Electronics and Semiconductor Patents
In recent years, there has been an extensive boost in technological concepts related to electronics and electrical domain. Electronic engineering is a constantly changing and widening branch of technology. Electronics and semiconductor engineering is one of the largest and fastest growing industries. This growth has entailed a wide range of patent filing, all through. Electronics and semiconductors covers a wide range of applications we use daily, such as Television, Radio, computers, telecommunication etc, which make our life easier and enjoyable. It helps us see, hear and communicate over enormous distances and accomplish tasks faster. Electronics plays a major role in industries like oil, energy, agriculture and many other important sectors of economy. Electronics and semiconductor patents form a subclass of electrical patents. The electrical patenting class is broadly classified into many subclasses based on the area of nce. Some subclasses include Digital Electronics, Analog Electronics, Micro Electronics, Fuzzy Electronics, Application Specific Integrated Circuit Design, Semiconductors and Semiconductor devices, etc.Patents are further classified based on the development of their active elements involving the design and testing of electronic circuits that use the electronic properties of components such as resistors, capacitors, inductors, diodes , microcontrollers, microprocessors and transistors to achieve a particular functionality. For example, 326 is the generic class for patents related to electronic digital logic devices, circuitry and sub combinations thereof, wherein non-arithmetical operations are performed upon discrete electrical signals representing a value normally described by numerical digits. It further has subclass 12 for redundant logic having a flip flop and subclass 37 for a multifunctional or programmable logic having a flip flop.
Integrated circuits and processing architectures are other categories protected by patents. Different aspects of these technologies such as architecture, applications or designs are protected by employing different intellectual property laws. As an invention, hardware architecture and their applications are protected as utility patents while Integrated circuit designs are protected as design patents. Hence, both design concepts and hardware are protected by patents. In discharging its patent-related duties, the United States Patent and Trademark Office (USPTO) examines patent applications and grants patents after establishing the patenting class and patentability of an invention. The claims of a patent serve as a guide in patent prosecution and infringement law suits.
There has been a steady growth in electrical, electronics and semiconductor patents being filed and granted by U.S. patent office since 1996. About 8, 16,349 electrical patents are being granted till December 31st 2004 and every year approximately 60,000 electrical patents are granted. U.S. Patent office has approximately granted 3, 70,000 semiconductor patents, 19,279 global positioning system patents, 75,109 electronics and communication patents.
Since its inception, the patent system has attempted to balance the tension between 2 competing objectives. On one hand, the law rewards technical innovation by granting exclusive rights to individuals for worthy inventions. On the other hand, it also seeks to increase the welfare of the society as a whole by providing it with the benefits of innovation. Electronics and semiconductor patents provide public with valuable information about how to use and implement new technology once it enters public domain.
One way to trace the development of electronics and semiconductor technology is to follow the development of its active elements, the switches and valves of electronics systems. A more recent trend in circuit design is to build custom integrated circuits that include as much circuitry as possible, often combining both analog and digital circuitry on a single substrate. This area is known as application specific integrated circuits (ASIC); the designers work with relatively small prefabricated circuits commonly called macro cells. In recent years there has been an increase in patent filing because in many industries and product development companies a division of innovative labor is emerging, resulting in the licensing of existing and prospective technologies. Hewlett Packard, Sanyo and Sony are some of the leading electronic companies in the world with a growing patent portfolio over the years.
Patent Infringement
One of the questions that patent holders may have is "who can be sued in a patent infringement lawsuit?" By law, any person who makes, uses, offers or sells something that is protected by a current patent, or who imports into the United States anything that is protected by a current patent, is guilty of patent infringement. Likewise, anyone that makes, uses, offers or sells any product or process that intentionally contributes to it is guilty of infringement as well. Finally, anyone who induces any action that infringes upon a current patent is guilty.If a company makes a new product that infringes upon an existing and in force patent, it is infringing upon that patent and can be sued. If a company creates a product that relies on a patented process without the permission of the person owning that patent, they are guilty and can be sued. In addition, the law can be interpreted to extend to any store or company that sells a product or process that is protected by a patent, as well as anyone who purchases and uses that product or process.
In other words, if AB Electronic Games were to create a new game system that used as part of its design the joystick that is patented by YZ Game Company, AB Electronic Games may be infringing upon YZ's patent and can be sued for that infringement.
