Practice Quiz

Paralegal

Category - Ethics

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For many years, Luke had been a patent agent before the U.S. Patent and Trademark Office. Tired of competing with so many lawyers in the field, Luke attended the evening division of a law school for several years and passed his state’s bar exam after graduation. Luke has now started his own law firm and wants to promote his new law practice focusing on patent law. Under the Model Rules, may Luke advertise a specialty in patent law?
  1. Yes, Luke may advertise that he is a specialist in patent law.
  2. Yes, Luke may advertise that he has specialty certification in patent law.
  3. Yes, Luke may use the designation “Patent Attorney.”
  4. No, Luke may not advertise that he is a specialist or use the designation “Patent Attorney.”
Explanation
Answer: C - Yes, Luke may use the designation “Patent Attorney.” “A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office [including patent agents] may use the designation “Patent Attorney” or a substantially similar designation.” Model Rule 7.4(b). A lawyer may not state or imply a specialty in a particular field of law unless certified as a specialist by a state certifying authority or an ABA-approved certification organization, and the name of the certification organization is clearly identified.” Model Rule 7.4(d). Answer C is the best choice because Rule 7.4(b) states that Luke can use the designation “Patent Attorney” (since he is already admitted as a patent agent). None of Answers A, B, and D are the best choice because advertising a specialty would violate the Model Rules.
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