An Opinion of Counsel from Trial Counsel: A Handful of Sand?

American Intellectual Property Law Association Quarterly Journal, Vol. 35, No. 2, Spring 2007

24 Pages Posted: 5 Feb 2009

See all articles by David C. Hricik

David C. Hricik

Mercer University - Walter F. George School of Law

Date Written: February 4, 2009

Abstract

This article examines the ethical and liability issues that arise when patent litigation counsel authors an opinion of counsel, often used to rebut a charge of willful infringement. Included is a discussion of advocate-as-witness disqualification, conflicts of interest, and privilege waiver.

Keywords: opinions of counsel, patent infringement, patent litigation, legal ethics, disqualification, malpractice

JEL Classification: K19, K41, K10

Suggested Citation

Hricik, David C., An Opinion of Counsel from Trial Counsel: A Handful of Sand? (February 4, 2009). American Intellectual Property Law Association Quarterly Journal, Vol. 35, No. 2, Spring 2007. Available at SSRN: https://ssrn.com/abstract=1337779

David C. Hricik (Contact Author)

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

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