Tuesday, January 10, 2017

What is the best law firm in the Bay Area for startups that want to file for software patents?

8:58 AM Posted by Unknown , , , No comments
Here are some pointers and things to look for when shopping for an attorney for your startup:
1. Price: During your company’s early stages, you going to try to limit overhead and daily operational expenses. Hiring a lawyer is always an expense to account for. However, you want to be sure that the money you spend on an attorney is a good, and competitive value for the legal services provided; saving you company money and headaches in the long run.
2. Experience/Track Record: It’s always a good idea to find an attorney who has worked with companies similar to yours. Familiarity with your company’s industry breeds trust, and having your legal concerns addressed effectively.
3. Professional Chemistry: A good lawyer-client relationship is vital to having your company’s legal goals met. You will spend a lot of time with your attorney, and it’s difficult to move your company forward if you hire an attorney that you can’t get along with.
4. Software engineering background (Optional): Patent attorneys generally have to come from a hard science/engineering background to sit for the patent bar exam. However, if you can find a patent attorney who either studied computer science, and/or worked as a software engineer, he or she will be able to understand the technical side of your software patent.
One last note that I think is important is that the best lawyer for your company may not necessarily be the most expensive. There are so many highly-qualified and fully-capable lawyers in the CA area that are affordable for startups. Many clients will mistakenly hire big-firm attorneys thinking high legal costs = the best lawyer. In reality, this can sometimes hurt startups, because such lawyers have a large caseload (meaning less time spent on your startup) and cost an exorbitant amount. So my best advice it to be diligent in your research and not to jump at the biggest names on the list.
We have impressive patent attorneys available on LawTrades. Our legal marketplace makes it easy and affordable for inventors to get the legal support they need. We offer free initial consults and flat-fee pricing. Good luck with your search! If there is anything I can personally do for you, please do not hesitate to let me know.
 In addition, A ranking of the top 10 law firms in the US for patent quality was recently published by Intellectual Asset Management [1]. Many of these firms have offices in the Bay Area.

  1. Lee & Hayes
  2. Trask Britt
  3. McAndrews, Held & Malloy
  4. Volentine & Whitt
  5. Marger, Johnson & McCollom
  6. Perkins Coie
  7. Schwegman, Lundberg & Woessner
  8. Sterne, Kessler, Goldstein & Fox
  9. Workman Nydegger
  10. Fenwick & West

Is it stressful to work in a law firm?

If you are an associate you will have to handle the substantive work. You will have to keep your productivity high. Billable hours are the bane of lawyers existence. Even people who work on contingency fees  or  corporate have   goals they must meet to remain employed. You will have clients to please sometimes with unpalatable advice; sometimes you never see the client, only the contact lawyer ( rain maker in US parlance) presents your work. You have to please the judges if that is your field. All of this in areas where you may or may not have any idea what you are doing.
The hours are long. Tempers run short. Privileged Characters ( adult version of  entitled brats) are rampant. Someone else is always , always, trying to market the client away from you, both in your firm and outside of it.That means politics in teh office can be fierce.
If you are a principal/ owner/partner in a firm, you have the added pressure of making sure there are enough clients/cases/income to keep the business running. A law firm is most definitely a business. You do all this while juggling the problems caused by the aforementioned Privileged Characters who think that the rules don't apply to them.
I started doing this in 1974. Most of my war stories are not printable
Morever, When you are representing clients, regardless of the area in which you are representing them, you incur a high level of responsibility. It doesn't matter if you are an attorney, a paralegal, a secretary, the receptionist, or the guy working in the mail room. You are a link in a chain that must be properly managed to make sure the client is receiving proper representation. There are deadlines to meet, rules you must know (staff must follow certain attorney ethics rules) and stressed out attorneys to deal with. All work must be performed properly because mistakes can lead to damage to a client's representation, which can lead to a malpractice lawsuit. Ethical violations can lead to a lawyer being called before the ethics board.
Never mind, you might be dealing with clients, depending on your role. Sometimes the clients are upset and will take it out on anyone they happen to talk to. Frequently, this is the secretary or the paralegal. This is especially the case if you are dealing with consumer law, i.e. where you are representing an individual as opposed to a business, and litigation has commenced or will. Litigation is stressful for everyone, but especially the client.
Some areas of practice are more stressful than others. Some firms are more stressful than others. Some bosses are more stressful than others. In this way, law is no different from any other job. But there is a lot that can go wrong and even minor mistakes can have serious consequences.

Is it legal for a law firm to go public in the US?

