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Real Lawyer Reacts to Suits (Episode 2 - Cell Phone Patent Problems!) - YouTube
Channel: LegalEagle
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this video was brought to you by
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curiosity stream and since you're the
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one who screwed me I'd say you owe me
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one
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technically he screwed his wife hey
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legal eagles it's time to think like a
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lawyer you asked for it so more analysis
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of suits today we are covering the
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second episode in the first season I
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think I will keep going with the first
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season but if there are specific
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episodes later on in the series that are
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especially ripe for legal analysis
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please let me know and maybe I'll jump
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ahead as always of course please
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subscribe and comment in the form of an
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objection which I will either sustain or
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overrule and of course stick around
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until the end of this video where i give
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suits episode 2 a grade for legal
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realism so without further ado let's dig
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in to the second episode of suits come
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on you can keep abusing me No thank you
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I'm done come on spot you three times
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over Wyatt they're here you get set up
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in the conference room yeah no I'll just
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uh get set up in the conference room I
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have never seen a law office that has a
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game room like that even in New York
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where losses for big firms can be pretty
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nice they don't really look anything
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like the kind of Silicon Valley startup
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offices that you see often on TV so this
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is not a particularly realistic
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depiction of what a law firm looks like
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what do you think you're going into the
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room with the people wrong that's the
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adult table in there and you haven't
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earned the privilege yet I played air
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hockey well you need to go back to the
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office and file a patent for the phone
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oh no fine let's figure it out can't we
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do that after no so that would be crazy
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to wait to file a patent for this
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technology that you're trying to get
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funding for effectively what's happening
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here is that they're going to publish
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the technology that they want these
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people to invest in before they have
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protected it we are only about a minute
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and a half into this episode and this is
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already malpractice that would probably
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get these guys disbarred on top of that
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this meeting is only gonna last a couple
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of hours and it's always a good idea to
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make sure your entire legal team is
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up-to-date with all the information
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that's going back and forth so if this
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is a big in
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deal Mike should be in there to learn
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the facts on the ground and he should
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have filed his patent months if not
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years ahead of this meeting this is
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crazy okay
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have you ever filed a patent before I
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just got back from this meeting with
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Harvey and he wants me to file this
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patent but I have no idea what that
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paperwork looks like so have any help in
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this Reno would be rude isn't Mike
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supposed to be a genius of the law isn't
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that why they hired him he's like the
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greatest legal mind of his generation
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even though he doesn't have a law degree
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and yet he's constantly going back to
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his paralegal for information about the
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most basic things that lawyers do I I
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sense some inconsistencies in this show
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in the writing so far allow me to
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introduce the Bainbridge briefs
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wait wait are these Oh still printing
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yeah I do about half hour
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oh it's six printers 23 pages a minute
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30 minutes that's 4,000 140 pages plus
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all this which means the next I mean you
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don't shoot a deal I would suggest to
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make your back straight in reality if
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you have gone to the printer with all of
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your briefs all those briefs have been
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proofed probably a dozen times by 10
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different people in a big law firm like
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this you would never go to the trouble
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of printing out thousands and thousands
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of pages of documents unless you were a
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hundred percent certain that all of
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those documents were ready to be filed
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with the court but what is accurate here
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and is kind of amusing is the way that
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they bind all of these documents it's
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called Velo binding it's those sort of
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plastic jaws that you open up you have a
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special machine that opens them up and
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then you place the briefs in them and
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then you close them up on top of them
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that is for certain courts exactly how
