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Keywords

jurisdictionattorneynegligencemotionpatenttrademarkdue process

jurisdictionattorneyhearing

Related Cases

In Re Discipline of Peirce, 122 Nev. 77, 128 P.3d 443, 79 U.S.P.Q.2d 1695

Facts

Matthew Peirce, admitted to the Nevada bar in 1997 and also to practice before the USPTO, faced a twenty-four count complaint from the USPTO's Director of Enrollment and Discipline in July 2004. The complaint included allegations of negligence in handling patent applications and inappropriate associations with invention promotion companies. Peirce admitted to twenty-one counts of negligence and received a two-year suspension from the USPTO, after which he could apply for reinstatement. The State Bar of Nevada initiated reciprocal disciplinary proceedings based on this suspension.

Peirce, through counsel, notified the State Bar of Nevada about the discipline, as required by SCR 114(1). The state bar obtained copies of the pertinent documents and filed this petition for reciprocal discipline.

Issue

Whether the United States Patent and Trademark Office (USPTO) constitutes 'another jurisdiction' under SCR 114 for the purposes of imposing reciprocal discipline on an attorney.

Peirce argues that 'another jurisdiction' includes other state bars, not administrative tribunals like the USPTO.

Rule

SCR 114 mandates that upon learning of a Nevada attorney's discipline in 'another jurisdiction,' the state bar must file a petition for reciprocal discipline unless certain exceptions apply.

SCR 114 provides that upon learning that a Nevada attorney has been disciplined in 'another jurisdiction,' bar counsel is required to obtain a certified copy of the disciplinary order and file a petition for reciprocal discipline with this court.

Analysis

The court determined that the USPTO is indeed 'another jurisdiction' under SCR 114, as it has a disciplinary process similar to that of Nevada. Peirce's arguments against this classification were rejected, as the court found no due process issues or infirmities in the proof of misconduct. The court noted that the professional conduct rules violated by Peirce are applicable to all attorneys in Nevada, not just those practicing before the USPTO.

We therefore conclude that 'another jurisdiction' includes the USPTO. The professional conduct rules are similar, so that what constitutes misconduct before the USPTO is misconduct in Nevada.

Conclusion

The court upheld the two-year suspension imposed by the USPTO, concluding that identical discipline was warranted under SCR 114. Peirce is suspended from practicing law in Nevada for two years, effective June 1, 2005.

Peirce is suspended for two years beginning June 1, 2005, the effective date of the USPTO suspension.

Who won?

The State Bar of Nevada prevailed in this case, as the court agreed to impose reciprocal discipline based on Peirce's suspension from the USPTO, affirming that the misconduct warranted a two-year suspension.

The state bar maintains that a hearing is not required by SCR 114 and is not necessary in this case.

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