In-Pro-Pers

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1. Laws Mr. Emerson Will NOT Violate.

Mr. Emerson is NOT an attorney, which means he cannot "practice law" without violating laws that prohibit non-attorneys from practicing law. Unfortunately "practicing law" is nowhere defined in the law, so Mr. Emerson is extremely cautious and will NOT enter into any "gray area." Mr. Emerson's work frequently consists of drafting papers that get filed in court, which would clearly be "practicing law" EXCEPT when it is done for an attorney. Thus, when Mr. Emerson works for an attorney, it is the attorney who is practicing law (rather than Mr. Emerson).

The United States Patent and Trademark Office ("USPTO") has separate rules. In order to work on patents for another person, one must be registered with the USPTO as a patent "practitioner." Non-attorneys CAN be registered patent practitioners, but Mr. Emerson is NOT a registered patent practitioner. The law clearly permits Mr. Emerson to draft a patent application for a registered patent practitioner (who need not be an attorney).


2. Non-Attorneys Who Are In Pro Per in a Legal Action.

This section is for non-attorneys.

If you are NOT an attorney, then, in order for you utilize Mr. Emerson's services in connection with a legal action (such as a lawsuit or a family law matter), an attorney MUST be involved. Mr. Emerson can refer you to an attorney who is familiar with the high quality of his work and will not charge you too much for his/her services (because the attorney knows Mr. Emerson will be doing most of the work).

Mr. Emerson will work directly with you, but he will send the documents he drafts (and also his invoice) to the attorney, with copies to you. This requirement might seem like a waste of your money, but it is MANDATORY to protect Mr. Emerson.

You are responsible for making separate financial arrangements with and paying the attorney. Payments on Mr. Emerson's invoices do NOT include payment for the attorney's services. If you fail to meet this obligation with the attorney, Mr. Emerson will cease all work on your matter.

3. Attorneys Dealing with a Co-Party Who Is In Pro Per.

This section is for attorneys.

Sometimes a group of non-adversarial co-parties (typically co-defendants) collectively participated in the matters giving rise to a lawsuit, but one party cannot afford representation and is forced to go in pro per. If you are the attorney of record for the other parties, then you might want to refer the pro-per party to Mr. Emerson. The pro-per might be able to afford Mr. Emerson's services but not yours. You, as an attorney, would charge the person a small amount to review Mr. Emerson's work, thereby protecting Mr. Emerson from violating the law.

This arrangement can work quite well, and it can help you present a BETTER case for the parties you represent by preventing the pro-per from screwing up. For example, the pro-per might not know how to respond to discovery, miss deadlines, and then be faced with motions to compel. This can make the party you represent look bad. Mr. Emerson can solve this problem.

4. Inventors.

This section is for inventors who want Mr. Emerson to write their patent.

In order for Mr. Emerson to write your patent, a registered patent practitioner MUST be involved. Mr. Emerson can refer you to a registered patent practitioner who will not charge you too much for his/her services (because the practitioner knows Mr. Emerson will be doing most of the work).

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