Find An Attorney » Attorney

Attorney says McCollum gave WellCare a break in fraud case

Rich — Tue, 05 Oct 2010 16:24:40 +0000

Michigan Attorney General Says No State Laws Broken In Death Of Metro Detroit Imam
Members of a Muslim advocacy group are questioning a report by Michigan’s Attorney General…which clears law enforcement officials from any wrongdoing in the shooting death of a Metro Detroit Imam. WDET’s Quinn Klinefelter has more… Last year federal agents shot Imam Luqman Abdullah 21 times…after he allegedly fired at a dog sent in to subdue him. After lengthy delays in releasing …

Inmate attorney wants case remanded to grand jury

Rich — Sun, 03 Oct 2010 23:16:40 +0000

Attorney general to talk to seniors about finances
Illinois Attorney General Lisa Madigan will speak Tuesday to Glen Ellyn seniors about help available to those struggling in the difficult economic times.

Candidate for R.I. attorney general would propose law governing high-speed police chases

Rich — Sat, 02 Oct 2010 06:17:56 +0000

Lead attorney, others intend to leave Rod Blagojevich’s defence team for upcoming retrial
CHICAGO – Former Illinois Gov. Rod Blagojevich’s lead attorney wants a judge to release him from the defence team ahead of Blagojevich’s retrial on corruption charges, another attorney in the case said Thursday.

Attorney encourages city to stick with lawsuit

Rich — Thu, 30 Sep 2010 13:16:42 +0000

With sudden opponent, Attorney General pledges ‘different Martha Coakley’ on trail
Still smarting from a momentous defeat in January’s U.S. Senate special election, Democratic Attorney General Martha Coakley is fighting on two fronts in her race for reelection: against Republican Jim McKenna, an unexpected write-in candidate who won enough votes to appear on the November ballot, and for the support of a public that soured on her, electing Republican Scott Brown to succeed Ted …

Attorney general candidates to debate Friday

Rich — Tue, 28 Sep 2010 20:14:35 +0000

Idaho US attorney: I fought for equality at age 9
Idaho U.S. Attorney Wendy Olson began her fight for equality at just 9.

Attorney: Indiana man grieving 2 kids’ closet deaths

Rich — Mon, 27 Sep 2010 03:10:20 +0000

Kansas Attorney General seeks to form child predator unit
Kansas Attorney General Steve Six intends to ask legislators next session to help him create a special division to investigate child predators.

Attorney: Former athlete accused of shooting, killing Daniel Covington is victim too

Rich — Sat, 25 Sep 2010 10:23:20 +0000

Attorney: Gang’s gun keeper not ‘a monster’
The mother of a 21-year-old DePaul University student sat in court Friday, watching a silent, grainy surveillance video that captured her son’s life coming to an end in a hail of bullets. And when the video was over, Joy McCormack rushed sobbing from the courtroom — on the first day of trial for the man accused of supplying the murder weapon, Berly “Billy” Valladares.

Attorney changed postnup, didn’t tell McCourts

Rich — Thu, 23 Sep 2010 17:13:36 +0000

Attorney of 3 children killed: They loved their father
HOUSTON—An attorney appointed to represent three children in a custody hearing said he saw no clues their father might want to harm them.

State attorney general’s office prosecuting kidnapping, sexual assault case against Farwell man

Rich — Wed, 22 Sep 2010 00:13:10 +0000

Conn. attorney general candidates set to debate
The Democratic and Republican nominees for Connecticut Attorney General are set to face off in their first one-on-one debate. Connecticut – Attorney general – Republican – United States – Law

Michigan attorney general sues Blue Cross, regulator over rates

Rich — Mon, 20 Sep 2010 07:16:07 +0000

Attorney General candidate Dan Donovan Campaigns in Utica
UTICA, N.Y. (WKTV) – The Republican candidate for New York Attorney General, Dan Donovan, stopped in Utica Thursday night hoping to win over Central New York voters.

Attorney General Buddy Caldwell sues Transocean over Gulf oil spill

Rich — Sat, 18 Sep 2010 14:14:25 +0000

Hospitals want Attorney General to set up rules for sale of Caritas to Cerebus
A group of three hospitals in eastern Massachusetts have appealed to the Massachusetts Attorney General’s office to impose conditions on the sale of the Caritas Christi Health Care system to Cerebus Capital Management. Included in the Caritas chain, which is currently owned by Archdiocese of Boston, are Norwood Hospital and St. Elizabeth’s Medical Center.

NC attorney general to speak to legislative panel

Rich — Thu, 16 Sep 2010 21:12:08 +0000

Attorney candidate’s hot checks resolved
The case of three hot checks written on a joint bank account of the Republican candidate for prosecuting attorney in the 20th Judicial District has been resolved, a special prosecutor said Tuesday.

Ace Attorney Investigations Sequel Announced

Rich — Mon, 13 Sep 2010 11:10:33 +0000

Baltimore state’s attorney fights for her job
Patricia Jessamy says the city needs her experience When the question came during the debate — and how could it not, given the Canton locale — Baltimore State’s Attorney Patricia C. Jessamy started her answer on the defensive.

Your Bankruptcy Attorney – Guiding You through the Process

Rich — Fri, 10 Sep 2010 01:11:57 +0000

If you are in deep financial trouble and are thinking about filing for bankruptcy, then you should hire a knowledgeable bankruptcy attorney that can guide you through the entire process.

Here is what your bankruptcy attorney will do once you have contacted them.

Your Attorney Will Ask For All the Relevant Papers

You will first need to go for mandatory credit counseling six months prior to filing for bankruptcy.

The proof of that counseling, along with other financial papers (such as a list of all your debts, expenses, income and assets), will have to be provided to your bankruptcy attorney before they can proceed.

They will study your documentation and then advise you on the best way out of your financial predicament.

Your Bankruptcy Attorney Will Then Decide On the Relevant Chapter

Based on your financial records, your bankruptcy attorney will come to a conclusion as to which chapter is more suitable for your situation.

If you have exhausted your sources of income, then you might be advised to file for bankruptcy under chapter 7. If you have a reduced source of income and would also like to save most of your assets, then your attorney might advise you to file under chapter 13.

If you own a business and you want to continue running it, then you could file for bankruptcy under chapter 11.

Your Attorney Can Help You with the ‘Means Test’

If you are filing for chapter 7 bankruptcy, then your bankruptcy attorney can help you calculate your gross and net income for the previous six months. That income will be compared to the average median income of a similar-sized family in your town.

If you do qualify to file under Chapter 7 bankruptcy, then your attorney will coordinate with a trustee appointed by the bankruptcy court in disposing your assets in order to pay off your creditors.

