ETHICS OPINION 336-1936

NUMBER 336 1936

Question. A is registered as a patent attorney in the United States Patent Office, but is not a member of the Bar of the District of Columbia nor of the Bar of any state. B is a member of the Bar.

  1. May B accept employment from A at a stated salary per month with the understanding, express or implied, that B, in addition to the services specified in 2 below, is to render to A’s clients or customers in behalf of his employer, professional legal services, which A himself is not authorized to render?
  2. May B accept employment from A at a stated salary per month to assist A in such matters only as may be lawfully undertaken by a patent attorney?

Answer. In the opinion of the Committee, the answer to 1 is “No,” A negative answer is dictated by the provisions of Canon 35 and repeated opinions of this Committee disapproving the employment of attorneys by lay intermediaries. See Opinions 47, II (b); 68; 74; 121; 209; 214.

In the opinion of the Committee the answer to question 2 is “yes,” provided B is also registered as a patent attorney in the United States Patent Office.