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    ComplaintsforEdward S Sherman

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    • Complaint Type:
      Product Issues
      Status:
      Answered
      Lawyer spent the retainer provided for work not authorized prior. We asked to file a patent , were waiting on the *** drawings to provide him and he spent through our retainer before we got to filing. This attorney is unethical and unprofessional.

      Business response

      07/28/2022

      From: Edward Sherman <********************>

      To: ******************** <********************>

      Cc: **************** <******************************>

      Sent: Wednesday, July 27, 2022 at 07:04:14 PM PDT

      Subject: Response to Complaint ID: ******** in your letter of July 18, 2022.

       

       

       

      EDWARD S. SHERMAN, Esq.

      PATENT ATTORNEY

       

      I believe this matter is already resolved with the client, whom I have asked to withdraw the complaint.

       

      Although the complaint is totally devoid of any merit, I made a generous offer to compromise by capping the fees for my services at the initial deposit of $ 3K. The client has only deposited $ 2K to date, and now has my draft patent application.

       

      While the complain says I "spent the retainer for work not authorized prior", this is simply false. The client asked for an estimate of the cost of legal services to prepare and file a design patent. I provided an initial estimate.

       

      However, in follow up conversations, supported by over 10 e-mails, the client then asked my opinion with respect to a competitive product and third party design patent. I advised I would need to conduct a prior art search and other legal research to advise if the product as designed would infringe this 3rd party patent and trade dress rights of the competitor, which may necessitate product design changes.

       

      I then prepared and presented a fee agreement that included this additional work within the scope, as the first matter so the client would benefit from my guidance before completing the product design. I requested a $ 3K deposit in a written fee agreement which had a detailed listed of matters and the work I would undertake before proceeding to the next matter. The client e-signed this agreement, and asked the initial deposit be reduced to $ 2k. I agreed to accept a lower initial deposit, as the agreement gave me the right to ask for additional deposits as the scope of the work and complexity may vary. The  $ 2K deposit was more than the initial estimate I provided the client, so clearly the client understood from the e-mails, telecoms and fee agreement, that my services went well beyond the initial inquiry.

       

      I then proceeded to provide the services listed in the fee agreement, which included presenting the client with recommendations in a Zoom video conference, after which I asked that the remainder of the initial deposit be paid, and informed them the value of my time to that point exceed $ 2K. I then promptly invoiced for this amount,  with the invoice detailing precisely the services listed in the fee agreement.

       

      When the client threatened making the complaint I forwarded the chain of e-mail and the portion of the fee agreement listing the services I intended to provide and did provide. This was done on the same day the complaint was filed with the BBB. I also requested the client authorize me to withdraw the $ 2K from the trust account to pay the invoices. I also served on the client the ************************** notice of a right to arbitrate fee disputes.

       

      It was at this point I proposed to cap the fees at $ 3K, for both the research, advise and services to date, and additional work to compete the design patent, pending receipt of new line drawings that would be ready to file.

       

      This proposal was accepted by sending the *** file and asking me to continue to work on these matters. I have now forwarded a draft of the application, including the line drawings I had to spend hours generating from the *** file.

       

       I am still waiting for:

       

      1. the additional $ 1K deposit to be made to my trust account

      2. formal withdrawal of this complaint

      3. authorization to withdraw the $ 2K from my trust account to pay the initial invoice.

       

      I find this complaint to be false and defamatory, in violation of the non-disparagement clause in my fee agreement. If the client does not now withdraw the complaint and the BBB proceed to publish it, I will consider naming the BBB as a co-defendant in a civil action for defamation.

       

      Edward S. Sherman, Esq.

      Patent Attorney

       

      Suite 303 * **** ******************** * ************** * ** * 95403

      ************* (voice) * ************* (fax)

      ******************************

      *****************

       

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