what does a licensing attorney do

by Vivien Koelpin II 8 min read

Professional license attorneys are lawyers who practice administrative law, a type of law that deals with the regulation and operation of procedures within government agencies.May 7, 2019

What exactly is a lawyer?

May 07, 2019 · Professional license attorneys are lawyers who practice administrative law, a type of law that deals with the regulation and operation of procedures within government agencies. As occupational licenses are handled and overseen by governmental boards, a professional license defense lawyer is primarily an administrative law attorney who focuses on matters …

What does an intellectual property licensing lawyer do?

A licensing attorney can create the legal framework to protect your ownership of your patent, trademark, or copyright. Intellectual property licensing lawyers create licensing contracts for individuals or businesses that have created original works, and they will help maximize the revenue gained from licensing these products.

Do I need a licensing attorney?

May 12, 2010 · Education: After earning a bachelor's degree, an aspiring attorney must earn a juris doctor (JD) degree from a school of law. The law school must generally be accredited by the American Bar Association (ABA) to meet attorney licensing requirements in most states.

How do I find out if a lawyer has a license?

Lawyer Licensing. Lawyers are licensed by a state agency in each state. That agency can help you to find out if a person has a law license and is permitted to practice in a particular state. Select a state from the list below for the agency in your state. New Hampshire - Call the New Hampshire Bar Association (603-224-6942) to determine if a person is licensed to practice law and in good …

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What is professional licensing defense?

A professional license defense lawyer helps professionals protect their licenses when facing complaints, investigations, or other licensing issues.May 17, 2019

What is a professional attorney?

Individuals who have been appointed as an attorney in an LPA fulfil an important legal function. ... However, you do not have to be a lawyer or solicitor (or any other kind of professional) to take on the role.

What is an attorney's purpose?

An attorney provides legal advice to individuals who require proper representation in legal proceedings. As an attorney, they make sure that they clients (organization or individuals) receive maximum representation offered by the law.

Who revokes a lawyer's license?

We found 1 solutions for Revoke A Lawyer's License To Practice. ....Revoke A Lawyer's License To Practice. Crossword Clue.RankWordClue2%ATTEMPTTOSeek a lawyer's license19 more rows

Who can be an attorney?

The person appointed to act on behalf of the donor is called an attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.

Who is the best person to be power of attorney?

Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best.Mar 14, 2020

Who receives legal work from attorneys?

paralegalA paralegal works in a legal office, and is generally responsible for performing certain legal work on behalf of a lawyer or attorney. Paralegals, essentially, are legal assistants. A paralegal can do work such as: Interviewing clients.Nov 20, 2020

How much do attorneys make?

Comparatively, according to the US Bureau of Labor Statistics the national average annual remuneration of a lawyer is just below $145 000, approximately $12 000 monthly. With a 2019 national average income (all industries) of $68 703 annually and $5 725 monthly.Apr 19, 2021

Are lawyers and attorneys the same thing?

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Can a lawyer lose their license?

Disbarment is the most severe sanction for attorney misconduct, which involves the removal of an attorney's license to practice law.

What is the meaning of disbarment?

: to expel from the bar or the legal profession : deprive (an attorney) of a license to practice law usually for engaging in unethical or illegal practices — compare debar.

Can you be a lawyer with a felony in California?

People who wish to become an attorney in California can have their bar applications denied for lack of positive moral character. In many cases, a criminal history is evidence of poor moral character. However, the State Bar may still accept applicants with criminal histories if they can show proof of rehabilitation.Nov 9, 2021

What a Licensing lawyer can do for you

A licensing attorney can create the legal framework to protect your ownership of your patent, trademark, or copyright. Intellectual property licensing lawyers create licensing contracts for individuals or businesses that have created original works, and they will help maximize the revenue gained from licensing these products.

Why hire a Licensing attorney

If you are a copyright, trademark, or patent owner and someone wants to use, for example, your artwork, trademarked slogan, or patented invention, you may benefit from the services of a licensing attorney. Licensing attorneys write contracts that protect your intellectual property rights.

Did you know?

