[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.62]

[Page 358]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.62  Refusing employment when the interest of the practitioner may impair the practitioner's independent professional judgment.

    (a) Except with the consent of a client after full disclosure, a 
practitioner shall not accept employment if the exercise of the 
practitioner's professional judgment on behalf of the client will be or 
reasonably may be affected by the practitioner's own financial, 
business, property, or personal interests.
    (b) A practitioner shall not accept employment in a proceeding 
before the Office if the practitioner knows or it is obvious that the 
practitioner or another practitioner in the practitioner's firm ought to 
sign an affidavit to be filed in the Office or be called as a witness, 
except that the practitioner may undertake the employment and the 
practitioner or another practitioner in the practitioner's firm may 
testify:
    (1) If the testimony will relate solely to an uncontested matter.
    (2) If the testimony will relate solely to a matter of formality and 
there is no reason to believe that substantial evidence will be offered 
in opposition to the testimony.
    (3) If the testimony will relate solely to the nature and value of 
legal services rendered in the case by the practitioner or the 
practitioner's firm to the client.
    (4) As to any matter, if refusal would work a substantial hardship 
on the client because of the distinctive value of the practitioner or 
the practitioner's firm as counsel in the particular case.