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you have to submit your briefs it's a
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real pain in the butt so at least that
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attention to detail is fairly accurate
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please tell me that you filed a patent
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no not yet give you to you yesterday
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same time I gave you my Bainbridge
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briefs which you haven't finished I was
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here all night I barely got through half
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and I was on hold for almost 11 minutes
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before I gave up on your patent so
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what's your point alright let's talk a
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little bit about what it means to file a
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patent the paperwork to file a patent is
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not particularly complex there are forms
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that you can use it's not that hard the
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problem is that filing for a patent is
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not just filing for a patent it's all
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the work that goes into filing for the
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patent before you do it if there is
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prior art meaning that there is someone
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who filed a similar patent before yours
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or that your idea has already been taken
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somewhere else then your patent will be
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invalid so when you go to a law firm and
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ask that they file a patent on your
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behalf you're not just asking for them
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to file the actual physical paperwork
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for the patent what you're asking them
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to do is hundreds of hours of work where
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attorneys will cull through the database
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that contains all of the other prior
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applications some of which have been
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denied some of which have been approved
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and they're looking for similar things
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that might invalidate your own pen and
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in fact if you're following politics you
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might know that our acting Attorney
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General Matt Whittaker was involved with
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a company called worldwide marketing
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which was an infamous patent scam that
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was known for filing patents without
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doing the legwork to find out if there
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was prior art so a lot of people who
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paid tens of thousands of dollars to
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this company in order to get patents
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approved found that their patents were
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actually invalidated because this
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company wasn't doing a prior art search
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so it's crazy number one that they
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haven't filed a patent for this thing
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before they've gone to investors and
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number two it's crazy that they think
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it's just a simple matter of filing for
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the patent itself when in fact it's the
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hundreds if not thousands of hours it
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takes for the legwork before you file
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for that patent wanna see me
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so
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I look for your work on the Bainbridge
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briefs
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it's spectacular it's just proofing
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how can proofing something being
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spectacular top it just heard from Wyatt
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you got a response from the Patent
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Office you got a response back from the
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Patent Office a day after you filed your
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patent that that does not happen and
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it's been denied what evidently there
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was a similar claim what do you mean
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somebody beat us to it
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No someone beat you to it they filed
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less than 24 hours ago which means you
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filed a day later than you said you
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would oh my god well yeah that's why you
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file for a patent months if not years
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before you start getting investments
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from outside people that's the problem
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with going to investors before you've
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gotten the patent this whole episode is
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so stupid what's gonna happen now
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I suggest you get on the phone call a
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patent office and find out who beat us
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to it then you're gonna have Donna find
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any judge who will listen so we can get
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an injunction and stop whoever it is
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from launching their product first okay
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an injunction on what grounds it's true
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that sometimes you can seek it the
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extraordinary relief from a court an
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injunction which is basically a court
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order that prevents someone from doing
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something or it forces them to do
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something but you have to have legal
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grounds to do it and the fact that
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someone filed a patent based on the
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information you provided to them is not
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grounds for an injunction unless there
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was some sort of non-disclosure
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agreement at the investors meeting but
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that seems relatively unlikely we'll see
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not a good legal tactic so far hey
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Harvey did you tell him it was me
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why would I do that I'm responsible for
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you it was me yeah and that would be
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true whether Mike was actually an
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attorney or not which he is not in this