The top 5 receiving offices for patent applications in 2010 are as follows: 1. United States 2. China 3. Japan 4. Republic of Korea 5. European Patent Office

What is an attorney?

An attorney, also called a lawyer, advises clients and represents them and their legal rights in both criminal and civil cases. This can begin with imparting advice, then proceed with preparing documents and pleadings and sometimes, ultimately, appearing in court to advocate on behalf of clients.

Where do attorneys work?

Most attorneys work in private or corporate practices, but local or state governments or for the federal government employ others. Some serve as in-house counsel for corporations, which means they're actually employed by the companies they represent. Almost a quarter of all attorneys are self-employed. In all cases, however, the majority of their work is spent in offices.

What are the skills required to become an attorney?

In addition to the educational and licensing requirement, an attorney needs certain soft skills to excel in this field: 1 Communication skills: An attorney must be able to communicate well both in writing and orally. They must also be excellent listeners. 2 Nerves of steel: An attorney must remain unflappable when things go wrong in court in front of a critical audience—and they sometimes will. 3 Critical thinking skills: An attorney must have strong problem solving and critical thinking skills in order to identify problems and come up with solutions, then choose and implement the best one. 4 Research skills: Much about this profession requires being able to isolate and identify pertinent information. 5 Interpersonal skills: These skills can be even more important in delicate areas of specialty, such as family law, in order to establish a supportive relationship with clients at times when they might not be at their best.

What is the law school test?

The law school must generally be accredited by the American Bar Association (ABA) to meet attorney licensing requirements in most states. Testing: Admission to the vast majority of law schools requires first passing the Law School Admission Test (LSAT), which measures the candidate's affinity for studying law.

How many hours do lawyers work?

The majority of lawyers work full time, and many work more than 40-hour weeks, particularly those employed by large law firms or who work in private practice.

Do attorneys have to be admitted to the bar?

Some also write for their school's law journal. Admittance to the Bar: Attorneys must be admitted to the bar association of the state in which they want to practice. This requires "passing the bar," a written examination that includes taking a written ethics exam as well in some states.

What do I need to take to become an attorney?

Before prospective attorneys can take the bar exam, they usually graduate first with a bachelor’s degree from an undergraduate institution. Then, they must prepare for the Law School Admission Test (LSAT), which primarily tests logic and reasoning skills.

What happens if a lawyer violates a law?

Once attorneys are admitted to the bar, they must follow strict rules of professional conduct. If a lawyer violates a rule or commits malpractice, he or she may have her law license revoked or suspended, and their licensure status published.

What is the state bar?

Each state has a governing body, known as the state bar, which regulates the practice of law in the state. An attorney must be licensed to practice law. Licensed attorneys may practice federal law and the law of the state where they are licensed, although admission to a federal court district is not automatic.

How long is law school?

Law school is typically a three-year program that teaches future lawyers the law, critical thinking, legal advocacy, persuasive writing, oral argument and their ethical responsibilities. There are schools that have part-time programs, which might extend the education period by a year or two.

How many days are the bar exams?

The bar exam is a rigorous two or three-day written test held twice a year. In most jurisdictions, it is comprised of multiple-choice questions for the Multistate exam portion, a state law portion consisting of some combination of essays, multiple choice and short answer, and legal skills assessment.

What is the LSAT score?

The LSAT score will be taken into account when an individual applies for law school, along with the rest of their educational and other achievements. The individual then must usually graduate from an accredited (by the American Bar Association) law school.

How long does it take to prepare for the bar exam?

Successful bar candidates typically devote two or three months to prepare for the exam. Some states have adopted a Uniform Bar Examination model for their state bar exam. It consists of the multiple choice Multistate Bar Examination, the Multistate Essay Examination and the Multistate Performance Test.

What is a lawyer?

What exactly is a lawyer? A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today’s lawyer can be young or old, male or female.

What is a lawyer called?

In some countries, a lawyer is called a “barrister” or a “solicitor.”.

How long does it take to become a lawyer?

Before being allowed to practice law in most states, a person must: Have a bachelor’s degree or its equivalent. Complete three years at an ABA-accredited law school. Pass a state bar examination, which usually lasts for two or three days. The exam tests knowledge in selected areas of law.