If your income exceeds “means test” guidelines for qualifying filing a Chapter 7, then your attorney will now have to shift their attention to filing for bankruptcy under chapter 13, which requires a new repayment schedule.

This schedule will help you clear your old debts over a period of 3 to 5 years.

Your Bankruptcy Attorney Can Draw Up a New Schedule for the Court

If you need to file for bankruptcy under chapter 13, then your attorney can draw up a new repayment schedule and get it approved by the court after arranging a meeting with your creditors.

Once the repayment plan is approved, then you will need to start your payments according to that schedule.

Your Attorney Can Help You Avoid the Pitfalls

Filing for bankruptcy can be a complicated affair – and you will probably be too worried to be thinking straight.

An efficient bankruptcy attorney can calm you down and point out the pitfalls and advantages of filing for bankruptcy under different chapters after analyzing your case.

Hiring an attorney can save you a lot of time and effort. They will do the legwork involved to close your case at the earliest possible time.

An experienced, knowledgeable bankruptcy attorney is a vital asset to have on your side when you are facing financial difficulties and thinking of filing for bankruptcy.

Bankruptcy lawyers in Fort Worth who specialize in consumer bankruptcy and offer bankruptcy services that help good people through one of the toughest times in their life. We have experienced bankruptcy attorneys who can help you work toward a better future. For more information please visit us at http://www.allmandandlee.com/

Post from: Find An Attorney

Your Bankruptcy Attorney – Guiding You through the Process

Seattle Attorney Releases 911 Calls From The Night Of Her Arrest

Rich — Wed, 08 Sep 2010 08:14:50 +0000

Live blog from the Baltimore City state’s attorney debate
Legal affairs writer Brendan Kearney will be providing live coverage of the debate between Baltimore City State’s Attorney Patricia C. Jessamy and her primary opponents, Gregg Bernstein and Sheryl Lansey, at the University of Baltimore School of Law, Tuesday night from 5:00 to 7:00. To read his posts, click here for our law blog, [...]

Dakota County Probate Attorney Can Help You in Settling Estate Matters

Rich — Sat, 04 Sep 2010 22:11:27 +0000

The Dakota county probate attorney is responsible for handling cases that involve the use of a legal process for settling an estate. In a probate, the Dakota county probate court will determine the heirship and accordingly, a representative will be appointed. The entire legal process of the probate is governed by the Minnesota Statutes and the Probate Court Rules.

The Dakota probate court has legal jurisdiction over different types of probate cases especially the ones that involve disposition of a property that belongs to a person who has died. The Dakota probate court uses the Uniform Probate Code, Minnesota Statutes 524 and 525 as well as the Rules of Civil Procedure.

A Dakota county probate attorney practices in different areas including trusts, wills, health care directives (living wills), tax planning, probate, disability planning, special needs trusts, sale of real estate, elder law, and seniors among others. The question is why would you require a probate attorney in the first place? Probates are mostly related to estates and probate attorneys can help you to make estate planning quite simple. A Dakota county probate attorney will help you to reduce your taxes as well as costs and to smooth out the process of passing the estate to your family and loved ones. Their job is to ensure that the transfer of all your assets is done in the correct manner.

One of the most difficult areas is finding the right probate attorney. This is one place where even the smallest mistake can cost you dearly. So you will need to search for a Dakota county probate attorney who has been regularly handling probate matters and other related legal issues. The attorney should be well informed with the legal system and even about real estate property law, which is useful in cases where the real estate holdings are fairly large. Some of the important aspects that you need to look out for while choosing a Dakota county probate attorney include:

1.    Check the biographical information of attorneys including their experience, clientele, and expertise in handling probate, estates, and trusts. Over and above that reputation is an important criterion and you need to check that too.
2.    Ask for client references or speak with the clients handled by the probate attorney previously in cases of estates and trusts.
3.    Always make it a point to contact the Dakota state bar association to find more information regarding a particular attorney or to find information regarding their reputation and experience.
4.    It is mandatory for a probate attorney in Dakota to have proper certification and this is another thing that you need to check.
5.    If you have zeroed down on certain attorneys then ask for the firm’s brochure as well as any other promotional materials. You should ideally crosscheck the authenticity of the content in the brochure against available references and other sources like the Dakota state bar association.
6.    Always make it a point to ask for a copy of the attorney’s retainer agreement. You need to ask your probate attorney to explain the agreement to you in detail and this has to be done before retaining the attorney or the firm.

Are you in need of a Dakota county probate attorney ? You can find a good Dakota county probate attorney to assist you in managing estate, handling issues related to trusts and estates.

Post from: Find An Attorney

Dakota County Probate Attorney Can Help You in Settling Estate Matters

MALDEF attorney withdraws as counsel on ordinance lawsuit

Rich — Fri, 03 Sep 2010 05:11:03 +0000

State’s attorney Barsanti appointed as judge
Kane County State’s Attorney John Barsanti will become a circuit court judge in the 16th Judicial Circuit by the year’s end.

Attorney general investigates South Boston politician Brian Wallace’s finances

Rich — Wed, 01 Sep 2010 12:10:27 +0000

Attorney-General fights to keep notorious pedophile behind bars
A notorious pedophile should be kept in jail because he will reoffend if released, a court has been told.

Attorney for Dale Neumann withdraws from prayer death case

Rich — Mon, 30 Aug 2010 19:21:45 +0000

In TV debate, R.I. attorney general hopefuls will root out corruption
PROVIDENCE — With voters heading to the polls in two weeks to choose the Democratic nominee for one of the state’s most important jobs — attorney general, the three men vying for that honor went on Sunday-morning TV to try to sell themselves and publicly call into question the alleged “pay-to-play” dollars their opponents have taken from health-insurance executives, city of Providence …

Medical Malpractice: What to look for in an Attorney

Rich — Sun, 29 Aug 2010 02:15:59 +0000

The concept of shopping for an attorney can seem foreign to many people, particularly those with little contact with the law. To many, the law seems an incomprehensible enigma filled with Latin jargon, a complex judicial system, and high stakes all around.

But, like all industries, the law, and in particular medical malpractice representation, is a commodity. And like all commodities there are a few high quality providers and a great many shabby ones. Unfortunately, finding a good medical malpractice attorney isn’t quite as a simple as finding a cheap price, rather, it’s a lot like finding a good car mechanic.

But at least with a car mechanic you can have some judge as to the quality of his work by whether your car runs at the end of the day. In medical malpractice litigation by contrast, you will never know if you got the best settlement or damages which you could have. So, the only recourse is to do your due diligence beforehand and do sufficient research to make sure that your attorney is decent.

