Professional Conduct and Client Care
Duties to the client
A trade mark attorney owes duties of competence, diligence, confidentiality, and loyalty. Candidates must understand the duty to act in the client's best interests while maintaining the integrity of the profession. Traps include assuming that the attorney may act for both sides in a dispute, or that confidential information from a former client may be used against them.
Conflicts of interest
A conflict arises when the attorney's interests, or the interests of another client, may impair the representation. The general rule is to avoid conflicts, and where one arises, to obtain informed consent or decline the engagement. Traps include treating a potential conflict as harmless because the matters are unrelated, or failing to recognise that a former client's confidential information creates a continuing duty.
Client care and costs
Good client care includes clear engagement terms, transparent fee arrangements, timely communication, and proper handling of client money. Candidates must know the rules on retainer agreements, billing, and the duty to keep clients informed of progress and costs. Traps include assuming that a fee estimate is a fixed quote, or that the attorney may act without written instructions where the matter is urgent.
Worked example
A client asks the attorney to file an opposition against a mark owned by a company that the attorney's firm represents in an unrelated matter. The attorney should decline or seek informed consent from both parties, because the duty of loyalty extends to all clients. Rule of thumb: when in doubt, disclose and obtain written consent.