Seattle Intellectual Property
American Inn of Court
Group 1 | October 24, 2013
Copyright © 2013 All Rights Reserved by Authors
Practical Experience in
Law School
Academic Classes
 Overall, not very practical.
 Bar courses:
• learn the rules,
• read cases,
• do hypos, and
• huge emphasis on studying for the final as opposed to real-world practice.
Academic Classes
 Some classes (typically smaller, such as Interviewing and Counseling,
Negotiations, Appellate Advocacy etc.) can be much more grounded in
learning practical abilities.
Moot Court/Mock Trial
 Good practical experience
 Brief writing and crafting an argument.
• Drawback: Not getting feedback until the competition itself
• Public speaking and conversing with mock judges is valuable.
 Also, looks good on a resume.
Externships/Clinics
 Great practical experience
• Real-world clients – closest to a real-world experience
• Deadlines are more important
• Often higher approval among students because work is more satisfying.
• Teaches how to communicate with clients and a supervisor (the professor).
 Students have oversight in the form of the professor, who can expect
results, offer feedback, and act as both teacher and supervisor.
Topic 1: Project Management Skills
7
Project Management: Why Important?
 RESPECT
• For CLIENTS
• For STAFF
 HABITS
• Good habits managing small projects = better management of large
projects (e.g., trial)
 SELLING YOURSELF
• PARTNERS
• CLIENTS
8
Project Management: Examples
 CLIENT CALLS
• Early Bird (Handout, ln. 11)
• Keep it Moving (ln. 28)
 GIVING PROJECT
• Plan Ahead (ln. 101)
 RECEIVING PROJECT
• Delays Expected (ln. 120)
9
Topic 2: Key Communication Skills
10
General Guidelines
 Be concise
 Prioritize information: lead with important take-aways, save detail for
subsequent paragraphs
 Be clear
• Make main requests/tasks, deadlines, and conclusions easily identifiable
 Be honest
• Tell recipient what they need to hear – not necessarily what they want to hear
 Be timely
• Confirm receipt of a communication, even absent a substantive response
• Be mindful of relevant deadlines
11
Associate
Partner
 Exhibit attention to detail
• Understand overall objective, identify key facts and legal issues
• Be candid about impact on bottom line
 Ask questions
• Misunderstandings waste time and effort
 Get in touch quickly if expectations change
• Deadline issues, unexpected results
 Attitude matters
• Be someone that looks for solutions
• Ask for (and graciously receive) feedback
12
Partner
Associate
 Provide context
• Don’t assume familiarity with issues; more detail is better
• Quickly pass information received from client on to team
 Be respectful
• Recognize value that can be added from junior attorney’s input
• Be aware of competing commitments
 Examine tone
• Would the conversation change if you were dealing with a partner/client?
 Provide feedback
• Identify areas of strong performance and discrete points for improvement
13
Outside Counsel
Client
 Start with a solid foundation
• Understand your client’s business and goals, both macro and micro
 Do more listening than talking
• Avoid talking over your client; make sure their recommendations / objectives
are fully heard
 Avoid assumptions and high-level analyses
• If you are providing too much detail, they will tell you
 Provide definitive recommendations with clear supportive reasoning
• Be truthful, even (and especially) when the advice may be unpleasant
 Communicate regularly
• In-person meetings are valuable
14
Client
Outside Counsel
 Set clear expectations
• Case management, team makeup
• Format/content of deliverables
 Keep your outside counsel informed
• Be clear about overall goals
• Identify internal/external developments that affect matters
 Be an active participant
• Be available for questions and to make connections
 Make decisions transparent
• Provide insight into reasons a call is made
15
Business Development (Internal/External)
TOPIC NO. 3
Business Development (Internal/External)
 INTERNAL MARKETING
 Actively market your skill set to your colleagues.
 For inhouse counsel, reach out to various parts of the business to
introduce yourself and team, and explain the concept and
importance of IP.
 Do not wait for work to appear on your desk.
 Ask for deadlines and budget up front.
 Provide the same level of “client” service to your internal
colleagues that you would for an outside client.
 Be a team player.
Business Development (Internal/External)
 EXTERNAL MARKETING
 Watch out for and protect your client’s interests .
 Evaluate what works for you and what does not in finding and
maintaining clients.
 Face time is critical, but understand the interests of your client.
 Do not “nickel-and-dime” clients.
 Devote time to professional development and training
 Under promise, over perform.
 Your best source of work is through cultivating professional
contacts and providing excellent, timely and valuable services.
Business Development (Internal/External)
 ETHICAL MARKETING
 Be honest and forthright.
 Do not claim to be something you are not.
 Never promise a particular outcome.
 Avoid conflicts, both subject matter and personal.
 Avoid questionable marketing practices and business
relationships.
 Maintain high ethical standards in your legal practice.
Business Development (Internal/External)
David A. Lowe
Direct Dial: 206.381.3303
[email protected]
“If you are going to achieve excellence in big things,
you develop the habit in little matters.”
– Colin Powell
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 21 
I. DO NOT ASSUME that you are careful enough.
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 22 
II. PREPARE: Make meticulous TO-DO LISTS.
Annals of Medicine: The Checklist, The New Yorker (Dec. 10, 2007)
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 23 
III. Start projects immediately (even if only minimally).
Do not procrastinate.
“The secret of getting ahead is getting started.
The secret of getting started is breaking your complex,
overwhelming tasks into small manageable
tasks, and then starting on the first one.”
– Mark Twain
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 24 
IV. Use A Multi-Pass System When Analyzing
Projects and Creating Written Work Product.
1. Roadmap
2. Substance
3. Organization
4. Mechanics
5. Optics
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 25 
V. LEAVE YOURSELF A TRAIL OF PEBBLES.
 Create a comprehensive record
of everything you did.
