On Wednesday, March 22, 2023, the Supreme Court of California suspended attorney Elizabeth Yang for her failure to ensure that she was familiar with the USPTO Counsel Rule and USPTO trademark signature rules while representing clients in trademark proceedings.

The case is entitled “In the Matter of Elizabeth Yang,” and was brought by the State Bar of California with case no. S278238.

The charges cited California Rules of Professional Conduct 1.1, 1.3(a), 1.4, 3.3(a)(1)(3), (b), (d), 5.3(c)(1), 5.5(a) and 8.4(d). 

On May 31, 2022, a notice of disciplinary charges was filed against the respondent alleging that while representing clients in a trademark matter, she failed to provide competent representation by not ensuring she knew and understood the USPTO Counsel Rule and USPTO trademark signature rules, which were violated while representing trademark clients.

The Notice of Disciplinary Charges states:

“The specific findings made by USPTO – OED that support the allegation that the respondent violated RPC, rule 5.3(c)(1), or warrant the filing of this Notice of Disciplinary Charges as follows: respondent failed to monitor responsibilities regarding nonlawyer assistants by authorizing Sellergrowth to sign respondent’s name to trademark documents, including declarations, filed with the USPTO where respondent knew that Sellergrowth was preparing, signing, and filing such documents with the USPTO.”

The Notice of Disciplinary Charges continues:

“The specific findings made by USPTO-OED that support the allegation that respondent violated RPC, rule 8.4 (d), or warrant the filing of this Notice of Disciplinary Charges as follows: respondent committed professional misconduct by knowingly violating the Rules of Professional Conduct in allowing Sellergrowth to use respondents attorney  credentials while engaging in the unauthorized practice of law, providing legal advice during unsupervised consultations with trademark applicants, and by fail ing to monitor responsibilities regarding nonlawyer assistants by authorizing Sellergrowth to sign respondent’s name to trademark documents, including declarations, filed with the USPTO.”

Following the charges filed against her, attorney Yang filed her answer on June 27, 2022, wherein she denied each and every allegation contained in paragraphs 5-14 of the notice of disciplinary charges.

In relation to these findings, the court decided to favor the State Bar of California, thereby suspending the respondent from the practice of law.

The Disposition states:

“The court orders that Elizabeth Yang (Respondent), State Bar Number 249713, is suspended from the practice of law in California for one year, execution of that period of suspension stays, and Respondent is placed on probation for one year subject to the following conditions:

I. Respondent is suspended from the practice of law for the first 30 days of probation; 2. The respondent must comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its Decision filed on December I, 2022; and 3. At the expiration of the period of probation, if Respondent has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated.”

Ms. Yang practices in Monterey Park, California. She is licensed in California. Her info can be found on appscalbar.ca.gov.

A copy of the original filing can be found here.