Pattent attorney - legal advice
Discussion
Some issues have recently popped up that I need a second opinion on. In no particlar order:
1) The company sends invoices in an almost random combination of names, usually me personal despite it being a Ltd co. I've even signed forms to verify this.
2) I was dealing with one patent attorney and paying via the nose @ £250 per hour but he was doing a great job. Towards the end of the project a letter outlining his thoughts regarding the patent was alledgedley sent but probably due to the above addressing issues, never received.
3) a couple of months had gone by and I call the attorney only to discover he's left! I speak to a new man in chage of my case who knew virtually nothing about it and I explain that i'm less than pleased no one has bothered to tell me and that i'm not prepared to pay someone else to get 'up to speed' on the project. He verifies that we will NOT be charged for covering work that's already done.
4) Weeks go by and I call him and he tells me that his conclusion is in the post - it arrives along with a bill for £800. I call the office and explain that he said he wouldn't charge me for looking over the account. It is NOW that i'm told that the original attorney had already sent his summary but I had never received it.
TO sum up, I'm not going to pay the £800 bill, they've offered me a 20% discount for the misunderstanding.
5) I asked them to stop work on another small task (filing a trade mark) for which I got billed £300 - is this taking the P155? - surely no more work = no more work, not another £300 worth!
Do they have some responsibility to keep me informed of whether the guy i'm been paying £250 an hour is even in the company?
He originally said the work will cost in the region of £3-£5K, turned out more like £10k
1) The company sends invoices in an almost random combination of names, usually me personal despite it being a Ltd co. I've even signed forms to verify this.
2) I was dealing with one patent attorney and paying via the nose @ £250 per hour but he was doing a great job. Towards the end of the project a letter outlining his thoughts regarding the patent was alledgedley sent but probably due to the above addressing issues, never received.
3) a couple of months had gone by and I call the attorney only to discover he's left! I speak to a new man in chage of my case who knew virtually nothing about it and I explain that i'm less than pleased no one has bothered to tell me and that i'm not prepared to pay someone else to get 'up to speed' on the project. He verifies that we will NOT be charged for covering work that's already done.
4) Weeks go by and I call him and he tells me that his conclusion is in the post - it arrives along with a bill for £800. I call the office and explain that he said he wouldn't charge me for looking over the account. It is NOW that i'm told that the original attorney had already sent his summary but I had never received it.
TO sum up, I'm not going to pay the £800 bill, they've offered me a 20% discount for the misunderstanding.
5) I asked them to stop work on another small task (filing a trade mark) for which I got billed £300 - is this taking the P155? - surely no more work = no more work, not another £300 worth!
Do they have some responsibility to keep me informed of whether the guy i'm been paying £250 an hour is even in the company?
He originally said the work will cost in the region of £3-£5K, turned out more like £10k
Its stuff like this which is crippling business. If you're a small company thrying to wade through it, it's an expensive nightmare. Frankly I think this stuff must be the end of many businesss, before they have started.
If the government want to improve the state of society they could do worse things than start in an area like this.
If the government want to improve the state of society they could do worse things than start in an area like this.
Surely they have not performed their side of the contract? They have been negligent and I would insist on:
a) not paying their bill
b) demanding someone gets up to speed with your case, and continues in a professional manner, or
c) you sue them for negligence and lost of profits on the basis of their cock ups. (but how can you prove loss of profits? Is there any previous track records, etc?)
I'm sure their professional indemnity insurance will cover them. I am no legal expert, just my opinion.
Oh and d) get a new patent attorney!
a) not paying their bill
b) demanding someone gets up to speed with your case, and continues in a professional manner, or
c) you sue them for negligence and lost of profits on the basis of their cock ups. (but how can you prove loss of profits? Is there any previous track records, etc?)
I'm sure their professional indemnity insurance will cover them. I am no legal expert, just my opinion.
Oh and d) get a new patent attorney!
A solicitor is required to give an estimate of the costs associated with a piece of work at the outset and then to keep the client updated as work is done, and if that estimate changes. It's a breach of the professional conduct rules not to do so - mention that to them, make veiled references to complaining to the SRA and see what they say....
You're entitled to ask to have a solicitor's bill checked if you disagree with it - there's a standard form of wording which should appear on the face (or possibly the reverse) of the bill. It's a process they won't really want to go through so will doubtless equip you to negotiate the bill down or, if you intend to stand your ground - especially if you maintain you gave them a "down tools" instruction - to get out of paying.
There's no obligation as such to tell you about changes in staff, although it's usual practice - and nothing more than common courtesy in my view - to let a client know if the fee earner dealing with their claim has changed. And it's certainly not on to charge for the cost of the new person reading into the file.
You're entitled to ask to have a solicitor's bill checked if you disagree with it - there's a standard form of wording which should appear on the face (or possibly the reverse) of the bill. It's a process they won't really want to go through so will doubtless equip you to negotiate the bill down or, if you intend to stand your ground - especially if you maintain you gave them a "down tools" instruction - to get out of paying.
There's no obligation as such to tell you about changes in staff, although it's usual practice - and nothing more than common courtesy in my view - to let a client know if the fee earner dealing with their claim has changed. And it's certainly not on to charge for the cost of the new person reading into the file.
Thanks all. I've emailed them a couple of days ago making it quite clear where they can stick their invoices and that I would not under any circumstances be paying. Period.
Someone kindly put me in touch (that person should be a detective) with the original attorney who I've spoken with and he agrees with me. Maybe I'll employ him to fight my case and win costs
Watch this space.
Someone kindly put me in touch (that person should be a detective) with the original attorney who I've spoken with and he agrees with me. Maybe I'll employ him to fight my case and win costs
Watch this space.
Quick update. After another chance of staff in the patent attorneys and another round of 'why haven't you paid us' emails I let the new poor sod know in no uncertain terms that we will never pay them another penny until they drop the £800 charge and confirm in writing that we will never hear from them again.
One day later confirmation. We are paying the final small bill £250 and that's it.
One day later confirmation. We are paying the final small bill £250 and that's it.
...some of these people really do take the piss. I recently put through a raft of Trade Marks in 9 classes for a great many objects. Dead easy, no hassle and saved a lot of money on TM applications. I used the TM pre-application process and it ironed out a number of potential issues that would have caused delays. I can see no reason for using a TM 'Attorney' to register a UK TM. Friends have done European ones - again no problem. For the Madrid Protocol stuff then I believe you do need one - though God alone knows why.
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