses to pay, we will terminate representation immediately, without notice or explanation, and without recourse.  Once we have filed papers to withdraw as Attorney of Record, we terminate our representation of the client.  Subsequent late payments and apologies just don’t cut it.  Such clients have already wasted an inordinate amount of our time – at the expense of our other, loyal paying clients.

 

So, just pay your bills on time, and we’ll all get along just fine.

 

 

9.  Work Processing:  Please contact us well in advance of any due dates or Patent needs.  You are best served in the Patent process by starting the process early.  Waiting until the last minute is not cost-effective and moreover can end up voiding your Patent rights.

 

We represent a broad range of clients and as a small firm, we do not have an army of attorneys to handle work as it comes in.  For this reason, please do not ask us to perform work out of turn, do “rush” jobs, or other special services.  I try to provide clients with a realistic time-frame as to when work can be done, based upon current workload and backlogs.

 

In the past, I have been asked to take “rush” jobs, pushing aside work for existing clients, only to discover that the client was not in a “rush” at all.  If you need something done in a hurry, please find another attorney.  As noted in our firm philosophy page, the entire goal of my practice is to perform “quality, contemplative work”.

 

I also note that in most cases, clients requesting “rush” job work also want steep discounts and/or have no intention of paying.

 

With regard to amendments and other responses, these have to be handled in turn.  Although it may be possible to respond to an Office Action in your application today, I cannot put aside more pressing work if the actual due date is not for two or three months.  I cannot allow clients to manage my docket for me by making special requests to take work out of turn.

 

 

10.  Parachute Cases:  If you are a pro se applicant or filed your application through another law firm, please DO NOT ask us to take over prosecution of your case when you get into trouble.  We do NOT “parachute” into an existing case that has already been filed by an inventor or another Attorney, except for existing clients.

 

Historically, I have taken on a number of such “parachute” cases and have had bad experiences with almost all of them.  To begin with, such clients are my worst payers and often never pay their invoices.  Not getting paid is worse than no work at all, as I can certainly goof -off for free, whereas non-paying clients make me pay for the privilege of working.  Oftentimes these clients are leaving their existing Attorney not because of quality or other legitimate issues, but rather because they did not pay that Attorney.

 

In this business, there is an old saying, “if a client comes to you unhappy with their present Attorney, chances are they will be unhappy with you as well.”  I have found this old adage to be quite true.  Most clients coming to me with horror stories about poor representation are, in fact, concealing non-payment of their previous Attorney as being the real reason they need new representation.

 

Many pro se inventors have botched up their applications so badly that there is little I can do to fix them properly.  If I cannot “rescue” the application, I take the blame.  If I do fix the case, I get none of the credit.  It is a lose/lose situation for me.

 

You would not ask a skilled carpenter to come into your home to finish your half-completed and improperly done home improvement projects.  Why would you, in effect, ask your Attorney to do the same?

 

If you are planning on filing an application pro se and then retaining an attorney once you “need” one, think again.  If something is worth Patenting, it is worth Patenting properly.  Hire a skilled Attorney or Agent from the get-go.

 

 

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These policies may sound harsh at first.  However, they are designed to give my clients the best possible service at the lowest possible prices.  I cannot provide top-notch service at the best price, if I am reduced to the level of a clerk – sending reminder letters and badgering clients for payment.  An hour spent with such mundane matters is as expensive as an hour spend writing claims.  Most clients need an attorney for their legal expertise, not as a hand-holding nanny.

 

Similarly, I cannot provide the best service at the lowest prices if clients are argumentative, disruptive, slow to pay, have unrealistic expectations, or cause other problems.  By eliminating the 10% “problem” clients who take up 90% of the work effort, I can provide better and less expensive service to the remainder of my clients.

 

Most “full-service” law firms have a small army of clerks and paralegals (and an accounting department) who will send you reminder letters, dun you for amounts owed, and maintain detailed files in vast storage vaults.  If this is what you want from a lawyer, and you are willing to pay the inordinate amount of money for such “services” then you should retain such a firm.  If, however, you want only legal services – and are willing to be an active participant in the process – then my firm structure may work to your advantage.

 

 

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