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What are the typical reasons that IP Litigators are conflicted out of taking a case? I am a legal recruiter and am hearing more attorneys saying they are considering a move from their current AM100 firm because they get conflicted out of too many cases. I am wondering if they would reduce their likelihood of conflicts by going with a Litigation only firm vs a General Practice firm? By going with a firm with fewer clients in the same industry as the attorney's clients? Or, is the best way to reduce the chances of conflicts by simply going with a smaller firm? Or, is there another variable that is more improtant that I am missing?

Submitted: 164 days and 4 hours ago.
Category: Intellectual Property Law
Value: $15
Status: AWAITING EXPERT REPLY
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Answer

THE PROBLEM WITH THE TOP IP FIRMS IS THAT THE MAJOR COMPANIES USE THESE FIRMS FOR ALL THEIR IP MATTERS AND CORPORATE WORK THE ATTORNEY MAY BE INVOLVED IN ONE OR THE OTHER, THE BEST IS GETTING ATTORNEYS FROM SMALLER BOUTIQUE FIRMS, AS CONFLICT ARE GOING TO BE RARE, OR ATTORNEYS FROM GENERAL PRACTICE FIRMS

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Expert: Kumar Paturi Esq
Pos. Feedback: 100.0 %
Accepts: 
Answered: 6/11/2009

Lawyer

10 years intellectual property exp

163 days and 13 hours ago.

Reply

Thanks Kumar. But, I am not looking to hire an attorney. Rather, I encounter attorneys who are considering moving their practice because they get conflicted out of too many IP Lit cases. They want to keep their large clients and take them to another firm. Some large clients may not follow them to a boutique that is too small. I am trying to determine the variable(s) that most contributes to them being conflicted out of cases so I can avoid those kinds of firms. Are they more likely to run into conflicts with a General Practice Firm than with a IP or Litigation only firm? Put differently: If you were a IP Litigation rainmaker at a AM100 firm and were looking to move your practice and take your clients to a firm where you would not be conflicted out of as many cases ... what kind of firms would you consider?

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