Your first IP law client often comes with higher expectations and more complex paperwork than you initially anticipate. Getting onboarding right—from intake to retainer agreement—sets the tone for the entire engagement and protects both you and the client. This guide walks you through the critical steps and documents you'll need before that first billable hour.
Build a Comprehensive Client Intake System
Start with a detailed intake questionnaire that goes beyond contact information. For IP work, you need specifics: What assets are they protecting? Do they have existing registrations, pending applications, or unregistered marks? Have they already spent money on development or branding? Are there any ongoing disputes or licensing arrangements? A 15-20 minute questionnaire now prevents weeks of back-and-forth discovery later.
Store this intake form in a secure client portal—tools like Clio, MyCase, or LawLabs let clients fill out questionnaires electronically and upload documents directly. This reduces your administrative load and ensures consistent information capture across all new clients.
Establish Clear Fee Structures and Retainer Agreements
IP law fees vary widely by service type. Patent prosecution typically runs $1,500–$3,500 per application (utility patents), trademark registration $800–$1,500 per mark, and copyright registration $300–$500 per work. Flat fees work better for straightforward filings; hourly rates ($150–$400/hour depending on experience and location) suit complex litigation or licensing matters.
Your retainer agreement must explicitly cover:
- Scope of work (what's included, what costs extra)
- Fee arrangement and billing frequency
- Payment terms and late-payment penalties
- Confidentiality and privilege protections
- Termination conditions and client records access
- Responsibility for third-party costs (USPTO fees, foreign registration charges, translation services)
- Dispute resolution process
Don't undersell yourself. New clients often underestimate IP complexity; a clear, detailed fee agreement prevents scope creep and protects your margins.
Gather Essential Documentation
Request these documents before your initial strategy session:
- Articles of incorporation or business formation documents
- Trademark applications (pending or filed)
- Product names, slogans, or logos in use
- Previous IP counsel correspondence or registrations
- Competitor research (existing marks similar to theirs)
- Proof of actual use (sales records, marketing materials, website screenshots)
- Any agreements involving third parties (co-owners, licensees, contractors)
- Timeline of development or first use
For patent matters, ask for technical documentation, drawings, prototypes, or detailed descriptions of the invention. For copyright, request creation dates and original works.
Conduct a Conflicts Check
Before signing, run a formal conflicts check. You cannot represent a client if you have a material relationship with a competitor or adverse party. IP practices often work for multiple clients in the same industry—make sure you're not inadvertently creating a conflict. Document this check in your file.
Create a Strategy Memo
After intake and document review, send a brief strategy memo (1–2 pages) outlining:
- Assets identified and recommended protection method
- Preliminary risk assessment (existing similar marks, enforcement feasibility)
- Action steps with timelines
- Estimated costs for the first 12 months
- Jurisdiction priorities (domestic only, WIPO Madrid Protocol filings, etc.)
This memo demonstrates expertise, sets expectations, and gives the client confidence they've hired someone who understands their business.
Set Up Secure File Management and Communication
IP work involves sensitive business information. Use encrypted email, password-protected client portals, and secure cloud storage (OneDrive, Google Drive, Dropbox Business with encryption). Store all correspondence, agreements, and evidence of use in a consistent folder structure.
Establish communication preferences upfront: How often will you provide updates? Will you send monthly invoices or bill quarterly? Who's the primary contact—founder, in-house counsel, or business manager? This prevents miscommunication and unnecessary check-ins.
Document Everything
From day one, maintain detailed time entries even if you're on a flat fee for that phase. Track research, phone calls, document drafting, and filing time. This data helps you price future matters accurately and justifies your fees if disputes arise.
Listing your IP practice on Mercoly helps you attract pre-qualified leads and showcase your specific expertise—whether you focus on startups, manufacturing, or tech—so new clients find you based on your actual practice depth.
Frequently Asked Questions
Q: Do I need a separate engagement letter for each IP matter, or can one retainer cover all a client's needs? A: A master service agreement covers the relationship scope and terms, but you should issue a separate project memo or addendum for each distinct matter (trademark registration, patent prosecution, licensing review) that specifies costs and deliverables for that work.
Q: What's the typical timeline before a client sees results? A: Trademark and copyright registration takes 4–8 months domestically; patent applications typically take 2–5 years for examination and approval, depending on office action responses and technology complexity.
Q: Should I collect payment before or after filing applications? A: Collect the retainer and initial fees before filing; this covers your time and reduces the risk of nonpayment if the client loses interest mid-process.
Start your IP practice on the right foot—list your services on Mercoly and connect with clients ready to invest in protecting their innovations.