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YourIPAttorney.com

YourIPAttorney.com

The Bower
Beaverton, OR 97006-3337
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Phone: (410) 292-6989  |  Fax: (301) 368-2464
http://www.YourIPAttorney.com

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Better-negotiated deals and protected IP mean more profits.

Legal Topic

Business Law

Legal Topic

Intellectual Property (IP)

Number of Attorneys

1

State Licensed In

I am licensed in Maryland, and permitted to practice intellectual property law (federal law) in the other states.

Firm Focus

This is a "boutique" firm. I provide legal counsel to small and medium business nationwide to assure protection of all their branding (e.g. trademarks), creatives (e.g. writings, art, and photos), inventions (patentable), and proprietary information and know-how (e.g. trade secrets) and profit when licensing these out.

I assist small and medium businesses nationwide in negotiating important business deals. This can include representing them in person, assisting in the background and training staff on effective negotiation techniques. I wrote a book on negotiating called "Zen and the Art of Negotiation: Successful Negotiation for People Who Hate to Negotiate."

For Maryland small and medium businesses I act as "outside counsel," dealing with business formation, contracts and agreements, employment and many other legal problems that occur in any business. As a 'repurposed' engineer, I especially focus on tech businesses.

Finally, for all clients I offer, with no extra charge, contact by Skype™ with Video to assure both verbal and non-verbal communication.

Firm History

I have practiced law—with one period of inactivity—since 1973. This specific firm dates from 2005, focusing then on the negotiation process, and later expanding to include first patent marketing and then other aspects of intellectual property.

Activities and Awards

Author of an acclaimed book entitled Zen and the Art of Negotiation: Successful Negotiation for People Who Hate to Negotiate (Silloway Press 2010), and in Spanish as Zen y el arte de negociar (Panorama Editions Group, Mexico City 2011).

Example Cases

(1)
A MILLION DOLLARS FOR CLIENT
Scenario: A software engineer joined a start-up company, agreeing to take stock shares instead of a large salary ($225K in all)--understanding from the owner that there would be in IPO within a few years.
But there was no IPO after almost six years. Rather than pursuing legal action, the engineer hired Marcus to solve the problem for him.
Result: The client received a check for over one-third of a million dollars. And, a company representative said that they actually increased their settlement by $40,000 over their "absolute maximum offer" as a direct result of Marcus' negotiation skills.

(2)
Scenario: An author made demand on client, another author, for over $1,000 for allegedly copying the first author's article with a registered copyright. Researching, Marcus found that the alleged infringement was too long ago to escape the statute if limitations, and that the date of publication in the registration showed it was first published after the alleged infringement. Settled for nuisance value of about 15% of the demand.

What is your firm's point of view regarding clients educating themselves on legal issues?

I think unguided self-education is risky, in that it tends to miss issues, often because the client reads what reinforces their own view of their situation. However, if an attorney guides it, it can very helpful for a client to learn about the law that controls their case or situation.

Are your attorneys willing to review documents prepared by clients?

I have done this. Sometimes this is an economical approach; sometimes it becomes sensible to start with a building from scratch. Better starting forms mean better economy.

Are your attorneys willing to coach clients who want to represent themselves?

Clients vary in their ability to both learn material and accept coaching gracefully. For the intelligent client who is willing to learn, I have often done this, both for registering IP and negotiating business deals.

Are your attorneys willing to help a client with one discrete part of a case, without taking on the whole case?

The question is whether the parts really are discrete and do not interact. Nevertheless, to the extent a part can be separated without harming some other part of a matter, that is certainly worth considering, and may save the client money.

What are your policies about dividing work among the firm's partners, associates, and paralegals to make the process most cost-effective for the client?

This is a solo firm, so the question does not apply.

How frequently does your firm use mediation, arbitration, or collaborative law to resolve cases?

I often use negotiation to work to resolve disputes. I have never had the other side offer to engage in mediation but would be open to it. Better than the expense and risk of litigation or for that matter arbitration.

Does your firm provide pro bono legal services or otherwise participate in your community?

I have done considerable pro bono publico services and other community participation when I was on the east coast, and expect to resume now on the west coast in some form.

What distinguishes your law firm from others?

Informality. For years law firms have cultivated a "three-piece" image. This is much as physicians adopt white lab coats that set them apart from their patients, even when they do not deal with messy or dangerous fluids, etc. I consider myself no better than my clients, simply an expert in one thing, while they are experts in other things.

Office Manager/Assistant

No, I manage my own office.

Fax

(301) 368-2464

Office Hours

As a solo, I do not have strict rules about hours. 9-5 is merely a base.

Emergency After Hours

Yes

Foreign Languages

I speak some German, read and write more.

Fixed-Price Services and Fees

I offer a two-hour comprehensive intellectual property checkup for $300. This covers all the client business's branding material, creatives, inventions and proprietary information—what needs protecting and how to get that protection.

Hourly Rates

Generally, negotiation work is billed at $200/hr, while IP work, being more specialized is $250/hr. I offer 10% off hourly to NOLO-referred clients.

Free Initial Consultation?

The first half hour, discussing the problem and what if anything I can do to assist, is without charge.

Typical Retainer

I usually require a deposit, but how much depends on the specifics of the matter to be handled.

Understanding Fees

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