Likewise, if YZ Game Company had patented a process that only allowed its games to be played on a game system manufactured by them, and AB Company came along and made an adapter using that process so that YZ's games could be played on any game system, they could be opening themselves to a patent infringement lawsuit. In addition, YZ Game Company would be within its rights to sue every retailer that sold AB's games or adapter, and every single person that used one of AB's games or adapters.
In reality, however, it's seldom practical to sue individuals who buy or use a product that infringes upon another's patent. Most patent owners will choose to sue the manufacturing company, the inventor or the importer of the product. Some judges will disallow patent infringement lawsuits against certain classes of defendants for various reasons. In many cases, the laws which cover these lawsuits and their interpretation vary from jurisdiction to jurisdiction. Determining who can and should be sued, and on what grounds they can be sued is not always easy for a layman. Even lawyers who don't specialize in patent infringement law may find it difficult to determine who can actually be sued in a particular instance.
Experienced patent infringement lawyers understand the current case law and how the U.S. Patent laws have been applied in patent infringement cases throughout the years. This is more true today than ever before, with the number of patent infringement lawsuits increasing with each passing year. Decisions that have been handed down in cases over the past five to ten years have opened the existing patent laws to new interpretations that can be utilized in a lawsuit by experts in the field.
If you are considering a patent infringement lawsuit or believe that your rights as a patent holder are being infringed upon, it's important to consult with a law firm of patent infringement lawyers who are familiar enough with the current case law and interpretations to evaluate your case on its merits. A good attorney can not only help you determine who can be sued for infringing upon your patent, but may see grounds for a suit that you or a less experienced lawyer might not recognize.
This is a matter that the courts take very seriously. If your invention is being used in whole or in part by someone else who does not have your permission, your rights as a patent holder are being infringed upon. When you bring a successful suit against the infringer, you may be able to:
- Stop future infringements when a judge orders an injunction against further use, sale or offer of the infringing invention or product
- Recover the cost, which may include projected future profits lost due to the infringement
- Recover certain litigation costs
- Recover attorney's fees
- Be awarded punitive damages that may amount to triple the judgment for actual damages
A law firm that specializes in this kind of litigation is the best judge of whether you have a good case of patent infringement. If you believe that your patent rights are being infringed upon, contact a patent infringement lawyer for a consultation to evaluate your case for a lawsuit.
Review and Analysis of Pfizer, Inc. V. Ranbaxy Laboratories Limited
The important points are that claim 2 is limited to an acid compound, and that claim 6 attempts to define the salt of the acid compound of claim 2 by refering to claim 2. The Court found claim 6 invalid because it interpreted claim 6's reference to claim 2 to require claim 6 to include all limitations of claim 2, and therefore to define an acid. However, claim 6's recitation "hemicalcium salt" does not define (and in fact is inconsistent with) an acid.An excerpt of the opinion showing the Court's legal reasoning follows:
We recognize that the patentee was attempting to claim what might otherwise have been patentable subject matter.[note 7 omitted] Indeed, claim 6 could have been properly drafted either as dependent from claim 1 or as an independent claim - - i.e., "the hemicalcium salt of atorvastatin acid." But, we "should not rewrite claims to preserve validity." Nazomi Commc'ns, Inc. v. Arm Holdings, PLC, 403 F.3d 1364, 1368 (Fed. Cir. 2005); see also Rhine v. Casio, Inc., 183 F.3d 1342, 1345 (Fed. Cir. 1999) ("[I]f the only claim construction that is consistent with the claim's language and the written description renders the claim invalid, then . . . the claim is simply invalid."). Ranbaxy correctly argues that claim 6 fails to "specify a further limitation of the subject matter" of the claim to which it refers because it is completely outside the scope of claim 2. We must therefore reverse the district court with respect to this issue and hold claim 6 invalid for failure to comply with § 112
The opinion also notes in footnote 3 that both parties stipulated that claim 6 was in fact a dependent claim. However, the stipulation was not a factor in the court relied upon it in its legal reasoning.
What this means in practical terms (unless this holding is overruled, and barring unusual facts) is that any claim in the form: "A first 'thing' of the second 'thing' of claim X" has a good chance of being invalid if the first 'thing' is not a species of the second 'thing.' In particular, claims like "2. A salt of the acid of claim 1" are likely invalid. The 'may' caveat exists for two reasons. As the opinion states, the parties stipulated that claim 6 was a dependent claim. Otherwise, it might have been construed as an incorporation claim. I find this possibility unlikely in view of the Court's reasoning. Second, a specification thoeretically could expressly define "acid" to also include within its meaning "salt" since a patentee can be his own lexicographer. I doubt many issued patents having this type of claim contain such a definition.
