Markavo is a U.S. law firm specializing in intellectual property law, offering expertise in U.S. trademark services. We invite foreign law firms to collaborate with us to deliver seamless, cross-border legal solutions for clients with international IP needs. This article explains how foreign law firms can work with Markavo, the ethical obligations U.S. attorneys must uphold when taking direction from foreign firms, the importance of fee transparency, and how clients are informed of both parties’ fees through the Power of Attorney (POA) process.
Why Collaborate with Markavo?
U.S. IP Expertise: Markavo’s U.S.-licensed attorneys are authorized to represent clients before the United States Patent and Trademark Office (USPTO), ensuring professional handling of U.S. trademark matters.
Cross-Border Efficiency: Partnering with Markavo allows foreign law firms to extend their services to the U.S. market while maintaining their role as the client’s primary legal advisor in their home jurisdiction.
Ethical Standards: Markavo adheres to strict ethical guidelines, ensuring transparent and compliant collaborations that prioritize client interests.
Ethical Obligations for U.S. Attorneys Taking Direction from Foreign Firms
When U.S. attorneys at Markavo take direction from foreign law firms, they are bound by the USPTO Rules of Professional Conduct. These rules ensure that the collaboration remains ethical and client-focused. Key obligations include:
Clear Communication:
U.S. attorneys must maintain direct communication with the client, even when working with a foreign firm as an intermediary. This ensures clients are fully informed about their case, including decisions, risks, and progress.Avoiding Conflicts of Interest:
Markavo must identify and resolve any potential conflicts of interest arising from the collaboration. This includes ensuring that the client’s interests remain paramount and that the foreign firm’s involvement does not influence the attorney’s independent judgment.Informed Consent:
Clients must provide informed consent for the collaborative arrangement. This requires full disclosure of the roles of both Markavo and the foreign law firm, the scope of services, and all associated fees. Markavo ensures clients understand the arrangement before proceeding.
These obligations safeguard the client’s rights and uphold the integrity of the legal process.
Fee Transparency: A Core Requirement
Fee transparency is essential in collaborations between Markavo and foreign law firms. Clients must know exactly what both firms are charging to make informed decisions about their representation. This transparency is critical for:
Client Understanding:
Clients deserve a clear breakdown of costs, including what they are paying Markavo for U.S. legal services and what they are paying the foreign firm for its services (e.g., local advice or coordination).Ethical Compliance:
U.S. ethical rules, including 37 CFR 11.504, prohibit improper fee splitting with non-U.S. attorneys. Markavo ensures all fees are separately billed and disclosed, avoiding any ethical violations.Building Trust:
Transparent fee structures foster confidence in the collaboration, ensuring clients feel secure in their decision to proceed.
Markavo mandates that all fees be documented and shared with the client upfront, leaving no room for ambiguity.
How Clients Are Informed of Fees: The Power of Attorney (POA)
Before any project begins, clients must electronically sign a Power of Attorney (POA) that authorizes Markavo to act as their U.S. legal representative. This POA also serves as a tool to ensure clients are fully aware of the fees charged by both Markavo and the foreign law firm.
Fee Breakdown in the POA:
The POA includes a detailed breakdown of fees, such as:Markavo’s charges for U.S. legal services (e.g., filing a trademark application).
The foreign firm’s charges for its services (e.g., local consultation or translation).
This clarity ensures clients know exactly what each firm is contributing and at what cost.
Client Acknowledgment:
By signing the POA, clients confirm they have reviewed and agreed to the fee structure. This step satisfies the requirement for informed consent and protects the client’s interests.Electronic Signing:
The POA is signed electronically, offering convenience for international clients and providing a digital record of the fee agreement.
The POA process ensures that clients have full visibility into the costs of the collaboration before work begins, aligning with ethical and transparency standards.
Steps to Collaborate with Markavo
Foreign law firms can follow these steps to partner with Markavo effectively:
Initial Discussion: Contact Markavo to outline the client’s needs and define each firm’s role.
Fee Agreements: Establish separate fee structures for each firm’s services, which will be disclosed to the client.
Client Notification: Inform the client of the collaboration, including roles and fees. Markavo will also communicate directly with the client to confirm their understanding. We will need the client's direct email address so that they receive notifications of important events in the lifecycle of their trademark. If the client so wishes, your firm may be the contact point for the application and manage the process, however the client is required to be able to ask Markavo questions at any time about their trademark if they so wish.
POA Signing: The client signs the POA electronically, acknowledging the fee breakdown and authorizing Markavo’s representation.
Project Execution: The foreign firm may provide instructions to Markavo, while Markavo maintains direct client communication for key updates and decisions.
Conclusion
Collaborating with Markavo enables foreign law firms to offer their clients expert U.S. IP services while adhering to ethical standards. By emphasizing fee transparency and leveraging the POA process, Markavo ensures clients are fully informed of both parties’ fees upfront. This approach fosters trust, compliance, and successful outcomes for all involved.
To explore a partnership, contact Markavo at [email protected]