Here are a few ground rules:

Experience matters

If your attorney is very young, then he is probably simply too young to be any good. Being a Plaintiff’s attorney (which is what you are asking him/her to be) is an extraordinarily difficult task which involves a lot of experience and know-how. While the defense typically has an army of young attorneys which are all capable in their aspect of the case, the Plaintiff’s typically have 2 or 3 attorneys which must run the whole case. So, if you meet an attorney who has been practicing for less than several years, do not hire him/her to head up your case.

Always well funded

A good Plaintiff’s attorney is always well funded. Most Plaintiff’s attorneys will offer to take your case on contingency (which means they get nothing if you don’t win). That also means, that your attorney needs to have enough money to fight a very long time for you. If the defendant recognizes that your Plaintiff’s attorney is short on cash, the Defendant will simply threaten to stretch out the case indefinitely, forcing your attorney to settle at a price much below what you could get otherwise. Verify this information by asking them what information they can provide you on the average length of the case, how much they expend, as well as intangibles like the appearance of the office.

Look for Summer Associates

A Summer Associate is a law student who works at a law firm during the summer. You may not know where the good firms are, but these students sure do. Summer associates are paid well, so this is a good indicator of a strong Plaintiff’s firm if they have a number of Summer Associates. Not every good Plaintiff’s attorney has these, however, so don’t scratch a firm off on this basis alone, just take it as one indicator.

Payment Arrangement

In any decent Medical Malpractice suit, the attorney will always ask to be paid on contingency. This means that the attorney will take a cut of your winnings. This percentage will vary on the size and type of case, but always remember that it is negotiable. If an attorney ever asks for you to put up money up front or pay hourly, then do not use him/her as your medical malpractice attorney. If you shop around and multiple attorney’s all tell you that they will only take your case on an hourly rate, you can rest assured that your case will be an uphill battle. It may be better just to drop it than fight it at all.

Jason Hanson recommends you contact the Law Firm of Richardson, Patrick, Westbrook, and Brickman if you need a medical malpractice attorney. Learn more at http://www.rpwb.com/medical_devices/ .

Post from: Find An Attorney

Medical Malpractice: What to look for in an Attorney

How To Qualify To Be An Attorney

Rich — Fri, 27 Aug 2010 09:13:48 +0000

The life of the attorneys as they are depicted in the movies or TV series or as depicted in the pages of crime thrillers is a far cry from the life attorneys actually lead in the real world. If you aspire to become an attorney one day, you must accept the fact that it is not all glamour and sensational like their TV counterparts, but instead is quite a tough and exhausting career. Often the work of the attorney takes preference over personal and family life, with no time or priority for anything else in between. Thus, becoming an attorney is definitely not child’s play. Right from getting into law school to studying for and passing the bar exam, the road to becoming an attorney is tough and paved with many obstacles. Here is a brief discussion of the major qualifications that a budding lawyer should have:

The Degrees Required To Become An Attorney

To become an attorney you must have a law degree and you will also have to test and qualify for the J.D. degree, which stands for the Juris Doctor. Others may know or refer to the degree of J.D. as LL.B. Both are similar degrees, just with two different names. This is the basic law degree, equivalent to the Bachelor’s degree, which allows a person to enter into the law profession. Without this basic degree you are not qualified to be an attorney.

Once you pass the first hurdle, the next step is to study and qualify for a Master’s degree, otherwise known as LL.M. Students often converge on hubs such as New York and California to obtain this degree and jumpstart their career as an attorney.

Higher Levels Needed To Establish Successful Career As Attorney

If you are hungry for a successful law career as an attorney, you would have to study further. You could start out in research of legal matters. At first it may seem a lot to cover, but after getting your attorney degree you are likely to be more aware and focused o your area of interest that you would like to explore further.

When you obtain the degree of Doctor of Juridical Science, otherwise know as S.J.D. or J.S.D., this signifies that you have reached the upper echelon amongst fellow attorneys. Of course, even without this degree you are still a qualified attorney and allowed to practice law, but having the Doctoral degree really elevates your stature amongst your peers. Once you get to this level after years of labor and dedication, your success as an attorney is almost a certainty.

Studying to be an Attorney? Visit ProfessionalAttorney.info for more information on becoming an Attorney.

Post from: Find An Attorney

How To Qualify To Be An Attorney

Prerequisites Needed To Become A Successful Tax Attorney

Rich — Wed, 25 Aug 2010 16:11:48 +0000

Looking for a new career and comfortable working with figures? Then you might consider becoming a tax attorney. It is well worth investigating what the training might involve – people faced with an impending battle with the IRS or confusion over the tax laws, highlight the fact that tax attorneys are in demand.

The rules and regulations that surround things like filing your tax returns and making appropriate documentation often need further clarification. Some people just don’t fully understand what they are doing and as a result could end up with stiff penalties for their ignorance. A tax attorney can help with these problems and make life easier for many people.

In order to be successful as a tax attorney then you need to learn the tax code and laws, inside out. Then, if a person needs assistance with Internal Revenue Service issues you will be able to help. A good tax attorney can help organize and analyze the information that is needed to appease the IRS – if you can do this then your services will be in demand. The complex forms that need filling in can be overwhelming for people without that specialist knowledge.

There are a number of things that could prove a problem with the IRS. If you can’t account for any mistakes you have made then you could be liable for heavy penalties. This could result in your hard earned dollars going to fines and additional penalties. If the IRS takes action against you over your past tax filings, you may need to employ a tax attorney if you want to avoid any prosecution for fraud.

Tax attorneys are called upon to help in a number of different areas. Someone may request help with their Payroll Taxes – or they may be called to speak on behalf of someone facing penalties from the IRS. Tax specialists represent those who have filed late returns for one or more years and can argue for a lenient payment plan for their clients. Tax attorneys choose whether they want to be paid by the hour or whether they will charge on the basis of a given assignment.

What An Attorney Should Be Acquainted With

A tax attorney should be familiar with state and federal codes and how these operate. It is also advisable to develop a working knowledge of various incomes, properties and other personal wealth as these are all liable to taxes. A tax lawyer should be an expert in the ways of state and federal laws. This means all the possible taxes that exist. This may include sales, gift, as well as inheritance taxes. It is also advisable for a tax attorney to be familiar with the laws regarding the estates of the recently deceased.

A regular tax-related attorney should be able to deal with all of this information. A tax fraud attorney on the other hand is employed by those who have made a few mistakes in their tax filings. Some attorneys develop a specialist area and their services therefore are specific to the needs of particular individuals and businesses. The attorney may also specialize in one of two main tax issues: the IRS or another taxing authority. Either way, a tax lawyer is often in demand for protecting parts of people’s incomes and solving complex business issues.