Clearly, a large number of issued patent claims are likely invalid in view of this decision. An obvious course of action for all patentees in view of this decision is to review their portfolio of patents, licenses, and due diligence files, to see which U.S. patents and applications have claims of this nature, and then determine suitable follow up actions. Such actions would include canceling licenses, reissuing patents, presenting new claims in continuation applications, and proceeding with commercial activity otherwise precluded.
A Brief Overview on the Israeli Patent Practice
The Israeli economy is characterized by modern industry, technological and scientific knowledge, intensive activity in foreign trade and a well-developed financial market. Since Israel’s natural resources are poor, priority is given to research and development investments to promote the technological and qualitative edge of Israeli products in international markets. In addition, Israel has a well-developed service sector, which fully supports industry via banking, accounting, legal and technological services.Israel is acclaimed for its highly skilled labor force, inviting the attention of international technological giants such as IBM, Microsoft, and Intel, which have established and maintain R&D centers. Teva, the largest manufacturer of generic pharmaceutics, is an Israeli enterprise, as are world-leading hi-tech enterprises such as Checkpoint, Alvarion and Aladdin Knowledge Systems. Additionally, the Internet revolution has produced hundreds of Israeli startups, the most renowned being Mirabilis, the manufacturer of ICQ, the famous instant messenger.
Israel’s legal system, particularly comprising Intellectual Property laws, has an excellent reputation. Israel is also a member of most major international conventions of Intellectual Property, such as the Paris Convention and the PCT Convention, implementing into the law most standards outlined in these conventions. A partial list of the conventions and treaties of which Israel is a member is cited at the end of this article.
Filing: A patent application has to be filed at the Israeli Patent Office in Jerusalem. The filing process is quite simple in comparison, for example, to the American practice. The filing fee is "modest", currently averaging about $200.
The specification of an application for patent may be in English, one of Israel’s official languages, in advantageous contrast to other countries, in which the applicant must have the entire specification or at least the granted claims, translated into local language.
Priority: An Israeli application may claim priority from a former application for patent in a “convention state” (generally speaking, a state or territory to which the Paris Convention applies) if the following terms are sustained:
·The former application for patent was filed no more than 12 months from the latter;
·An application for priority has been filed within two months from the filing date (of the Israeli application for patent);
·A certified copy of the former application (specification and drawings) was provided to the Israeli Patent Authority within 12 months from the filing date;
·In the case wherein the prior application is not drafted in an Israeli formal language, the Israeli Patent Authority may ask the applicant to provide a translation of the specification into an Israeli formal language (English being among such).
The Israeli Patent Examination: The Israeli Patent Authority performs an examination to determine whether the application complies with the Israeli law and regulations. This examination is usually fair and considerably less formal than, for example, the examinations of USPTO. Emphasis of the examination is on the worldwide common criterions for patentability: novelty, inventiveness, industrial applicability, and usefulness.
Not all inventions are eligible for patent protection in Israel. For example, mathematical formulae and methods for medical treatment of human beings are ineligible for patenting in Israel. It should be noted that methods for doing business are also ineligible for patenting in Israel. Practically, the Israeli Patent Authority has adopted the European attitude to software-related inventions and methods for doing business.
Prosecution: The Israeli Patent Authority starts the examination process about four or five years after the filing date in Israel, depending on the field of the invention. Nevertheless, the examination can be expedited in the event a third party is utilizing the claimed invention. The fee for applying for expediting an examination is about $150.
A response to an Official Action should be filed within four months, although the applicant has the option to delay his response. In this case a fee of about $15 per additional month should be paid. Generally speaking, the Israeli Examiner is not inclined to abandon an application for patent if the applicant thereof has failed to response to an Official Action within the required period. There is no limit on the “rounds” (Official Action and the response thereof) of prosecuting an application, and no fee need be paid upon issuing or responding to an Official Action.