 Communicate with yourself.
 No excuse for losing things
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 26 
VI. KEEP AN IDEA REPOSITORY (an Island of Misfit Ideas).
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 27 
VII. Pause to debrief mentally.
Learn from your mistakes.
“Success does not consist in never making mistakes,
but in never making the same one a second time.”
– George Bernard Shaw
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 28 
Brian C. Park
Partner (Technology and IP)
Stoel Rives LLP
Seattle, WA
(206) 386-7542
[email protected]
Seattle Intellectual Property American Inn of Court | Group 1 | October 24, 2013
Applied Law Practice
Page 29 
Topic No. 5:
WAYS TO GET
FIRED
Ramsey M. Al-Salam
Seattle Inns of the Court
October 24, 2013
28065797
30
1. Promise what you can’t
deliver.
o Be realistic about the merits and risks.
o Be realistic about budgets.
o Be realistic about schedules.
31
2. Be full of surprises.
o Control expectations and identify upcoming
events that might impact risks and costs.
32
3.
Don’t listen.
o Understand your client’s/supervisor’s goals,
policies and expectations.
o Understand their policies on billing,
communications, etc.
o Be clear on receivables and due dates.
33
4. Don’t communicate well.
o Regularly report status and upcoming events.
o Promptly communicate new developments,
especially where they might impact risk or
budget.
o Ensure that your client/supervisor
understands your strategy and agrees with it.
34
5. Embarrass your client.
o Remember that you are a representative of
your client, so act professionally.
35
6. Be completely passive.
o Anticipate potential problems and, if possible,
address them in advance (e.g., determine how
to streamline or minimize discovery).
36
7. Blame others for problems.
o Take responsibility for actions of subordinates
o Don’t always act like the judge is unreasonable
37
8. Do shoddy work.
o Proofread well. Clients might not know every
nuance of the law, but they know sloppy
proofreading.
o Have an answer if asked why you are doing
something (e.g., as opposed to perfunctorily
performing tasks, such as serving overly broad
discovery requests).
38
9. Be unprepared for meetings
or calls.
o Treat your client’s or supervisor’s time as
valuable.
39
10. Do things at the last
second.
o Distribute briefs or papers well before they are
due.
40
11. Be unpleasant to work
with.
o Don’t act too busy to talk.
o Return calls and emails promptly.
o Don’t whine and complain – no one wants to
work with someone who seems unhappy.
41
12. Generate sloppy bills.
o
Ensure the time spent on a task is justified by
the description (not “0.6 Review and forward
stipulation to extend time to respond to complaint”).
o
Don’t bill for inappropriate tasks (e.g., “Conference
with assistant about finding lost files”).
o
Ensure entries for the same joint task correspond
(e.g., the same amount of time for a call).
o
Provide sufficient description for large blocks of time
(not, e.g., “10.5 Review prior art”).
42
13. Don’t manage your
team well.
?
o Ensure there is no duplication of effort or too
many people on conference or calls.
o Ensure that there is a good reason for having
each member of the team.
43
14. Don’t care about helping
the client.
o Focus on your job – helping your client or
supervisor resolve his or her problem.
44
45
Topic No. 6:
Protecting The Organization
Risk Management And Proper Handling
Of Ethics Issues
IP Inn of Court
October 2013
Group 1
Doug Stewart
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
Risk Management—Goals
• Avoid liability for malpractice
• Legal
• Avoid liability in the workplace
• Operational
• Avoid organizational harm
• Corporate
• Avoid monetary losses
• Financial
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
47
Risk Management—Legal
• Ensure engagement letter appropriately describes scope of
representation
• Establish policies and procedures for binding the organization
• Appropriate delegation of authority
• Ensure core competencies for work product
• Understanding what you know and what you don’t know
• Training for newer lawyers on both substantive issues and
client management
• Obtain and maintain professional liability insurance
• Comply with policy requirements
• Understand claims process and notification requirements
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
48
Risk Management—Operational
• Establish policies and procedures for workplace
• Avoidance of employment-based claims
• Compliance with state and federal laws
• Attention to professional/practice issues
• Licensure
• Trust accounts
• Implement policies for dealing with audit letter inquiries
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
49
Risk Management—Corporate
• Implement policies to ensure information security
• Maintaining confidentiality of client information/data
• E-mail and records management
• Ensure proper training of lawyers and staff
• Recruiting
• Education
• Avoid reputational damage
• Regulatory compliance to avoid violations of Federal or State
laws (i.e., insider trading, FCPA)
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
50
Risk Management—Financial
• Accounting practices
• Avoid uncollectable A/R
• Verify ability to pay upon intake
• Retainers as appropriate
• Policies and practice to collect A/R
• Ensuring profitability and credit worthiness
• Contingent fee analysis and management
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
51
Ethical Issues
• Conflicts (client/subject matter/business)
• Recognize when a conflict can arise
• Consult ABA/WSBA advisory opinions if in question
• Obtain informed written consent
• Prospective conflict waivers as appropriate
• Screening as needed and permissible
• Special attention to financial matters
• Trust accounts, client funds
• Use of technology involving client confidences (e.g., data
hosting)
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
52
Ethics Issues
• Other ethical considerations
• Appropriate supervision of lawyers and staff
• Marketing—compliance with guidelines and bar rules
• Social media usage
• Who to call?
• Internal firm ethics resource, if available
• If not, WSBA Ethics Line: 206.727.8284
• http://www.wsba.org/Resources-and-Services/Ethics
www.bgllp.com | Houston
Austin
Dallas
Connecticut
New York
San Antonio
Washington, D.C.
Seattle
Dubai London
53