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case Harvey is the lead attorney he's
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the one that's signing the papers most
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likely and so it's his neck on the line
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also by the way it was his decision not
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to file for a patent until after he met
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with investors that is malpractice he'd
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get totally disbarred for that did you
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not see the sign outside just putting it
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away Your Honor it should already be in
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your pocket but you were running late so
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perhaps that's why was it let the record
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show the counsel is fined $1,000 for
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failing to follow the posted rules of
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the court your honor I do mouthing off
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well be gone yeah so that's a bit
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extreme but I have seen judges throw
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attorneys out of their courtroom for
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cellphones whose ringers go off I've
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never seen a judge chastised counsel for
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just displaying a cellphone that's not
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making any noise but if the rules of the
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court say that you can't have a
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cellphone in that courtroom then you
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can't have a cellphone in that courtroom
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the judge gets to decide what goes on in
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his or her court and there are plenty of
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courts that don't even let you take a
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cell phone into the building itself that
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is the case with a lot of the federal
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courthouses in Virginia and Washington
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DC where I practice so you really have
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to be careful and know the rules of the
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court before you head into the
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courthouse requests tonight court
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adjourned
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good morning better luck next time
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Harvey
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now I want him when I go against you
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[Laughter]
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your honor
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send them in oh no no no no you do not
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get to have a private meeting with the
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judge without opposing counsel present
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this is an ex parte communication
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this is totally improper even though the
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judge has already denied this request
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there might be an appeal there might be
[591]
other issues in this particular case
[593]
this is totally improper to meet with
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one side and not the other this should
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never happen I could have you brought up
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a review for talking to me like that
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then we can get it all on record get
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what whatever it is that you seem to
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have against me for no apparent reason I
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have a solid argument for any reasonable
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judge to grant my injunction so solid it
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begs the question why do you have it in
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for me and I don't even know your first
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name
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really my wife never mentioned it your
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wife the woman you had an affair with
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last month okay so that is what we call
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a classic conflict of interest in
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California what you would do is file a
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one seventy point six which is a request
[632]
for the judge to recuse themselves there
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is no possible way that this judge gets
[638]
to preside over this particular case
[640]
when he has a huge bias problem now that
[643]
Harvey knows this information he
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absolutely should bring this judge up on
[647]
review the damage has already been done
[649]
though the judge has issued his ruling
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so he can't back out now
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there is not going to be a good outcome
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for this judge regardless of what
[657]
unscrupulous conduct Harvey has engaged
[659]
in here this is not good
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thank god he's terrible at tennis
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[Music]
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both terrible atenas my earlier ruling
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wasn't clear enough for you crystal but
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I didn't want you to suffer for it
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you see if you don't sign my injunction
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there's gonna be a lawsuit and when the
[686]
next judge sees all the facts he's gonna
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overturn your ruling you may be right oh
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well by then your clients will have
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dumped you you may be right but that's
[694]
sterling reputation that you value so
[696]
highly down the tubes
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oh boy okay so this is called blackmail
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this is incredibly unethical not to
[703]
mention this is yet another ex parte
[705]
communication which is totally improper
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man I mean at this point Harvey's gonna
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get disbarred the judge might be
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disbarred and removed from the bench of
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this ever it comes to light this is
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violating your oath as an attorney you
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filed for divorce soon enough perhaps we
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could discuss a little quid pro quo
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before I do I'm listening
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you signed a document that says you've
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slept with my wife I'll give you your
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injunction and why would you want me to
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do that to prevent her from taking me
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for half of everything I own so what
[738]
you're saying is you'd like to blackmail
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me I'm saying we could both benefit
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you're blackmailing each other he just
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came in there and tried to blackmail the
[747]
judge into giving him a verdict that he
[749]
wanted and now the judge is trying to
[751]
blackmail him right back I mean these
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two deserve each other
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and since you're the one who screwed me