According to Israeli patent practice, an amendment to the specification or claims requires replacing the previous pages with new pages. The new pages have to be marked by notations identifying the version of the page. For example, “123456/2” at the top of a page denotes that the page is the second version of the corresponding page of Israeli Patent Application Number 123456. In addition, the applicant must provide the marked up pages thereof.
Information Disclosure Statement: An applicant of an Israeli Patent Application is required to inform the Israeli Patent Authority about any existing prior art of which he is aware. This demand is continuous, expiring only at the Publication Date. In this regard, Israel has adopted the USPTO attitude.
Reliance on conclusions of examination in other countries: One of the most important points of patent prosecution in Israel is Section 17(c) of the Israeli Patent Law. This section enables the Examiner to adopt results of a parallel application examination in the following states: Austria, Australia, United States, Germany, Denmark, The United Kingdom, The Russian Federation, Japan, The European Patent Office, Norway, Canada and Sweden. In other words, if at the time the Israeli examination takes place, a patent on a parallel application in one of the aforesaid states has been granted, the Israeli Examiner is liable to adopt this result, and grant a patent. This spares the applicant excess prosecution effort.
Notice of Allowance: When the Examiner concludes that the application in its current form complies with the Israeli Law and Regulations, a Notice of Allowance is issued. After paying a fee of $120, the entire application, including the specification, is officially published. For three months following the Publication Date, anyone may file an objection to grant of a patent. Should such an objection be filed, the arguments presented are examined, and if the Examiner rejects the objections, or if no objection has been filed, a patent is granted.
Confidentiality: With the exception of general details such as the applicant name, the invention title, and so on, the specification is not available to the public until the Publication Date.
Maintenance fees: An Israeli patent may be in effect 20 years from its filing date. Nevertheless, this period can be extended up to five years in patents for medicaments.
The maintenance fees are as follows:
·Before the end of the 6th year from the filing date: $70;
·Before the end of the 10th year from the filing date: $420;
·Before the end of the 14th year from the filing date: $870; and
·Before the end of the 18th year from the filing date: $1050.
Alternatively, a patentee may pay $2250 in advance, for the entire 20 year period of the patent’s lifespan.
A delay in paying maintenance fees may result in abandoning the patent.
Patent attorneys: According to Israeli Patent Law, patent attorneys (as well as licensed practicing advocates) possess exclusive rights for wage brokering regarding patent prosecution, design and trademark registration, preparation of all documents for intellectual property authorities in Israel and abroad, and representation of applicants before the intellectual property authorities.
Conventions: Israel is a member of most major international treaties on intellectual property rights, including:
·Trade Related Aspects of Intellectual Property (TRIPS)
·Paris Convention for the Protection of Industrial Property, Stockholm revision (1967).
·Bern Convention for the Protection of Literary and Artistic Works.
·Rome Convention (1961): International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
·Patent Cooperation Treaty, (PCT) (Washington 1970)
·Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891); Lisbon revision (1958); Stockholm revision (1967).
·Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957); Stockholm revision (1967).
Comments on United States Patent Assignment Information
The text below is a copy of an email that I sent the Patent Interference User's Group (PIUG) on November 4, 2003, regarding United States Patent Assignment Information. My email was in response to a chain of emails discussing contents and accuracy of assignment information provided by the commercial database providers.I am dissatisfied with the possibility that you all may be relying upon commercial databases for assignee due diligence work. You should all keep in mind HOW the assignee information shown on the face of a U.S. patent gets there, WHAT it signifies, and WHAT you should search when checking on title of U.S. patents.
Someone fills out an "Issue Fee Transmittal form" for an allowed patent application. On that form, they write in the name they want to appear on the patent as the Assignee. Sometimes they get that wrong, for a variety of reasons. The name shown as the assignee on an issued U.S. patent is not conclusive evidence that an assignment exists, and it is not conclusive evidence that the entity listed as the assignee is, even at the time of issuance of the patent, the owner of the patent. It is just a name.
