New York Lawyer
November 5, 2002

Q:
I am a PhD with five years experience as a research chemist in Chemistry/Materials Science with a top oil company. I am very interested in becoming a patent agent and work for a law firm. Would the IP firms sponsor me -- whether for law school or for a patent agent bar examination? How do I get started?

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A:

Your chances of getting a corporate sponsor to underwrite your credentialing is greater than your chances of having a law firm pick up the tab. The likelihood of the latter is about nil.

While it is true that many law firms, whether large diversified firms or specialized boutiques, are paying astonishing levels of compensation these days, they are not throwing that money out on spec. There is a pretty solid supply of lawyers out there with solid engineering or technical backgrounds, good law school credentials and multi-jurisdiction bar admissions. Few firms see the need of "growing their own," particularly when the value of their investment may not be fully realized for three or four years.

Some corporations do sponsor internal career shifts -- particularly where the employee has worked for them for awhile (suggesting loyalty), has a valid reason for seeking a fundamentally new role (maybe he/she is plateaued, or a business unit or research project has wound down or been spun off), and promises to stick around long enough for the company to amortize its investment.

Moreover, if your chemistry background has made you a subject-matter expert either in some type of product or some kind of market -- and if your company has a large patent/IP group employing numerous sub-specialists -- you can make the case you are supplementing your value rather than making a loose-cannon career carom. Undr those circumstances then, yes, maybe you can make a strong, logical pitch for them to "invest in you."

Remember, however, that these companies are not in business to be charitable or to make life rosy for you. They want to pay value to get value. So if you are a uniquely talented bench scientist, do not expect them automatically to be delighted when you announce you want to move on and leave a possible hole in that part of their organization.

Frankly, probably the best way to "get started" is to apply to law school on your own, demonstrate your ability to perform in the law school environment, put together a "career action plan," and then approach your boss about getting some sponsorship.

Oh, yes, this sort of arrangement happens most often when the economy is booming, the company is growing, and its need for talent is pronounced. This does not sound like the fourth quarter of 2002.

Sincerely,
Douglas B. Richardson
President, The Richardson Group