Prerequisites Needed

To become a tax attorney you need training which results in the qualification of Juris Doctor or equivalent degree. Once you have the right educational credentials, then you need to be licensed by a State Board of Law Examiners if you want to practice as an attorney or counselor. If you really are interested in becoming a tax specialist then you may consider applying to a good law school. They will have various entry qualifications that you may need to fulfill first. Do some research on the different institutions and their requirements first.

Summary:

If you want to become a tax attorney you need to find out what they do first. A tax attorney helps people to deal with their taxes in the proper manner. An individual or a business may need the help of a tax attorney for a variety of reasons – including mistakes in their returns or late tax returns. You need quite a high educational level to become a tax lawyer.

Brooke Hayles
Check Out More Helpful Information About Tax Attorney For FREE!
Visit Tax Attorney Online Now!

Post from: Find An Attorney

Prerequisites Needed To Become A Successful Tax Attorney

Pct Applicants Everywhere Should Continue to File Powers of Attorney From the Inventors

Rich — Mon, 23 Aug 2010 23:10:31 +0000

PCT Applicants Everywhere Should Continue to File Powers of Attorney from the Inventors,

Notwithstanding Changes to the PCT Regulations and

Corresponding Changes to U.S. Patent Regulations

I. Introduction

II. Relevant PCT Authority Including Recent Changes Thereto

III. Changes in U.S. Regulations in Connection with Changes in the PCT Regulations

IV. Relevant U.S. Statutory Authority Has Not Changes, and it Requires that Inventors Authorize Filing of a PCT Application

V. The Legal Effect of Filing a PCT Application Without Express Authorization from the Inventors at the Time of Filing

A. Will the USPTO enforce 35 USC 373?

B. Impact on U.S. Patents Issued on PCT Applications in Which the Inventor’s Authorization to File the Pct Application Is Not Apparent

VI. What Could or Should the USPTO Do to Address This Issue?

VII. What Can Practitioners do Now to Correct PCT Applications Filed Without Authorization from the Inventors?

VIII. Conclusion

I. Introduction

The regulations of the PCT were recently amended for the purpose of relieving the oppressive requirement to file a Power of Attorney from each inventor when filing a PCT application. However, U.S. national law was not amended to relieve the requirement that the inventors authorize the filing of a PCT application. Therefore, filing a PCT application without express authorization from the inventors, such as via powers of attorney, creates an unnecessary risk of loss of U.S. patent rights.

Recent amendment to the PCT regulations and corresponding amendments to U.S. regulations appear to have enabled practitioners to by-pass the inventor signature burden by obtaining a power of attorney only from the corporate applicant. At least, that is how it appears by following the relevant PCT articles, recent changes to the PCT rules, and the commentary on new 37 CFR 1.421. However, the actual language of 37 CFR 1.421 and 35 USC 373 do not support this conclusion.

I outline the relevant authority and changes thereto below, and then examine the consequences of PCT applications filed without express authority from the inventors. Finally, I suggest corrective actions the USPTO, U.S. Congress, and practitioners could take to alleviate this situation.

II. Relevant PCT Authority Including Recent Changes Thereto

PCT Article 14(1) states in pertinent part, my emphasis added:

Article 14 – Certain Defects in the International Application

(1)(a) The receiving Office shall check whether the international application contains any of the following defects, that is to say:

(i) it is not signed as provided in the Regulations;

(ii) it does not contain the prescribed indications concerning the applicant;

(iii) it does not contain a title;

(iv) it does not contain an abstract;

(v) it does not comply to the extent provided in the Regulations with the prescribed physical requirements.

Thus, PCT regulations promulgated under the authority fo PCT article 14(1)(a)(i) controls what signatures the ROs must require.

PCT Rule 26.2bis (amended and in force as of January 1, 2004) is the regulation to which PCT Article 14(1)(a)(i) relates. PCT Rule 26.2bis states in pertinent part, my emphasis added:

26.2bis Checking of Requirements Under Article 14(1)(a)(i) and (ii)

(a) For the purposes of Article 14(1)(a)(i), if there is more than one applicant, it shall be sufficient that the request be signed by one of them.

(b) For the purposes of Article 14(1)(a)(ii), if there is more than one applicant, it shall be sufficient that the indications required under Rule 4.5(a)(ii) and (iii) be provided in respect of one of them who is entitled according to Rule 19.1 to file the international application with the receiving Office.

Thus, PCT Rule 26.2bis allows a RO to accept a PCT application signed by only the corporate applicant.

III. Changes in U.S. Regulations in Connection with Changes in the PCT Regulations

However, treaties including the PCT are not self implementing under U.S. law. U.S. statutes and regulations must be passed to implement treaties to which the U.S. accedes. In response to the changes to PCT Rule 26.2bis, the USPTO published rule changes at 68 FR 59881 (published October 20, 2003; effective 1/1/2004), but the USPTO did not (and could not) change relevant U.S. statutes. U.S. statutes are based upon Bills signed into law by the President, and they control over U.S. regulations. In particular, 68 FR 598883 left hand column states in pertinent part, my emphasis added:

Section 1.421: Section 1.421(b) is amended to remove reference to § 1.425 (§ 1.425 is removed). Under PCT Rule 26.2bis(a) (as amended), the international application will be considered to satisfy the signature requirement for purposes of PCT Article 14(1)(a)(i) if the request is signed by at least one applicant (except that all of the applicants’ signatures will still be required for withdrawals, see discussion of § 1.421(g)). Accordingly, the current requirement in § 1.425 that the failure of an inventor to sign the request in an international application designating the United States will only be excused where the inventor could not be found or reached after diligent effort or refused to sign the request will no longer be applicable. Section 1.421(b) is also amended to include the requirement of § 1.424 that joint inventors must jointly apply for an international application. Section 1.424 is removed (see discussion of § 1.424). Section 1.421(c) is amended as a consequence of the change to PCT Rule 4.9, as the United States will always be designated upon filing of an international application. Section 1.421(d) is amended to reflect the change to PCT Rule 90.4(d) permitting the RO to waive the requirement for a separate power of attorney.

The foregoing language in the comments on rule changes suggests that signatures of the inventors are no longer required in order to file a PCT application and have the PCT application be effective for obtaining a patent in the U.S. In fact, the actual amendments to the U.S. patent rules do not support that suggestion. In fact, 37 CFR 1.421, as amended, states in pertinent part, my emphasis added, that:

1.421 Applicant for international application.

* * * * * (b) Although the United States Receiving Office will accept international applications filed by any resident or national of the United States of America for international processing, for the purposes of the designation of the United States, an international application must be filed, and will be accepted by the Patent and Trademark Office for the national stage only if filed, by the inventor or as provided in §§ 1.422 or 1.423. Joint inventors must jointly apply for an international application.