On the other hand, the assignment records, which are kept by the USPTO separate from the patent application files, list all assignments and related transfers of interests (primarily security agreements and licenses) for patent properties recorded in the USPTO. If you are interested in knowing the actual current legal assignee and providing persuasive proof a chain of title, the USPTO's assignment records are the best place to look, as opposed to the face of the published patent, or elsewhere. (BUT, see footnote and caveat below.) The assignment database generated by the USPTO shows the information the person filing a copy of the executed assignment writes on the "RECORDATION FORM COVER SHEET." The "RECORDATION FORM COVER SHEET" is the form they are obliged to file along with the copy of the actual executed assignment document. The USPTO's assignment database does not include the actual assignment document. Thus, the USPTO's assignment database and all databases derived from that database only reflect the information copied onto the recordation sheet. I believe that no database provider has copies of the actual assignment documents in an electronic database. The USPTO stores image copies of the actual assignment documents on micro fiche available at the USPTO, indexed by reel/frame. The micro fiche images can be printed and are the best evidence of assignment. Therefore, the best place to do an assignment search in the first instance, is at the USPTO. You can identify allegedly assigned patents by searching the assignment database, and then pull up the ACTUAL assignment documents by the reel/frame associated with each patent number.
When conducting due diligence assignment work, I often see discrepancies in the chain of title that would or should be resolved to perfect the chain of title. For example, I have seen in an assignment chain, the person executing an assignment on behalf of A to B is actually listed as an officer of company C, not company A. (Why did he sign the document? Maybe C owns A and that person thinks that C, not A, owns the patent and is assigning it. Not!) That assignment document would not result in a valid assignment, and B would not have valid title to the patent. The only way to identify that type of defect is to review the actual assignment documents. In any case, any due diligence assignment search should include review of copies of the actual assignment documents.
Defenses to Patent Infringement
If you have been named in a patent infringement case or believe that you may have a case to pursue compensation and relief for patent infringement on a patent that you hold, a firm of experienced patent infringement lawyers is your best resource for information.There are, however, a few principles of patent infringement litigation that are helpful to know. Among the most helpful to understand in building your case are the defenses to patent infringement that are most often used in patent infringement cases. The two basic defenses to a patent infringement lawsuit are non-infringement and invalid patent.
Non-infringement defense to patent infringement lawsuits:
In the first, the defendant tries to prove that their product or process does not infringe upon the existing valid patent for one or more reasons. It is usually the first line of defense to be considered. There is an infringement upon a patent when each "claim" in the patent is matched by an element of the infringing product. If the item that is claimed to be infringing does not match each of the claims in the patent, the case may be dismissed because no infringement exists.
In order to prove whether a device or process infringes upon the named patent, the judge or other examiner will first do a careful reading of the claims of the patent. Suppose the patent is for a device that has the purpose of extending the waistband of a skirt by means of an extension of fabric that is fitted with a buttonhole on one end of the extension and a button on the other.
A second company produces a product which consists of a fabric extension that has a buttonhole on one end, and three buttons at various points on the extension so that it can be adjusted to fit the waistband more accurately. The examiner must examine each of the "claims" made in the patent and then match them to the elements of the device in question. In this case, the examiner may find that patent infringement does exist because each of the claims in the patent is matched to an element in the infringing device, which is actually a modification of the patented process.
Invalid patent defense to patent infringement lawsuits
The other most common tack in patent infringement lawsuits is an attempt to invalidate the patent on one or more grounds. In order for there to be a judgment of infringement, their must exist a valid patent; it must be in force at the time of the alleged infringement; and it must meet all the conditions for obtaining a valid patent.
While one might assume that the very issuance of a patent would substantiate its validity, that's often not the case. There are a number of things that might invalidate an existing patent.
1.A prior art or novelty search may turn up descriptions or depictions of the patented application that existed before the date of invention. In this case, the patent may be invalidated because the application or item was not the first depiction of the device. The description or depiction must give enough detail that a person of "reasonable skill" could make or work the device based on that description.
2.The defense may hold that the patent is for a use or device that would have been obvious to anyone with reasonable knowledge or skill. If obviousness can be proved, then the patent may be invalidated and no infringement can have taken place.
3.The defense may charge that the patent holder did not exercise diligence in pursuing the patent application process. Most often, this charge will be brought if the patent's original application was outside the grace period allowed after publication of the patented idea or device.
4.The defense may argue that the subject of the patent is not a suitable subject for patenting.
Those are the most commonly claimed grounds to invalidate a patent in patent infringement cases, but there are many other grounds which could be used to defend against a charge of patent infringement.
In addition, the interpretation of patent law and the definitions of the elements of patent law frequently undergo changes during the course of court cases. As the number of patent infringement cases continues to mount, new defenses are being tried and old ones struck down.