Can a lawyer practice in more than one state?

Not automatically. To become licensed in more than one state, a lawyer must usually comply with each state’s bar admission requirements. Some states, however, permit licensed out-of-state lawyers to practice law if they have done so in another state for several years and the new state’s highest court approves them. Many states also have provisions for lawyers to participate in specific cases in states where they are not licensed. The lawyer in such a case is said to be appearing pro hoc vice, which means “for this one particular occasion.”

Can a paralegal represent you?

Not necessarily – you may represent yourself. And, in some specialized situations, such as bringing a complaint before a government agency (for example, a dispute over Social Security or Medicare benefits), nonlawyers or paralegals may be qualified to represent you. (Paralegals are nonlawyers who have received training that enables them to assist lawyers in a number of tasks; they typically cannot represent clients in court.) If you are in this situation, ask the government agency involved what types of legal representatives are acceptable.#N#There are many matters you can deal with yourself, if you know how to go about it. For example, you can represent yourself in traffic or small-claims court, or engage in negotiations and enter into contracts on your own. But if you are not sure about the consequences of your actions or are uncertain about how to proceed, getting some quick legal advice from a lawyer could be very helpful in preventing problems down the road.

How do lawyers spend their time?

Most lawyers normally spend more time in an office than in a courtroom. The practice of law most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice, and settling disputes.

Is legalese a foreign language?

These words and phrases, many rooted in Latin, are often jokingly referred to as a foreign language—legalese. Although some legalese may be necessary in order to communicate certain ideas precisely, a document that is understood by very few of its readers is just plain poor communication.

What is the role of a licensing agent?

THE ROLE OF LICENSING AGENTS. A licensor who does not want to spend time identifying and soliciting potential licensees and administering a licensing program may want to engage a licensing agent. The basics of licensing agent relationships are discussed below:

What is the licensor's agent relationship?

In many cases, the licensor enters into an agent relationship as a result of the licensor's confidence in the individual agent who will be handling the licensor's account. Accordingly, the licensor will want the right to terminate the agreement if that agent ceases to handle the account for any reason. Licensors and their agents should resolve the above issues in a written agreement before beginning an agency relationship.

What are the functions of an agent?

An agent's functions include identifying potential licensees for the licensor's property, representing the property at appropriate trade shows, presenting the property and licensing proposals to potential licensees, and negotiating license agreements. Some agents may also help the licensor develop ...

What is an exclusive agency?

Under an exclusive agency, the agent will be entitled to a commission from any license entered into during the term of the relationship, regardless of whether the license resulted from the efforts of the agent, the licensor or some third party.

Can a licensor terminate an agent's authority?

Under the common law of agency, the licensor can terminate the agent's authority to act on behalf of the licensor at any time. However, the licensor cannot terminate the agent's right to receive commissions from licensing deals entered into during the term of the agreement. A licensor who terminates an exclusive agent's authority to act ...

What is an agent agreement?

The agent agreement should list or define the properties that the agent will be authorized to represent, as well as the product lines and territories covered by the agreement. Some properties may have potential for publishing, software, film or other uses beyond the typical merchandise categories. The licensor may want to exempt those uses from the agent relationship, particularly if the agent does not have any experience or track record in securing licenses in those areas.

Can an agent guaranty a property?

An agent cannot guaranty the success of a property , and most are reluctant to enter into an agreement that permits early termination if the licensor's idea of success is not met. However, the licensor should always have the right to terminate the agreement if the agent fails to pay net royalties to the licensor within the time required under the agreement or enters into any license agreement without the licensor's approval. 10. Post Termination. Post termination issues are often ignored when entering into an agency relationship, but they can be the source of major disputes when that relationship ends. In general, an agent will feel that the success of a licensor's program is a direct result of the agent's efforts, and the agent will want to continue to be compensated for those efforts even after the agency relationship has ended. A licensor, on the other hand, will likely be reluctant to continue paying commissions to an agent who is no longer providing services, especially if the licensor has to retain and pay another agent to continue the program. Some alternatives for addressing these competing concerns are as follows:

Proceed with caution when entering into an arrangement with an attorney who will act as your licensing agent

Proceed with caution when entering into an arrangement with an attorney who will act as your licensing agent.

