Choosing an intellectual property firm

 Bernadette Starzee, The Daily Record Newswire

As patents, trademarks, copyrights and trade secrets can be valuable assets, you must make sure they are expertly handled in order to protect what belongs to you. Further, as other companies, inventors and authors will jealously guard their intellectual property, you must take care to avoid infringing on what belongs to others, or risk costly litigation.

A full-service intellectual property law firm can assist you with a wide range of matters, from filing for a patent to drafting a licensing agreement to representing you in court should your matter progress to litigation. Some law firms may offer services in specific areas of intellectual property, but not others. For instance, some firms do not handle litigation, while only those firms with patent attorneys on their team are able to handle patent matters.

The best way to find a good intellectual property law firm is through a personal referral, whether from a general practice attorney, accountant or friendly competitor that has worked with an intellectual property lawyer on matters similar to yours. Local bar associations can also refer you to an intellectual property attorney.

Once you have received a few recommendations, visit the law firms’ websites to get a better idea of their expertise in intellectual property matters. Law firms typically detail their practice areas and services and feature the bios of their partners and other attorneys on their websites. Scan the bios to determine the depth of experience the firms’ attorneys have in the intellectual property categories in which you seek services.

Further, attorneys that write or are quoted in articles on relevant intellectual property topics or who give instruction at bar association seminars or conferences are more likely to be experts in this dynamic field, in which the laws are constantly changing.

Beyond the particular intellectual property discipline, you will want to choose an attorney with expertise in your industry. Many patent attorneys, for instance, specialize in certain technical and/or scientific areas, such as chemistry, biotechnology or computer science.

Similarly, intellectual property attorneys with a solid understanding of the entertainment field will be better equipped to advise a company on protecting and marketing their entertainment product.

The best attorney-client relationships feature open two-way communication. In your initial conversation, does the attorney speak in legal jargon, or is he or she able to communicate complicated information in layman’s terms? Does he or she ask a lot of meaningful questions, indicating an interest in gaining a keen understanding of your business and legal matter? If the attorney makes you feel uncomfortable or does not inspire confidence in his or her integrity or ability to expertly represent you, trust your instincts and look elsewhere.

Find out if the attorney you are meeting with would handle your matter personally, or whether it would be assigned to an associate or other staff member. If the latter, ask to meet the other professionals who will be working on your business, to make sure you find them professional and competent.

A good attorney will educate you on the process in addition to advising you on how you can do some of the legwork – such as initial trademark searches – yourself, to cut down on legal fees.

Speaking of fees, be sure to inquire about the compensation rates of the attorneys you interview.