If you are involved in a patent infringement lawsuit or are considering one yourself, it's important to have an experienced professional on your side.
Consult a law firm that specializes in patent infringement cases to get a thoughtful and realistic evaluation of your chances.
Need of Patent Attorney and Patent Firm
Irrespective of the size of the business, it is quite possible that legal problems do arise. In most of the large corporate a separate legal counsel body exists to combat these issues. But in case of small business, this may not happen. Here comes the role played by law firms in helping small business.No matter what kind of business you are in there will come a time when you will the need the services of a commercial law firm. The reasons for this are many; some of the important ones will be covered here.
The fact is that we live in a litigious society today and if your business is growing at a healthy rate at some point you will need a lawyer to help you navigate through the judiciary jungle. A Patent Firm will be able to help your business protect its assets and help you in times of legal dilemmas.
I have assisted large and small law firms with public relations campaign, television commercials, web site, yellow page ads and direct mail programs. Many of these efforts have been quite successful, generating thousands of dollars and many new clients for the law firms.
Lawyers and attorneys work on a tight time schedule and there is always a probability of not billing the right amount. There are times when while working manually, you might end up billing more or less hours but with the time tracking software there are no probabilities; it will give you the exact billed hours.
The Patent law firms and in house legal departments have enjoyed the benefits of a quicker turnaround time. The work left with the entity at the end of their day is completed and available when they arrive at work the next day.
Patent Attorney spends most of their time in procurement and licensing of patents. Procurement of a patent begins with the inventor describing his/her invention to the lawyer. You would then have to evaluate your client's description and think about its utility, novelty and obviousness of invention.
Most law practices are composed of clients who sought them out. The lawyers didn't pick the clients so many lawyers hate what they are doing. The new trend is to pick your clients and go after them.
Contract law allows these companies to restrict and limit use of these copyright works to a fine degree. For instance a photograph might be licensed for use in print media for a set price and electronic media for an entirely different price, or indeed prohibit these uses in their entirety.
The portal can also help your outside Patent firms and agents collaborate with you and inventors in real-time and enter information directly into your system. This will help you reduce administrative costs related to data re-entry and follow-ups and improve data integrity.
Hiring a Patent Lawyer
Many of us have seen the commercials on TV. Different law firms offering to help you make rich when you slipped in a store. Or maybe you were injured while at work. Just look in the phone book under attorneys and you will see a wide selection of ads touting lawyers of each kind ranging from personal injury, divorce, DUI, etc. But can you be sure if they are high quality? Just utilize this list to help you narrow down the potentials.1) Does your attorney's expertise suit your particular problem? You wouldn't go to auto mechanic if you had to have your refrigerator fixed. It's the same thing with lawyers. Make sure your lawyer specializes in your particular legal need. An example is, divorce law, criminal law, personal injury, etc.
2) How much would they charge you? This has to be negotiated before they are doing any work for you. Attorneys generally get retainer agreements before any work is carried out. It is suggested that you will get written statements explaining the costs for service and how often you will be charged. In addition you need to find out if there are any upfront costs. Finally if they are billing you on an hourly basis we suggest you request monthly billing statements.
3) Be truthful with your attorney. You could be tempted to lie to your attorney because you may be in the wrong with what happened. That would be a mistake you should tell your attorney everything so that they can give you a fair estimate of how the case will play out. Also he/she needs to know everything so that they can properly prepare for the case. Finally whether you hire the attorney or not you've what is called attorney-client privilege. This suggests that anything you tell them is confidential.
4) Is the attorney saying something that is simply too good to be true? If that's the case, it most likely is. While most attorneys are honest, moral individuals, not every one of them are. Some greedy lawyers will tell a client whatever they want to hear just to get the case. If an attorney is guaranteeing you an outcome or telling you not to worry about how much it will cost, you should be concerned.
5) Inform yourself. Now we're not saying you need to get a quickie degree in law but you need too arm yourself with the right knowledge.
For starters you should take the time to learn about your prospective lawyer. Asking the following questions should help:
Have you ever been disciplined by the state bar? If they answer yes you should look elsewhere.
How many years have you been in practice? The period of time in practice is not a guarantee one way or the other but this answer when added to the other answers should give you the bigger picture.
Do you have any client testimonials? Normally an attorney should be able to give you a few names and numbers of previous customers who were satisfied that you can contact. If not, you may end up less then satisfied yourself.
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