Make Sure the Attorney Has the Needed Qualifications

If an attorney offers to represent your product, you should take the same precautions as you would with any agent. Due diligence is critical.

Protect Yourself With a Well-Drafted Representation Agreement

If you decide to do business with the attorney as your licensing agent, you need to reduce the terms of your relationship to a contract. You should not simply proceed based on an oral agreement or any implicit trust you might have in the attorney.

Make Sure the Attorney Doesn't Have Conflicts of Interest

Another concern about having an attorney act as an agent is that the possibility for a conflict of interest. A conflict of interest occurs whenever a lawyer represents adverse interests, for example, if your attorney also represents the licensee. Imagine that you had a new invention for a soda-making machine.

Paying by Commission

What if the attorney does not want to represent your invention and is willing to waive his or her typical fees for performing legal duties in exchange for a piece of the action? For example, maybe the attorney is willing to draft the patent application or assist in the negotiation of the license in exchange for royalties from the license.

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Functions of The Agent

  • An agent's functions include identifying potential licensees for the licensor's property, representing the property at appropriate trade shows, presenting the property and licensing proposals to potential licensees, and negotiating license agreements. Some agents may also help the licensor develop and position its properties so that they will be suitable and attractive c…
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Scope of The Agency

  • The agent agreement should list or define the properties that the agent will be authorized to represent, as well as the product lines and territories covered by the agreement. Some properties may have potential for publishing, software, film or other uses beyond the typical merchandise categories. The licensor may want to exempt those uses from the agent relationship, particularl…
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Exclusivity

  • Most agent appointments will be exclusive. This means that the agent is the only agent that can represent the licensor. Under an exclusive agency, the agent will be entitled to a commission from any license entered into during the term of the relationship, regardless of whether the license resulted from the efforts of the agent, the licensor or some third party.
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Ownership and Control

  • The licensor should always retain ownership of the property and should have final approval over all license terms. The licensor should also sign all license agreements and retain final approval rights over all artwork and product prototypes and samples. The agent should never acquire any interest in the property, and should not be a party to any license agreement, other than to be desi…
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Commissions and Expenses

  • Commissions for licensing agents generally average between 30% to 40% of gross licensing revenue, and may run as high as 50%. In addition, some agents require the licensor to pay part or all of certain expenses incurred by the agent in representing the licensor. These expenses may include trade show costs, costs of creating promotional packages and display and solicitation …
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Term

  • Most agents require a minimum initial term of two or three years, since it often takes that long to develop a property, find licensees and begin to receive royalties. The licensor will usually have to concede on this point, but may be able to get the right to terminate the agreement earlier if certain performance benchmarks, such as a minimum amount of royalty income or a minimum number …
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Renewal

  • The agent will not want to invest a substantial amount of time and effort on the licensing program unless it will have the opportunity to stay around and reap the rewards from that investment. Accordingly, the agent will usually want an option to renew the relationship for one or more additional terms. Typical renewal options include: (i) automatic renewal, unless either party give…
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Termination of Authority

  • Under the common law of agency, the licensor can terminate the agent's authority to act on behalf of the licensor at any time. However, the licensor cannot terminate the agent's right to receive commissions from licensing deals entered into during the term of the agreement. A licensor who terminates an exclusive agent's authority to act and retains another agent before the end of the t…
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Termination of Agreement

  • An agent cannot guaranty the success of a property, and most are reluctant to enter into an agreement that permits early termination if the licensor's idea of success is not met. However, the licensor should always have the right to terminate the agreement if the agent fails to pay net royalties to the licensor within the time required under the agreement or enters into any license a…
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Assignment

  • In many cases, the licensor enters into an agent relationship as a result of the licensor's confidence in the individual agent who will be handling the licensor's account. Accordingly, the licensor will want the right to terminate the agreement if that agent ceases to handle the account for any reason. Licensors and their agents should resolve the above issues in a written agreeme…
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