(c) For the purposes of designations other than the United States, international applications may be filed by the assignee or owner.

(d) A registered attorney or agent of the applicant may sign the international application Request and file the international application for the applicant. A separate power of attorney from each applicant may be required.

The expression in rule 1.421 “the United States Receiving Office will accept international applications filed by any resident or national” means that the USPTO, acting as a PCT RO will accept a PCT application filed by an attorney having power from any one applicant, such as and in particular a corporate applicant.

However, rule 1.421(b) goes on to state that “for the purposes of the designation of the United States, an international application must be filed, and will be accepted by the Patent and Trademark Office for the national stage only if filed, by the inventor.” The negative implication is that a PCT application that is not “filed by the inventor” will not be “be accepted by the Patent and Trademark Office for the national stage.” If the PCT application is not accepted by the USPTO for the national stage, then the applicants have lost rights to a U.S. patent.

I discussed my concerns with USPTO officials regarding the inconsistency of the changes in the PCT Rule 26.2bis and U.S. rule 1.421(b). They indicated that the reason for the tortured language in 37 CFR 1.421 is because that language mirrors the statutory requirements in 35 USC 373, which I discuss below. 37 CFR 1.421(b) is directed specifically to applications filed in the US/RO. However, the statutory language is not, I repeat, is not, limited to applications filed in the US/RO. The statutory language applies to all PCT applications wherever they are filed.

IV. Relevant U.S. Statutory Authority Has Not Changes, and it Requires that Inventors Authorize Filing of a PCT Application

35 USC 373 states reads as follows.

35 USC 373 Improper applicant.

An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not qualified under chapter 11 of this title to be an applicant for the purpose of filing a national application in the United States.

Legislative history relevant to this section appears on page 18 of the Senate Report entitled “Implementation of the Patent Cooperation Treaty” CIS-1975-S523-9 (Jun 19, 1975). That section states in pertinent part that:

373 Improper Applicant

This section provides that an international application designating the United States, shall not be accepted if it was filed by anyone who, according to chapter 11 of this title, is not entitled to be an applicant in the United States. The refusal can only be made when the application enters the national stage (Article 27(3) of the Treaty). Thus, the Receiving Office cannot refuse an international application on these grounds, since that application may contain designations of other countries in which such applicant is permitted to file. [Page 18 lines 18-37.]

Thus, 35 USC 373 specifically requires that a PCT application filed in the international stage can only enter the U.S. national stage if it was filed, in the international stage, by someone qualified under chapter 11 to file the application. Chapter 11 specifies that only someone authorized by the inventor can file their patent application. In particular, Chapter 11 includes sections 35 USC 111 to 35 USC 122. These sections of the statue includes numerous passages clarifying that the applicant means the inventor, and generally that the inventors must authorize that the application to be “made” on their behalf. The statute does not define “made.” However, “made” in this context clearly implies prepared and filed.

35 USC 115 defines “applicant” to be the inventor, stating “Oath of applicant. The applicant shall make oath that he believes him-self to be the original and first inventor of [the invention]…”

35 USC 111(a)(1) makes it clear that preparation and filing of a patent application must be authorized by the inventor/applicant, stating that “Written application. An application for patent shall be made, or authorized to be made, by the inventor….”

35 USC 117/118 handle the exceptional circumstances of an inventor being dead, incapacitated, or wrongfully refusing to sign, in which case, upon sufficient showing, another may sign on behalf of the inventor.

Thus, barring exceptional circumstances, a U.S. application filed under Chapter 11 must be “authorized to be made” (that is, authorized to be prepared and filed) by the inventors. Accordingly, 35 USC 373 requires therefore that entry into the U.S. national stage requires that the PCT application had been “authorized to be made” (that is, authorized to be prepared and filed) by the inventor. Moreover, the language of 35 USC 373 clearly refers to the time of filing of the international application, and therefore the time relevant for determining whether the application was authorized to be filed by the inventors was when the PCT application was filed.

A power of attorney is authorization for an attorney to make application on behalf of an inventor, by definition of the meaning of attorney. That is, a power of attorney is a power to “authorize.. [the attorney] to act in the place or stead of another.” Black’s Law dictionary, fifth edition, page 117. Thus, a power of attorney from an inventor authorizes a practitioner to file a PCT application on behalf of that inventor.

V. The Legal Effect of Filing a PCT Application Without Express Authorization from the Inventors at the Time of Filing

A. Will the USPTO enforce 35 USC 373?

35 USC 373 requires that an inventor authorize the filing of the PCT application. It does not require that the authorization be in writing or in the from of a power of attorney. However, it is clearly imprudent to not file proof of authorization from the inventor when filing a PCT application, as exemplified by the following hypothetical situations.

Assume a PCT application filed without express authorization of the inventors. If the USPTO decides to enforce 35 USC 373, it could require proof that the inventors had authorized the filing of the PCT application at the time it was filed. In that case, a PCT application filed anywhere in the world without proof of authorization by the inventors may initially be refused entry to the U.S. national stage. This would be a backtrack on the USPTO’s apparently lax position at this time, but within the realm of possibility.

A related issue is of course what constitutes an inventor’s authorization? Would an employment contract be sufficient authorization to file a PCT application? Would a general or particular assignment of inventions be sufficient authorization to file a PCT application? There is of course no legal certainty. However, U.S. law and regulations require proof of authorization in the form of an inventors declaration and a power of attorney, not a mere employment contract or even an assignment.

Assume the USPTO requires documentary proof of authorization. What level of documentary proof would the USPTO require? For example, would a mere ex post facto assertion of the inventor be sufficient? Would the USPTO require evidence of a contemporaneous (with the filing of the PCT application) authorization from the inventors?

B. Impact on U.S. Patents Issued on PCT Applications in Which the Inventor’s Authorization to File the PCT Application Is Not Apparent

Unless Congress acts to revise 35 USC 373, case law will eventually provide clarification on this issue. However, at a minium, filing a PCT application without also filing powers of attorney potentially weakens any resulting U.S. patent because it raises a potential ground for invalidity.

Consider for example an inventor/employee on the witness stand being questioned whether he or she actually authorized the filing of a particular PCT application. Then, consider the inquisitor probing into conventional filing practices of the inventor/employee’s company indicating that inventors were routinely not consulted on PCT filings.

Consider for example inventors that change employment between the filing of the PCT application and the filing of the U.S. national stage application. Will their change in allegiance affect their memory as to whether the authorized the filing of a PCT application? Will it affect the prosecuting attorney’s ability to get necessary proofs from them to overcome a question regarding authorization?

