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Is offer from out-of-state attorney UPL?

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MDC29

Member
What is the name of your state (only U.S. law)? Nevada

I have two simple (I hope) questions:

I (not an attorney) live in Nevada and recently sent a demand letter to the offending party (not an attorney either) who lives in Pennsylvania. A week later I received a letter from an attorney saying he represents the offending party. That attorney is based in VA and his website lists his Bar admissions as: District of Columbia, Kentucky, U.S. Court of Appeals for the Fourth Circuit and U.S. Patent & Trademark Office. In his letter, he made an offer to settle the issue to avoid any litigation.

The issue at hand is Trademark/Unfair Competition (Lanham Act)

Question 1:
Can that attorney represent the party in Pennsylvania even though he is not licensed in Pennsylvania?

Question 2:
Is that attorney engaged in the unauthorized practice of law when he made an offer in his letter to me, but he is not licensed to practice in NV?

My instinct tells me that because he's admitted to the US Patent and Trademark Office, that state bar admissions are irrelevant? Is that correct? What about the fact that there is no court action at this time, does that play a role in this?

Thanks!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Nevada

I have two simple (I hope) questions:

I (not an attorney) live in Nevada and recently sent a demand letter to the offending party (not an attorney either) who lives in Pennsylvania. A week later I received a letter from an attorney saying he represents the offending party. That attorney is based in VA and his website lists his Bar admissions as: District of Columbia, Kentucky, U.S. Court of Appeals for the Fourth Circuit and U.S. Patent & Trademark Office. In his letter, he made an offer to settle the issue to avoid any litigation.

The issue at hand is Trademark/Unfair Competition (Lanham Act)

Question 1:
Can that attorney represent the party in Pennsylvania even though he is not licensed in Pennsylvania?

Question 2:
Is that attorney engaged in the unauthorized practice of law when he made an offer in his letter to me, but he is not licensed to practice in NV?

My instinct tells me that because he's admitted to the US Patent and Trademark Office, that state bar admissions are irrelevant? Is that correct? What about the fact that there is no court action at this time, does that play a role in this?

Thanks!
Apparently he took the patent bar and passed. Hence, he is licensed to practice patent law. Hence it is NOT UPL.
 

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