Ethics

One thing I focus on is ethical issues in patent practice (prosecution and litigation), and to a lesser extent, issues that arise in trademark practice.  I've been doing it for about 20 years (yes, that makes me feel old), and I've just got to remark how many more claims are arising nowadays. I'm not sure I can scientifically say it's the case, but my casual view is that patent firms in particular are becoming enormous targets.

Why?  In part, the pendulum went from "every patent is good" somewhere back toward the old days when "no patent is good," and so it's easier on the law to attack patents, and, as a result, easier to say that something went wrong during prosecution that caused the harm.  Second, and somewhat conversely, though, damages are easier to prove, and are available in higher amounts, than they were previously. Summary judgment that had been granted to a law firm that allegedly had missed a deadline that caused the loss of a patent was recently reversed, for example, in a Wisconsin Supreme Court case, Accuweb v. Foley & Lardner.

Anyhow, it's an interesting development. I'm not sure if it reflects a broader trend toward simply more malpractice claims, or whether it's an isolated issue that does relate specificall to patent practice.  Anyone in other specialties have a clue?