In response to IPethics and INsights post: http://ipethicslaw.com/massachusetts-high-court-to-take-on-subject-matter-conflicts-in-patent-prosecution/#more-8061
Different lawyers in two different offices of one law firm are representing two different inventors in applying for patents. One of the inventors, call her Imaginative, sues her lawyer for malpractice. Here is the odd thing, Imaginative got all she wanted, she got her patent. In her case she does not allege that she is damaged, she does not allege that she should or could have gotten more; in affect she only alleges that law firm shouldn’t do that under the Rules of Professional Conduct (in Massachusetts).
Imaginative’s new lawyers filed this case in Federal Court where it is thrown out because it does not involve a Federal issue. On to state court it is thrown out because there was no claim of any harm. Whether or not this is a conflict of interest can be debated. What is clear is that Imaginative is just that both in inventing things and in claims against her lawyer. What is also clear is that there is no point to a malpractice claim where the client is not damaged, but a great place to report a lawyer who violates the Rules of Professional Conduct. But it is not finally decided yet – the highest court in Massachusetts will hear the case and decide what happens next. WE CAN HELP you understand if you have a good claim against a lawyer. Call us WE CAN HELP.
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