8:53 AM Posted by Unknown , , , No comments
It would be different in every state, since each state's laws are different and law firms are regulated by which ever state's bar association they fall under the jurisdiction of, but: the short answer is it would likely be a violation of the attorney's professional responsibility/ethics standards. In Florida it is against the bar's rules for a non-lawyer to have an ownership interest in a law firm that would compromise the attorney's professional judgment. This would preclude any type of public trading, since companies are responsible to shareholders before employees. A lawyer's professional judgment and the interests of the client must be put before the profit of the company. Similarly, a lawyer is generally (with few exceptions) prohibited from profit sharing with non-lawyers In Florida. Even more rules place further limitations on this type of situation. Most states probably have similar laws/rules. 
This is not a substitute for legal advice. Seek personal legal advice from a qualified lawyer licensed to practice in your jurisdiction. Nothing In this answer creates a lawyer-client relationship. I am a lawyer, not your lawyer.
Additionally, The NYT had an article a few years ago about this: Selling Pieces of Law Firms to Investors
Lawyers will claim fealty to their notions of ethics for why this is prohibited; nonetheless, it is a poor business decision on their part.
Allowing outside investors would accomplish two things:
  • Provide for a more diverse source of capital than the current practice of having partners buy into their firms
  • Allow partnerships to raise capital from banks or other institutions in the form of debt (note this is somewhat different than a revolving line of credit with one's bank)
Right now, I believe that the only way a law firm facing a liquidity crunch can raise money is by (1) requiring its partners to cough up more money or (2) factor receivables.  I suppose they could sell off furniture, too, if they were really desperate.
None of those options is really a viable source of capital long term.  Many of the law firms that have collapsed in recent years have collapsed precisely because they have no source of capital other than what has been paid in by partners.  It's a very leveraged (and risky) business model.

Sunday, January 8, 2017

How long must attorneys at most law firms wait before being considered for partner?

12:15 AM Posted by Unknown , , , , No comments
In big law firms (i.e. 50+), the current trend is to be considered for non-equity partnership somewhere around 7-9 years, and equity partnership within a few years of that.

However, this is all somewhat dynamic; the partner system was seriously injured by the crash in the legal marketplace in 2008.
Additionally,  The current trend is 7-9 years for partnership, although what that means varies significantly from firm to firm.  Many larger firms give lawyers the title of partner even though they are only "income partners," i.e., salaried lawyers who do not share in the firm's profits, and often work on contracts.  In firms with multi-tiered partnerships, equity partnership may only come, if it comes at all, 4-6 years after initially making partner.  In firms where there is only one tier of partnership, i.e., the title of partner is reserved only for equity holders, it is not unknown for associates to practice 10+ years before making partner.  Some of these firms will give titles like "counsel" or "senior attorney" to associates after 7 years or so until they become partners.

And yes, just about every large firm makes a partner or two "early" every few years--at some larger firms that make a few dozen partners per year, this may be an annual occurrence.  My current firm made a lawyer a partner after 5 years, and at my prior firm, we had some lawyers make it in 5 years, as well.  Some lawyers are just exceptionally skilled early in their careers, and some lawyers are exceptionally marketable early in their careers.  In either case, it wouldn't be smart for a firm to run the risk of losing people that they've already recognized as "keepers" within their system. 

That all being said, You don't know that there is a list of individuals who made partner earlier than average, nor that such a list would be particularly useful.  Making partner at any time is a personal achievement, but it does not mean that work/competition is done.  It could be analogized to completing the first stage of a triathlon; it's great that you made it, but there's still a long way to go.  If anything, most partners work harderthan they did as associates:  for income (salaried) partners, there's the challenge of developing a book of business to try to become an equity partner, and for equity partners, compensation is largely based on the work that you generate, so there's a constant challenge to bring money through the door.  Speaking personally as an equity partner (who is now trying to grow his share), in addition to my normal business work, I also now spend significant amounts of time on business development and attention to the marketing/economics of my firm, none of which earns me a dime, at least not initially.  The bottom line is that if you look at random large firms--who is running them, who is a rainmaker, who is a nationally recognized name, etc.--most of those people made partner 6-9 years after law school, and kept on working.  Making partner early means that you've climbed another rung on the ladder of success (and before your classmates), but it does not mean that you're on easy street for life.

