What can my friend do if an attorney wants to be paid a percentage of her invention for an unrelated case?
One of my friends is 'fighting' for a ARMY-VA Service Connection-pension. Her VA attorney not only faxed her a contract to get the 20 percentage if the case is won, but also found that she (my friend) is an inventor of an utility granted patent with the USPTO. The weird situation is that this attorney (a man) is a VA attorney, not an intellectual (nor hers) lawyer, etc. So, this attorney found by TV that she has something very valuable, but this man insisted she to sign for her 30 % of her patent! Now she is in panic because now this guy also wants the original 20% and now her 30% of something that don't belong to the VA case. What can she do? Where can she go? Please help, she still have not faxed back that contract to him, and he keeps calling her to fax it.
Answered By: Intellectual Property Center, LLC
This seems pretty outrageous. Most contingent fee lawyers charge between 20 to 40%. If they are paid by the VA, then i'm not sure they should be charging her.
Answer Applies to: Kansas
Replied: 7/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 7/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Michael M. Ahmadshahi
It's best to take the documents to an attorney for review before signing.
Answer Applies to: California
Replied: 6/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 6/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Malhotra Law Firm, PLLC
She obviously does not need to agree. She can seek another attorney or cross out the part about the patent.
Answer Applies to: Washington
Replied: 6/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 6/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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