Consider for example inventors that die or become incompetent prior to entering or attempting to enter the U.S. national stage. Will the USPTO accept allegations from anyone other than the inventor that the inventor did in fact authorize the filing of the PCT application? If so, what proof will be required?

All of these hypothetical situations could be avoided by obtaining and filing powers from the inventors when filing their PCT application.

VI. What Could or Should the USPTO Do to Address This Issue?

I did discussed this issue with officials at the USPTO in early 2004. Based upon those discussions, it is clear that the USPTO did not intend to cause problems for PCT applicants, and that the USPTO was attempting to make PCT filings less burdensome. However, it was apparent from my discussions that the USPTO had not fully considered, from a practitioner’s perspective, the impact, or potential impact, of their regulatory changes in connection with 35 USC 373.

At this time, it would be beneficial for the USPTO to do what it can to alleviate any burden or potential loss of right caused by applicants filing PCT applications without powers of attorney from the inventors, since such filings have been in reliance in part on the USPTO’s apparent advise. I list some possibilities below.

First, the USPTO could push Congress or a suitable revision to 35 USC 373.

Second, the USPTO could notify the public that it will presume that PCT applications filed in the international stage were authorized by the inventors. (This is in effect what I believe to be the current USPTO policy, at least it was the apparent policy until I raised this issue with the USPTO.) However, for the reasons noted above, this presumption would arguably be inconsistent with Congressional intent and would fail to enforce 35 USC 373.

Third, the USPTO could notify the public that PCT applications filed in the international stage without powers of attorney from the inventors will simply not be accepted (and I guarantee that some practitioners have filed already such applications). That is, the USPTO could vigorously enforce 35 USC 373. This action seems incredibly harsh, but it would be consistent with both U.S. law and the USPTO’s function of enforcing U.S. patent laws relating to acquisition of patents.

Fourth, the USPTO could notify the public that it will, until a specified date, allow “backfilling” of PCT applications filed since January 1, 2004 with either powers or confirmatory authorizations from inventors, in view of the USPTO’s inadvertent inconsistent guidance on this issue. Since the changes to the PCT regulations only came into force January 1, 2004, this would allow all affected PCT applicants to obtain and filed the necessary authorizations. Of course, patents issuing from such “backfilled” applications would still be subject to a validity challenge for failure to comply with 35 USC 373 in subsequent litigation.

VII. What Can Practitioners do Now to Correct PCT Applications Filed Without Authorization from the Inventors?

If you have filed such a PCT application, at a minium, an obvious course of action is to obtain a confirmatory power of attorney and file that in the PCT application as soon as practical. It may be that you or corporate counsel have correspondence with the inventors, and that correspondence may indicate that the inventors knew of and impliedly authorized the filing of the PCT application. I would memorialize that evidence, and consider in each case what to file in the PCT application or the subsequent U.S. national stage proceeding to prove that the inventors did in fact authorize filing of the PCT application.

Alternatively, if the Paris year has not run, you could file a second PCT application and claim Paris priority to the first PCT application, and of course include powers from the inventors. Still further, if the Paris year has run, you could re-file the PCT application without claiming Paris priority and take your chances.

VIII. Conclusion

It should be clear that failing to obtain powers from the inventors when filing PCT applications anywhere in the world is currently inadvisable because it may negatively impact subsequent U.S. national stage proceedings. Accordingly, all practitioners everywhere should continue to require either powers or express authorizations from each inventor to file any PCT application.

If you have any other questions or need further information please feel free to contact us via email at http://www.neifeld.com.

Richard Neifeld,

President, Neifeld IP Law, PC

Richard Neifeld, Ph.D.

Patent Attorney

Email address: general @ neifeld.com

Education

J.D. The George Washington University Law School 1994 Ph.D. Rutgers University (Solid State Physics) 1985 B.S./B.A. University of Rochester (Physics and Mathematics)

(Cum Laude and Honors) 1980

Experience

Neifeld IP Law P.C. – 2002

Partner in the IP law firm of Oblon, Spivak, McClelland, Maier & Neustadt, PC. – 1996

Patent Attorney – 1994

Patent Agent – 1992

Patent Technical Consultant – 1990

Staff Scientist for the U.S. Army’s Laboratory Command – 1986

Post-doctoral Fellow, Rutgers University – 1985-1986

Former chair of the Interference Committee and current chair of the Services Subcommittee of the Interference Committee of the American Intellectual Property Lawyers Association (AIPLA). Member of the AIPLA, American Bar Association, Maryland Patent Lawyers Association, and the Patent Information Users Group. Extensive experience in “specialty matters” in the U.S. patent office, such as appeals, petitions, reexaminations, reissues, public protests, and extensive experience in foreign prosecution, and interferences and related litigation. Extensive experience in due diligence work, including investigations, database searching, and opinions.

Admitted to practice before the United States Patent and Trademark Office, the Virginia State Courts, the United States Court of Appeals for the Fourth Circuit, and the United States District Court for the District of Columbia.

Widely published in IP law publications, frequent lecturer to patent attorneys on patent law topics, and an active member of the patent bar associations. Founder and moderator for the popular “patentinterference” group on the groups.yahoo.com/group/patentinterference web site, which is a forum for general information on patent law and practice with a focus on patent interference issues.

Co-founder of the www.PatentValuePredictor.com automated patent valuation service, co-inventor of the underlying macro-economic model for valuing patents, and programmer of some of the code powering the automated valuations.

Five years of scientific research in applied physics areas of electro-optics, III-V materials, microwaves, vacuum deposition technology, superconductors, and electronics directed towards the U.S. Army’s electronics, communication, and signal processing needs.

Post from: Find An Attorney

Pct Applicants Everywhere Should Continue to File Powers of Attorney From the Inventors

Learn Why an Aviation Accident Attorney Becomes Important

Rich — Mon, 23 Aug 2010 20:47:02 +0000

Between the years 2001 – 2006, the US airline industry experienced the safest period in aviation history with only one major crash. However, since then crashes and fatalities have risen, making an aviation accident attorney mush more important. With an average of sixty-one thousand people in the air at any given moment over the United States, crashes and accidents are a given. Though they do not occur often (it has been a long understood fact that an airplane is the safest way to travel), when they do occur they can involve hundreds of individuals, several insurance companies, and dozens of regulatory agencies. Thus, a specialized attorney has come to the forefront to help the families of those injured or killed get restitution for their losses.

