I just finished my clerkship with Chief Judge Rader, and have arrived back at Mercer Law School. What an amazing and transformative year. It was an honor to serve the court.
In my absence, the PTO adopted new ethical rules. The rules are here, on a page that includes some helpful tables comparing the PTO rules to the Model Rules, and other information.
Unlike the effort in 2003, this time the PTO in large part adopted a slightly-out-of-date version of the ABA Model Rules, with a couple exceptions (including, for some odd reason, the choice of law provision). There are now fewer differences between the ethical rules that apply to discipline in OED proceedings and those that would apply in state disciplinary proceedings, but key differences exist. One is that the PTO did not adopt any private-practice screening provisions, but several states permit screening to be used, even over the objection of a client, to avoid a conflict caused by a lawyer migrating from one firm to another. I'm still working through them, and will post more as I go.