It’s a rainy Wednesday afternoon here, and from our conversation emerged an anecdote about churning fees. It’s something clients fear can happen, but have little ability to detect. I imagine that it’s kind of like how I have felt taking my car to a mechanic: unless you can get under the hood yourself, you may never know you’re being overcharged. In this instance, a lawyer made a mistake in a trademark filing and was told about it in a friendly call by the examining attorney at the U.S. Patent and Trademark Office. Resolution should have been simple - the attorney at the PTO can file an examiner’s amendment and continue the filing undisturbed. But the client attorney said, “why don’t you just give me an office action instead?” Which means the PTO formally rejects the application, allowing that lawyer to bill for additional work rather than resolve the issue in a couple minutes. It also delays the client’s application process. But who would know this, beyond the two people on the phone? That’s why it’s important to have a strong relationship with your lawyer. While they may feel the need to ‘make it rain’, it does make it harder for them to soak you. Stay dry out there!