Aviation attorneys not only hold law degrees, but often have commercial piloting experience or advanced degrees in aeronautical engineering. They need this diverse experience to help sift through the vast amounts of data available when a commercial airliner crashes. Their ultimate goal is to figure out why the plane crashed. The causes for a plane crash can vary greatly. These causes can include pilot error, maintenance issues, the age of the plane, runway issues, weather conditions, improper weight distribution of people and cargo, or terrorist activities. Under some of these conditions there is no accessible liability. Crashes caused by weather conditions or terrorist activities are usually not considered to be under the control of anybody. However, all the other conditions require of some assessment of liability.

To assess this liability an aviation accident attorney must discover exactly why an airplane crashed. This can be a difficult process. Depending on the size of the aircraft and the manner of the accident one or several local, state, and national regulatory agencies may be involved. A successful lawyer must know how to work within these sometimes conflicting agencies. On top of governmental aspect, there are also powerful insurance agencies working on behalf of the airline company. These insurances companies, while not denying obvious fault, will try to construe the evidence of fault in the airline’s best interest. Thus, because of this, private individuals hire lawyers to fight in their best interest.

Aviation accidents, of course, are not limited to large commercial crashes. The number of people flying in personal or private jets continues to increase. With so many planes in the air, crashes and accidents are likely if not commonplace. These small scale accidents, while not nearly as complicated as the larger commercial accidents, still require specialized attorneys to assign legal blame. When dealing with accidents involving small private planes, insurance companies like to blame in the inexperience of the pilots. However, an aviation attorney can be to light such details as safety of the aircraft design, maintenance history, and the pilot’s aviation history. Thus, an increase in these specialized lawyers is increasing even in the private realm.

Incidences involving cargo planes also require legal guidance. These accidents offer different challenges than other incidences. These differences are mainly attributed to the amount of cargo on a plane. Accidents can be caused by pilot error, the age of the airplane, or the uneven distribution of weight associated with the cargo. It is the responsibility of the lawyer to decide which, if any, of these instances occurred. Therefore, for all the reasons listed above, an aviation accident attorney can become important should you need this type of specialized representation.

Post from: Find An Attorney

Learn Why an Aviation Accident Attorney Becomes Important

Defense attorney: Killer is a “casualty” of Hurricane Katrina disaster

Rich — Sun, 22 Aug 2010 06:13:12 +0000

State attorney general candidates visit Rochester
Attorney general candidates presented platforms on changing energy rates and Medicaid reimbursements to counties.Campaign galleries: Daniel Donovan | Richard Brodsky | Rick Lazio | Andrew Cuomo | Bruce Blakeman | Ed O’SheaCampaign news: Part discussion, part information and part funLearn about your delegates Today’s challenge: What do you know about the 26th U.S. District race?

Defense attorney: Killer is a “casualty” of Hurricane Katrina disaster
The defense attorney for convicted murderer Alfred Jones urged the jury to spare the 23-year-old from Louisiana’s death row in light of his age and the fact that his world turned upside down when Hurricane Katrina struck New Orleans nearly…

Attorney: I was tailed during Andrew Thomas probe

Rich — Fri, 20 Aug 2010 13:14:17 +0000

Georgetown city attorney sues AG
Georgetown city attorney sues AG

Attorney: Cops illegally search Monticello Mayor’s home

Rich — Wed, 18 Aug 2010 20:20:23 +0000

Attorney clears board service for town workers
A legal opinion released by town attorney Edward O’Connell says that according to state law, town employees can serve on the town boards and commissions, except those groups that are responsible for direct supervision of the employee.

The Convenient Death of Attorney Bryan Stone

Rich — Tue, 17 Aug 2010 03:20:02 +0000

THE CONVENIENT DEATH OF ATTORNEY BRYAN STONE

Bryan Stone wasn’t a criminal mastermind, as the State Bar of Texas would like the public to believe. He was short and overweight, and had a small practice when I first met him. Bryan Stone wanted to be successful, and for that he needed to play ball with the big boys at the State Bar of Texas. He needed to obey their orders, even if that meant breaking the law, and breaking the law he did. Bryan Stone took my case only to damage it as much as possible and prevent justice from being served. However, he couldn’t keep up the pace of his deceit, and eventually it caught up with him. A year after both him and attorney Ilene Smoger forged my signature on the back of the insurance check and cashed it, Bryan Stone ran out of lies on why it was taking so long for the insurance check to arrive. In desperation, he had his former partner call my new attorney begging her not to proceed with my case because they would get in a lot of trouble. Strong words coming from the mouth of a lawyer, pleading with a colleague not to do the right thing. The night before he was supposed to tell my new attorney the whereabouts of the insurance money, Bryan Stone met with somebody inside his car at a parking lot in Dallas, Texas. That night Bryan Stone died of a gunshot to his head.

The next day I received a call from my new attorney telling me that Bryan Stone’s former partner called her to let her know of his death, and that the insurance money was gone. Bryan Stone’s former partner kept calling my new attorney and directing her as to who to talk to and what to ask, which I thought was unusual. After that, my new attorney sent me a report painting Bryan Stone as a criminal who’d defrauded many, many people, including somebody for over a million dollars (this last part was not written in her letter, but she told it to me over the phone). She insisted I could never recover my money because too many people were after his estate, and I had to forget about the insurance money both Bryan Stone and Ilene Smoger defrauded me.

Later, I found out that was a lie.

Here is a copy of her letter:

“Talya B.
Attorney at Law

December 4, 2000

Dear D:

As I promised, I am sending you a summary of my notes regarding your case, sorted in order of the source. I am sorry your money could not be recovered from your former attorney.

Brian Stone
Deceased (?)
July:

First said he did have the check, but was prohibited from distributing the money by an agreement signed at the mediation, until all parties had signed the settlement documents, and the Defendant could not be located. He also said you refused to sign a settlement agreement he drafted. I know that I reviewed and did not approve of it, either. Then he said you did not want to sign until the Defendant had signed. He then said he had drafted a Motion to Compel and given it to you to sign, that he had filed with the court, and was awaiting hearing.

August 4, 2000:

Told me he had called the insurance company twice to request permission to release the money without the defendant’s signature, and that he was awaiting a reply.

Web Joiner
Home 972-XXX-XXXX
Office 972-XXX-XXXX
Former partner/associate of Stone.

Admitted that he was at the mediation. He said Stone told him there were problems in the language of the release prohibiting him from distributing funds, but that he thought this was ridiculous, that the Defendant did not need to sign a release in order to distribute funds. At the time, he said he believed Stone had not distributed the funds.

After Stone’s death, Joiner told me that Stone’s wife tried to have the corporation (‘P.C.”) (as Stone’s business was incorporated) placed into bankruptcy. Joiner was apparently there, and told me that the Judge disqualified the corporate representative trustee Robert Newhouse, as Newhouse admitted that he did not actually know how much money, if any, the corporation had. The judge threw out the bankruptcy case.

