The nation’s patent court issued a “public reprimand” of a big time IP lawyer and made him give up his post. In a 14-page order, the eleven judges reprimanded Edward Reines of Weil, Gotshal & Manges LLP for attempting to solicit clients with a complementary email sent to him by Judge Randall Rader, the chief judge of that court.
Here’s what occurred: Just after Mr. Reines argued two patent cases at the Federal Circuit, Judge Rader sent him an email, letting him know that the judges on the panel thought he had done well. The email described a recent conversation in which another judge purportedly told Mr. Rader that Mr. Reines was “IMPRESSIVE in every way.”
Added Mr. Rader: “I was really proud to be your friend.” He also encouraged Mr. Reines “to let others see this message.” He signed the note “Your friend for life, rrr.”
Mr. Reines then sent the email to “no fewer than 35 existing and prospective clients,” according to the order, in an attempt to solicit up new business.
Later news of the email led to Judge Rader’s resigning his position as chief judge. Judge Rader said he regretted sending the email, adding that the email was “a breach of the ethical obligation not to lend the prestige of the judicial office to advance the private interests of others.”
The court, under its new chief judge, Sharon Prost, then took up the matter of Mr. Reines. In June, it asked him to “show cause why he should not be disciplined for conduct unbecoming a member of the bar.” After hearing from Mr. Reines, the court on Wednesday issued its opinion: a public reprimand for violating an ethical rule.
According to the ruling:
It would blink reality not to view respondent’s action as suggesting his retention because his special relationship would help to secure a favorable outcome at the Federal Circuit. Under these circumstances, forwarding the email to clients and potential clients “impl[ies] an ability to influence improperly a government agency or official to achieve results by means that violate the Rules of Professional Conduct or other law.”
The court didn’t say why the punishment wasn’t more severe, like revoking Mr. Reines’s ability to practice at the Federal Circuit. But it did raise several points that, in its eyes, “mitigated” the severity of Mr. Reines’s behavior: Mr. Reines is “well-regarded” among the patent bar, and has never been disciplined before. Additionally, Mr. Reines, according to the court, recognized what he did was a mistake, and apologized for it. Good man. He’ll be fine.
In almost every State, a lawyer may not solicit clients directly. At the law firm of William A. Miller in Scottsdale, Arizona we follow this and other Rules to the fullest. We have over 28 years of successful practice without- unlawful conduct.
We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

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