Friday, January 6, 2017

The way to get into a top-tier law school

10:48 PM Posted by Unknown , , , No comments
This is a wonder what I am definitely that a lot of people care about most, especially the students, below are some useful information to help you understand more clearly about it:
There are several factors that any law school, including top-tier law schools, evaluate when looking at candidates. Chief among these factors is the LSAT score. You can look up the average LSAT score for admitted students at all top-tier law schools. For a school ranked in the top six (Columbia, NYU, Chicago, Harvard, Yale, Stanford) admitted students probably have an average LSAT score of 170 or higher (out of 180). So if you write the LSAT and get a score over 170, you will probably be in the running for a top-tier school, depending on the other aspects of your application. The next most important factor is your GPA from college. Admitted students at top-six schools have an average GPA of around 3.85 or higher. The difficulty of your major and your program may be a factor but not as significant as some people think, i.e. even if you are studying at Harvard and majoring in the most difficult major, it won’t matter if your GPA is well below their averages, for example, a 3.3 or a 3.2. This goes for the LSAT as well. In other words, if you score well below the average for a top-six school for either LSAT or GPA, it is unlikely that you will be admitted to a top-six school, regardless of your other credentials.
Schools do consider other factors such as reference letters, essays, and work experience. However it is impossible to “weigh” the value of certain types of experience over others. I will say that when I was at Harvard I met a lot of former bankers, consultants, and Teach for America people. It is standard for most law students to have spent about one or two years after graduating from college working and gaining experience. It is also helpful to have a compelling story in your essay, although this is not a requirement. If for example you are from an underrepresented minority group (i.e. black or Hispanic or Native American) or if you had difficult socioeconomic conditions growing up the schools may put this into consideration if you have less than stellar LSAT and GPA scores. Since this is inherently an arbitrary and subjective analysis, however, keep in mind that LSAT and GPA are still weighed more heavily than any other factor and having so-called “mitigating circumstances” does not mean that you will be admitted in any case. Finally there is no need to have any particular connection to the legal profession or any experience with the law. Most students in top-six schools do not have any background in the legal profession and this did not hinder them from being admitted.
In my case, I had a GPA of 3.83 and a LSAT of 179. I had no work experience and I graduated in three years from a relatively unknown Canadian university. My major was English Literature, and I did not really have any outstanding recommendations or achievements. Thus, I was below most of the top-six schools in terms of average GPA but above all of them for average LSAT. I had no other factors that would help me get admitted. I was eventually waitlisted and rejected at four of the top six schools (Yale, Stanford, Chicago, and Columbia) but admitted at Harvard and New York University, which also happened to be the two biggest top-six law schools by the number of admitted students. These bigger schools tend to play the “numbers game” more prominently and they may have just seen my near-perfect LSAT score and admitted me on that basis alone. However admissions can sometimes be a crapshoot, as you can see with my uneven results. Some of my friends by contrast got admitted to all top-six schools. I can’t fully explain why this is the case, but I can say that if you are like me, and you have no work experience and a relatively mediocre GPA, even a near-perfect LSAT score will not guarantee admittance, but it will certainly help out tremendously. There is no doubt in my mind that Harvard admitted me based on my LSAT. There is nothing else about my application that would have convinced them otherwise.
So, final lesson is, if you have already graduated, you can’t change your GPA or your major and you can’t change your background. You probably can’t change your work experience in a way that will be a game-changer for law admissions. But you can most certainly get an amazing LSAT score. And to get admitted to a top law school, a great LSAT score (above 170) is a must if your other factors are not outstanding and exceptional. So if you haven’t written the LSAT yet, study for that test as if it was the most important test in your life.
Additionally, Get good grades, get a killer LSAT score, be involved in school activities (demonstrating some long-term commitment to a couple of them), write a decent admissions essay, and get your applications in on time.  That's basically it.

Here's what you don't need:

  • You do not need a specific course of study.  I went to law school with not only poli-sci, history, and English majors, but dance, mathematics, Greek studies, and chemistry majors as well.
  • You do not need to participate in a pre-law program.
  • You do not need any specific activities.  I never did mock trial, or model U.N., or any of the other lawyerly type activities.  I did lots of theatre and I worked 20 hours per week for a professor, doing research, and I had a few other activities along the way.
  • You do not need to go to a specific undergraduate institution.  Do not think that you need to have gone to Harvard undergrad in order to have a shot at one of these schools.  I went to Hope College, a small school no one outside of Michigan knows exists, and I went to NYU Law, which was ranked number 4 at the time (it's now at 6).  I was wait-listed at Stanford, despite applying too late (by a couple weeks).  I didn't apply to either Harvard or Yale, so I have no insight there.

What are the best law firms in Austin for startups?

