Monday Mentors with Houston IP Lawyer Robert Lord

Robert Lord, Managing Shareholder and intellectual property lawyer with Ferguson Braswell Fraser Kubasta PC (FBFK), is our guest today. Robert talks about how to make the most of your COVID time, being decisive, and the conversational interview.

His firm/practice

• Offices in Texas (Houston, Plano) and Silicon Valley
• Focus is comprehensive business law, including IP which is his area
• IP Law update
  • Patentable subject matter.
    • Is this thing patentable?
    • Courts and Congress haven't figured this out yet, so practitioners and the Patent & Trademark Office (PTO) have been stuck in the middle.
    • The current Patent Commissioner has provided helpful guidance.
    • Draft broadly so that a patent can absorb changes in the law
  • Design patents - purely ornamental and how it looks/appears (not how it works). This has taken off!

COVID update (as of 12/10/20)

• Business hasn't been impacted too much; still very busy
• "How" they serve clients has changed and adapted
• Bankruptcy practice grew significantly (most from the standpoint of helping clients move up the ladder in another company's bankruptcy)
• Lots of business formations still happening
• Counseling businesses on PPP
• Courts have slowed down on the patent side, while trademark business has increased
  • Lots of rebranding
  • Lots of online
  • Trademark protection
• Many of their IP clients have had more time/opportunity to be creative and invent, so they have thrived.
  • videoconferencing, etc.
  • One of their clients created Corona-can for killing the virus in places like conference room prior to meetings; they recently got a $4M investment
• Have to be ready to pivot and take on challenges
• Firms that stick with companies as they go through these challenges will benefit
• Growth has been challenging with conducting interviews.
• Looking forward to
  • continued/more use of videoconferencing in place of in-person hearings, administrative proceedings, etc.
  • more flexibility for employees to work from home/elsewhere

Advice for lawyers in practice

• Find someone who can be a mentor and advocate for you within your firm
  • Not necessarily someone you have to work directly for
  • Helps you learn how to actually be a lawyer within a firm
  • An "advocate" is someone who can go to bat for you
    • if something about you is being questioned they can stand up for you
    • if there is a judge who is criticizing, they can intervene
    • if there are opportunities (partnership, etc.) they can fight for you
• Regarding the work
  • Be decisive and give an opinion. Don't just do the research and give both sides of a decision without suggesting one. Don't be afraid to be wrong! (Ex. "I don't know if it is right for this client, but here is how I see it...")
• Regarding the human side
  • Be someone who cares (about the firm, your colleagues, staff, and the clients)
• BOTH of those last two are critical

Advice to lawyers who are job seeking

• Their interviews are more conversations so that both sides can get to know each other
• Most of the competence questions are gleaned from the resume, work product, etc.
• Candidates should be transparent and up front about obvious gaps or oddities in the resume. Don't apologize for it, but explain it
• Going on and on about yourself without asking questions or learning about the firm raises flags and makes you look desperate for any job. Don't you want to know if this will be a good fit? Don't you want to know what it's like to work here?
• If you are uncomfortable interviewing in person during the pandemic, that's okay. Video interviews or socially distant in-person interviews can work. And if the firm isn't flexible or doesn't line up with where you are, it might not be a great fit.

Rapid Fire Questions

• Name the one trait/characteristic you most want to see in an associate: decisive
• What habit has been key to your success: responsiveness
• What is your favorite app/productivity tool: Outlook (multiple time zones feature)
• What is your favorite social distancing activity: Virtual Happy Hour
• What is your favorite legal movie: The Firm and Legally Blonde

Thanks so much to Robert Lord for joining us on the show!