[756]
I'd say you won't meet one technically
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he screwed his wife did the snapping
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thing and Gregory's me
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you're high
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get out oh that is not a good sign
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look this is not my fault all right
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Lewis made me do it Louis did right he
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put a gun to your head made you smile
[784]
yeah he did he pulled out the drug test
[786]
which I failed by the way and then he
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told me that if I didn't smoke pot to
[789]
help him land this new client that he'd
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fire me it's not so different than
[796]
asking someone out for drinks is it you
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and I had a deal
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I'm sorry and if next time Lewis asks
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you to do something that I told you not
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to do what then I told you that I did
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not have a choice oh because he had a
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gun dear yes and what are your choices
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if someone puts a gun to your head are
[810]
you talking about you do what they say
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or they shoot you wrong you take the gun
[814]
you pull out a bigger one or you call
[816]
their bluff or you do any one of a
[818]
hundred and forty-six other things this
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is a really interesting situation I
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think that Louis might be liable for
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conspiracy to engage in illegal drug
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consumption obviously Mike is guilty of
[831]
having consumed an illicit substance in
[834]
New York it's still illegal to consume
[836]
marijuana but he was induced to do so by
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Louis they engaged in an agreement for
[843]
him to engage in this particular action
[846]
for the gain of both of those
[848]
individuals so I think that given that
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there is an agreement there is an overt
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act to further the ends of the
[855]
conspiracy here I think Louis may in
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fact also be guilty of the object of the
[861]
conspiracy itself so Louis is as
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culpable as Mike for engaging in smoking
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marijuana interesting legal situation do
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you know how long it was before I got to
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sit at the adult table he was when I
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brought in my first client which I don't
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recall you having done it and when you
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screwed up that patent and why it went
[881]
apeshit on me I didn't put that on you I
[884]
took it on myself I mean you both
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royally screwed up that time that's not
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just Mike Louis told me what you did at
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the club I bet he didn't tell you the
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whole story
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told me enough to impress me she landed
[900]
the client new business is hard people
[904]
will promise you the world but until
[906]
they sign that engagement letter means
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nothing I don't know what you told Tom
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Keller but bring a client in at your age
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that reminds me of Harvey that's true it
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is very unusual for junior associates to
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bring in new clients especially
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potentially a summer associate like Mike
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it's unclear to me whether he's a summer
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associate or a junior associate he was
[933]
interviewed as a summer associate which
[935]
is like an internship but he is acting
[938]
like a junior associate writers didn't
[940]
quite get that one right at any rate it
[942]
is incredibly unusual for a first-year
[944]
junior associate to bring in a client of
[947]
any kind and that is the way that you
[949]
get promoted you know almost immediately
[951]
what are you showing us this is a
[953]
website available at the Sun Tech domain
[956]
name all the design plans and
[958]
calculations have been uploaded is this
[959]
online now can be which means the whole
[961]
world will have access to my design
[963]
there'll be 10 knockoffs of that foam
[965]
before you can catch a cab back to your
[967]
headquarters we could file an injunction
[969]
not before tomorrow and once that
[971]
technology is out there good luck
[973]
putting that genie back in the bottle
[975]
well then we'll sue but my client won't
[977]
have any money what do you will have is
[979]
credit for the initial design which
[981]
after incorporates under a different
[983]
name will be worth a hell of a lot more
[985]
money than the 20 million dollars a year
[987]
offering yeah except that if the other
[989]
side's patent is valid then they can sue
[993]
anyone who uses those designs and builds
[996]
the prototype without their permission
[999]
that's the point of the patent
[1000]
protection and they would probably be
[1002]
able to sue this poor gentleman out of
[1003]
existence for a whole raft of things
[1005]
including intentional interference with
[1007]
contract disclosure of trade secrets and
[1010]
still at the end of the day these
[1012]
nefarious guys on the other side still
[1014]
have their patent because Harvey and
[1015]
Mike didn't file their patent when they
[1017]
should have so yeah this is probably yet
[1020]
another malpractice in disbarment trap
[1025]
what is this the copy of the Judicial
[1029]
Conduct codes
[1030]
friend of mine works at the attorney
[1031]
general's office it gave it to me we had
[1033]
a nice kind of value I told him if you
[1035]
were willing to blackmail someone once
[1037]
chances are you've done it before he's
[1040]
very anxious to meet you
[1041]
you think you can get away with screwing
[1043]
my wife and then have me investigated
[1044]
you actually have it the wrong way
[1046]
around the only thing I've done so far
[1048]
was have you investigated what I never
[1053]
actually slept with Lauren but I knew
[1055]
you'd never believe me so I kept my
[1057]
mouth shut but now that she's getting a
[1059]
divorce my policy no longer applies and
[1061]
of course she's free to date but whoever
[1064]
she pleases and she pleases me enjoy
[1069]
your evening Donald no honor among
[1072]
thieves the judge should have gotten him
[1074]
to sign an affidavit at the same time
[1076]
that he issued his ruling if he really
[1078]
was gonna follow through with the
[1079]
blackmail here that was just poor
[1081]
loitering on the judges part all right
[1088]
so now it's time to give suits episode
[1090]
two a grade for legal realism there was
[1095]
some accurate discussion of what it
[1097]
takes to file for a patent but also a
[1099]
complete disregard for all of the
[1101]
legwork that goes into it and of course
[1102]
all of the attorneys in this episode
[1105]
would have been disbarred many many
[1106]
times over last time around I gave suits
[1109]
a b-minus
[1110]
I'm afraid this episode is slightly less
[1112]
realistic so I'm going to have to
[1113]
downgrade it to a c-plus suits is not
[1116]
exactly the most realistic show out
[1118]
there Harvey and Mike seem to know
[1119]
nothing about the law but if you're
[1121]
looking for the best documentaries and
[1122]
nonfiction movies that exist you need to
[1125]
check out curiosity stream for example
[1127]
I'm watching David Starkey's documentary
[1129]
on the Magna Carta which explains how
[1131]
the 1215 Charter made everyone's subject
[1133]
to the rule of law and became the
[1134]
foundation of the US Constitution it's
[1137]
the same rule of law that Mike and
[1138]
Harvey disregard every single episode
[1141]
legal eagles get a free account for 30
[1143]
days by clicking the link below or using
[1145]
the promo code legal eagle so a few days
[1148]
on curiosity stream and you'll know more
[1149]
about the law than Harvey and Mike put
[1151]
together so check out the link below
[1153]
start learning about the
[1154]
world not the fictional world of suits
[1156]
and until next time I'll see you in
[1159]
court
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