In my opinion, The "best" is always relative. While you should look for a lawyer who has experience working with startups, it's extremely important to find a lawyer who seems like a good "fit" for your company and your own working style. To do that, you can interview multiple lawyers to get a sense of their approach. Also, you should consider what types of legal needs you are most likely to encounter -- are you in an IP heavy industry? Will you have workers abroad? Are you planning to raise around? Is your industry regulated? -- and make sure the law firm you hire has expertise in those areas as well. 
With that in mind, there are many excellent law firms in Austin who focus on startups. You should check out the company I founded, Priori Legal. We are a curated b2b legal marketplace with a network of experienced, pre-vetted lawyers. Our lawyers are experts in a wide range of areas of startup law, and they have to undergo arigorous screening process (only about 20% of applicants are invited to join our network). In addition, our lawyers offer exclusive discounts through the site. 
Once you tell us a bit about your legal needs, we hand select a list of local, experienced lawyers just for you. You can schedule a free consultation with any lawyers who interest you. With Priori, you know you are only seeing very top lawyers with relevant experience -- and then you can compare and find the lawyer who fits with your company and can be a trusted advisor as you grow. 
Please don’t hesitate to check out our site and to reach out to me directly with any questions!

As i know, Latham & Watkins, Wilson Sonsini, and Morrison & Foerster are all nationally recognized for their achievements working with startups. In general, law firms are a great resource for startups looking to: establish credible backing by a brand-name firm, tap into a partner’s investment network, or have all of their legal issues handled for them (which is nice), BUT they are not the only option. 

If you’re a startup, then you’re most likely not trying to break the bank on legal help (which is what you’ll be doing with billing rates of  $500 to $1,000 an hour on average at these firms). That being said, you shouldn’t have to sacrifice quality and experience just because you can’t afford the hourly rates these law firms charge, deferred fees aside. If you’re looking for help forming your startup, managing co-founder agreements and stock options, reviewing/negotiating contracts, handling employee or fundraising issues, or are seeking legal advice on IP related matters, then you should come check out UpCounsel (full disclosure, I’m the CEO). We match you to quality attorneys who specialize in your background, business, and legal needs, at prices that you can afford (since overhead fees are completely eliminated). 

Attorneys on UpCounsel's site come from the top firms and tech companies -including Google, Facebook, and LinkedIn, along with those firms listed above - and are vetted based upon their expertise, business framework, price transparency, and responsiveness. Startups who have used UpCounsel's platform save 60% on their legal bills on average, and have great things to say about our Austin startup attorneys.


Hopefully this helps - just letting you know that there are other options out there. Happy to help you figure out your best option either way, since I was formerly an Associate at one of the law firms listed above.

Thursday, December 29, 2016

Do laws protect freedom?

As we know that the law was created to everything of our life is fair and right, but we can say with certainty that " Laws protect freedom"  we we need to make more clear:
The best answer I can muster is that it depends.
 
Freedom has different interpretations depending upon which nationality you live in or depending in which country you live in or depending upon your value system or shifts in your vaue system.
 
Sometimes we are told that rules or laws need to be drawn up in order to protect the freedom or perceived freedoms of the masses. 
 
For example, road signs are really important. ( Stop signs, traffic lights etc.)
Without them, people would get hurt. Is it infringing on my freedom when I have to stop and wait for the light to go green? I wonder. 
 
We all have to pay taxes. Is it infringing on my freedom when money is automatically taken out of my pay check whether I want to or not participate in all the government programs of my country or my employer or my union? I wonder. 
 
Then I have this weird idea that freedom is an illusion. 
 
I know one thing for sure. In nature, freedom is dangerous. The laws of nature have to be followed or you simply will not survive. 
 
You can dance in the medow full of daisies but I suggest you'd better be aware of predators out there.  To some of them, you are seen as prey.
 
I think of the native people on my dad's side. The laws never EVER protected their freedom or their way of life. 
 
Their lands were taken from them. All their customs and their culture was dessimated. Their value system was not respected. Children were taken away from them and put in orphanages. ( This was supposed to turn them into civilized people rather that keep on living like "savages".)
 
On and on it goes. 
 
Let's explore the phenomenon of organised religion.
 
Is the flock truly free. ( I was raised catholic.)
 
As soon as you are born the baby has to be baptised because apparently the new born baby is already a sinner. It is a ritual to rid the child of what the catholic religion terms as the original sin.
 
Original sin, also called ancestral sin,[1] is, according to a Christian theological doctrine, humanity's state of sin resulting from the fall of man.[2] This condition has been characterized in many ways, ranging from something as insignificant as a slight deficiency, or a tendency toward sin yet without collective guilt, referred to as a "sin nature", to something as drastic as total depravity or automatic guilt of all humans through collective guilt.[3]

 
Does it truly make a difference whether the child in baptised or not? 
 
Are the parents truly free to chose? Perhaps. 
 
50 years ago, the thought of using your freedom of choice not to have your child baptised would have been scandalous.
 
Did the churches laws infringe on your freedom? In my case, yes. 
 
From a common sense point of view, laws in general are supposed to protect 
 the masses in order to assure the general well being of the group. 
 
In my opinion laws are not, at their core essence, designed to protect freedom. 
Freedom can mean so many things to so many different people.