According to Joiner, many people were missing money, and none of them were listed as creditors of the P.C., nor were any informed of the bankruptcy meeting. Joiner believed the P.C. had a $25,000 life insurance policy, but that the books were in such disarray that this might not even cover the cost of a forensic accounting. He said the only way to get an accounting of what there actually is and what happened would be to get the case into probate court, but that Stone’s wife was fighting this, for obvious reasons. However, she can’t sell the house until it goes through probate if the house is in both of their names. Title must be cleared. Also, the people that have been ripped off on the estate may force the Stone estate into probate. But Joiner said he was not sure what would happen now.

Joiner told me that someone (he refused to tell me who and said he did not know how the source got the information) told Joiner that within a couple of weeks of Stone’s death, Stone’s wife paid off the house and the car. The house had apparently been purchased only recently.
Joiner suggested that I call Gino Cisco (sp?), an attorney who officed next to Stone because he represents a beneficiary to an estate of which Stone was the executor. Apparently Stone, over the course of the administration, sold a number of businesses belonging to the estate, and no one knows where the proceeds of the sale are. The client did not get them. In the spring, Cisko said that something was odd.

One interesting note was that the bankruptcy meeting was originally supposed to take place the day before, but when the trustee arrived he realized he had a conflict; he had previously sued Stone for bankruptcy fraud, and he had received a judgment for hundreds of thousands of dollars. This judgment was upheld by the Fifth Circuit.

Joiner asked whether an autopsy would be done, and Earnest Leonard, the attorney who attempted to put the thing into bankruptcy, did not know.

Joiner thinks that Stone may have faked his own death, that this may not have been a suicide. Alternatively, he may have been murdered. Stone was president of his homeowner’s association, and acquired many clients that way, and stole from many of them. Stone got a check for $5,000 on behalf of one client, cashed it, and kept the money.

Stone had a client who had half-interest in a strip bar; the other ½ owner owned a gun range in a bad part of Dallas. The day before he died, Stone went to (the) strip club on business. The next morning, Stone went to (the) gun shop and said (he) wanted to buy a) gun for his wife’s protection. Was told (he) needed (a) background check, to come back at 1:00 p.m. Some time that evening, he was found 1 block away, Joiner thinks in a parking lot. Joiner does not know who found him.

Gino Cisco (sp?)

Mary is Gino’s wife and secretary.
214/XXX-XXXX

Mr. Cisco qualified his statements by stating that a lot of his information was pure supposition. He guessed that your money was gone, that Stone spent it. Cisco didn’t know anyone who had access to Stone’s books and records. Even the bankruptcy attorney for the P.C. didn’t have any access to the P.C.’s financial information. No one had authority to give the attorney rights to file for bankruptcy, and he could not affirm that it was really bankrupt. Therefore the proceeding was to be thrown out. However, the attorney that filed bankruptcy said he had seen a death certificate.

Cisco’s client was taken for about $90k-$150k. Cisco said he heard that no cadaver had been logged in, the day after Stone was supposed to have died.

Cisco asked that I fax him the death certificate. As far as Cisco knew no one had been appointed to take over their financial records.

John Norris
Calloway, Norris, and Burdette
214/XXX-XXXX

Just custodian of files, in charge of making sure that files get back to their rightful owners.
Sophia at the State Bar in Dallas has the physical files. 214/XXX-XXXX. Legal Assistant.
If you have any questions, please do not hesitate to call. You will not be charged for this letter, though the time (with no charge) will be on your next bill. This letter took me approximately 45 minutes to write and send. If you would like me to take any more action on your case, please let me know.

Sincerely,
Talya B.”

Fascinating, isn’t it? Mr. Stone was quite a colorful character, per this letter. A thief multiple times, and STILL allowed to practice law in Texas with a clean record. He’d already been sued for bankruptcy fraud, and had defrauded several people. My money? Gone, spent by Stone. No way to recover it. Gone with the wind.

Oh, the intrigue! I guess Talya B. thought that this letter would be enough to make me forget all about being robbed by Texas attorneys. Her letter looks so professional.

However, regardless of what Bryan Stone did during his lifetime, or how many people he defrauded, or if any of the contents of this letter are true, this letter is nothing but a smoke screen to try to lead me to believe I cannot get my money back.

As fascinating as this letter is, it is irrelevant. Nothing written on that letter matters to my case. The one thing that matters, in order for me to recover my money, is that Bryan Stone is dead. Period.

In 1971, the State Bar of Texas established the Client’s Security Fund to refund clients who’ve been defrauded by their attorneys, or whose attorneys have died before the client could collect the money. I qualified for both requirements. However, there was a big problem: Ilene Smoger. She and Bryan Stone had cashed my insurance check after my name was forged on its back. Her name was on the front of the check (even though I had fired her as my attorney because she had already defrauded me of a previous insurance check). The bosses at the State Bar of Texas were doing everything in their power to protect her, and that meant breaking every single law in Texas. They wouldn’t – couldn’t – allow me to learn about the Client’s Security Fund and have me file a petition for the insurance money they owed me. The check had been cashed by forging my signature, and both Bryan Stone and Ilene Smoger’s names were listed as the attorneys representing me. So my new attorney wrote me a wild report depicting Bryan Stone as a master criminal who owed money to everybody and their mother. She never mentioned, not once, the Client’s Security Fund, even though that was the place for me to request my money as it is the normal procedure when an attorney dies.

Another Texas lawyer breaking the law. Déjà vu all over again.

Bryan Stone wasn’t a mastermind, as the State Bar of Texas would like the public to believe. Bryan Stone was a patsy. We all know what happens to patsies in Texas.

Post from: Find An Attorney

The Convenient Death of Attorney Bryan Stone

Attorney charged with forging judge’s signature

Rich — Sun, 15 Aug 2010 10:12:13 +0000

Attorney wants more Kilpatrick testimony
DETROIT, Aug. 11 (UPI) — An attorney representing the family of a slain exotic dancer says he will seek additional deposition testimony from former Detroit Mayor Kwame Kilpatrick. Kwame Kilpatrick – Detroit – List of mayors of Detroit – United States – Michigan

As attorney general primary intensifies, Dan Gelber and Dave Aronberg reverse course on money in politics

Rich — Thu, 12 Aug 2010 00:15:59 +0000

Attorney General Brown launches voter fraud hotline targeting Bell
MONTEBELLO – Accusations of voter fraud in Bell caused state Attorney General and gubernatorial candidate Jerry Brown to launch a telephone hotline Monday where residents can report allegations, while the L.A. County D.A.’s Office continues to probe similar accusations in nearby Montebello.