Seattle Intellectual Property Inn of Court

Pro Bono Practice for IP Attorneys February 21, 2013 1.0 General CLE Credit (Approval Pending)

Schedule

 Pro Bono Practice in the Western District of Washington

Judge James Donohue (W.D. Wash.)

 Pro Bono Primer

Jonathan McFarland (Perkins Coie)

 Pro Bono Group Discussion Questions

Duncan Macfarlane (Macfarlane Law)

 IP and Non-IP Pro Bono Case Examples

Mark Walters (Frommer Lawrence & Haug) Jonathan McFarland (Perkins Coie)

Pro Bono Practice in the Western District of Washington Judge James Donohue (W.D. Wash.)

Pro Bono Primer Jonathan McFarland (Perkins Coie)

Preliminary Questions

 Is it your professional responsibility as a lawyer to perform pro bono services?

 If so, how many hours per year are needed to meet that professional responsibility?

 If so, but you are too busy, can you ethically buy your way out of the responsibility?

50+ hours per year

ABA Model Rule 6.1

ABA Model Rule of Professional Conduct 6.1(a)

Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should: (a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to: (1) persons of limited means or (2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means; and

Washington State Rule of Professional Conduct 6.1(a)

 At least 30 hours of pro bono (compared to 50 hours for ABA)  NOTE: A lawyer rendering a minimum of 50 hours of pro bono publico service shall receive commendation for such service from the WSBA

Washington State RPC 6 – Comment 9

[9] Because the provision of pro bono services is a professional responsibility, it is the individual ethical commitment of each lawyer. Nevertheless, there may be times when it is not feasible for a lawyer to engage in pro bono services. At such times a lawyer may discharge the pro bono responsibility by providing financial support to organizations providing free legal services to persons of limited means. Such financial support should be reasonably equivalent to the value of the hours of service that would have otherwise been provided. In addition, at times it may be more feasible to satisfy the pro bono responsibility collectively, as by a firm's aggregate pro bono activities.

Pro Bono Group Discussion Questions Duncan Macfarlane (Macfarlane Law)

Supporting Justice II: A Report on the Pro Bono Work of America’s Lawyers

ABA General Survey Questions:

How Do Attorneys Surveyed Define Pro Bono?

Is this “pro bono” ?

What are some roadblocks to doing pro bono work?

Pro Bono Case Examples

IP Pro Bono

 Bowman v. Monsanto – U.S. Supreme Court  Mark Walters (Frommer Lawrence & Haug)  Patent Law School Clinic Certification Program  Jonathan McFarland (Perkins Coie)  “Soft” IP Examples  Others?

Non-IP Pro Bono for IP Litigators

 Federal Circuit Bar Association  Mark Walters (Frommer Lawrence & Haug)  Immigration Law  Jonathan McFarland (Perkins Coie)  Others?

Q&A