of counsel what does this mean about an attorney

Of counsel is a reference to an attorney who participates on a case by case basis in the activities of a law firm. An of counsel position is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation.

Full Answer

What is the difference between associate and counsel?

• What does Of Counsel mean?
• What is a non-equity partner?
• What is a partner/shareholder?

What is of counsel in a law firm?

In addition to serving as General Counsel to the firm, he is Chair of the firm’s Local Government, Land Use and Environmental Impact Review practice and the Professional Responsibility practice. He originated and chairs the firm’s Veterans’ Scholarship Program at Nassau Community College.

What is the legal definition of counsel?

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept.

What does it mean to counsel someone?

• What will you use the attorney for? Unless a major accident happens, most people need an attorney once every few years. ...
• Check your insurance policies. Most insurance policies, including auto and homeowner's insurance, will pay for an attorney should you be involved in an accident. ...
• Check your employee benefits. ...

What does of counsel mean in law?

Generally speaking, an of counsel relationship is a formal arrangement between a law firm and a lawyer in which the lawyer can service the firm's clients but is neither an associate nor a partner at that firm.

What is the difference between lawyer and counsel?

Counsel can refer to one lawyer or attorney or a group of lawyers or attorneys who represent a single client. Like advocate, counsel is often used in the U.S. as a synonym for lawyer or attorney, but it can also refer to a group of people.

What does it mean when it says of counsel?

What is an “Of Counsel” Attorney, Anyway? The generally understood meaning of this term is a lawyer who is not a partner, associate, shareholder, or member of a firm, but who has some sort of a close and continuing relationship with the firm.

What is the difference between of counsel and associate?

Of counsel is, by definition, an interesting position. It is not a partner, and it is not an associate. The role has a "permanence" about it, unlike the associates. Someone who is "of counsel" in a legal office is generally someone who has been around a while and will also stay around.

Is attorney higher than a lawyer?

A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.

Which is higher attorney or lawyer?

Keep in mind that all attorneys are also lawyers, but not all lawyers are attorneys. An attorney is a lawyer who passed the state bar exam, allowing them to practice law in their jurisdiction.

What does counsel mean in big law?

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner.

What does of counsel mean in Florida?

A lawyer may be considered “of counsel” if he or she has a regular, continuing relationship with a lawyer or firm in a capacity other than that of partner or associate.

What does of counsel mean in Texas?

Where a lawyer has a regular, continuing and substantial relationship with a law firm and is publicly designated as "of counsel" to the law firm, the lawyer should be considered by the public as a part of the firm, like a partner or associate, who may work on firm matters and who may share in the fee income of the firm ...

What does it mean to be promoted to counsel?

The “Counsel” role is a promotion for many associates whose strength is in their technical ability. The role is also an option to evaluate lateral hires before elevating them to partner. The “Counsel” role is also seen more and more for lateral attorney hiring.

Can an attorney be of counsel to more than one firm?

A lawyer or a law firm may be "of counsel" to another law firm as long as there is a close, regular, personal relationship with the firm. A lawyer who is "of counsel" to a firm must be alert to the "enhanced conflict of interest potential inherent in the arrangement."

What are the ranks in a law firm?

Work Your Way UpSummer Associate.Junior Associate.Senior Associate.Partner.Managing Partner.Of Counsel Attorney.

What does "of counsel" mean in law?

adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients, or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney "of counsel" on a law firm's stationery gives the office the prestige of the lawyer's name and reputation, without requiring his/her full-time presence.

What is the meaning of "of counsel"?

Of Counsel. A term commonly applied in the Practice of Law to an attorney who has been employed to aid in the preparation and management of a particular case but who is not the principal attorney in the action. Of counsel is also sometimes used in reference to an attorney who is associated with a law firm, but is neither a partner nor an associate.

What is the title of an attorney?

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner.

What is a temporary lawyer?

Some firms also use the term to refer to attorneys hired on a temporary basis to assist with a particular case. However, because "of counsel" describes "a close, regular, personal relationship", temporary lawyers used by law firms to engage in document reviews for a specific project or for limited duration are not "of counsel ".

What is a part time lawyer?

Formal Opinion 90-357 of the American Bar Association provides four acceptable definitions of the term: A part-time practitioner who practices law in association with a firm, but on a basis different from that of the mainstream lawyers in the firm.

What is the meaning of "of counsel"?

Of Counsel Law and Legal Definition. Of counsel is a reference to an attorney who participates on a case by case basis in the activities of a law firm. An of counsel position is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. "Of counsel" originally described ...

What is a part time lawyer?

There are four usual variants to the "of counsel" designation: the "part-time practitioner, who practices law in association with a firm, but on basis different from that of the mainstream lawyers in the firm"; a lawyer, usually a lateral hire, brought into the firm with the expectation that the lawyer will shortly become a partner; and.

What is an "of counsel" attorney?

For an "Of Counsel" attorney functioning as a salaried consultant, there may be a variety of bonus configurations, including those based on billable hours, billed and collected revenue, or percentage of contingency awards. The "Of Counsel" attorney could be given profit participation in the firm, which is often coupled with a straight gross revenue share of the fees paid by the attorney's clients. You can hire "Of Counsel" attorneys as independent contractors, as well. Frequently "Of Counsel" attorneys are provided with office space, administrative assistance, and medical or other benefits.

What is an affiliation of counsel?

An affiliation that amounts to no more than a referral relationship, or that involves only one case, does not merit "Of Counsel" designation.

What is the ABA model rule of professional responsibility?

Under ABA Model Rule of Professional Responsibility 1.5 (e), if two lawyers from different firms are going to split a fee, it must be divided in proportion to the services performed by each lawyer, unless, with written consent of the client, the lawyers have agreed to assume joint responsibility for the representation.

Why is it important to have an "of counsel" relationship?

An "Of Counsel" relationship is often done to provide prestige or additional knowledge and skills for the firm, but it's important to make sure that your clients know about the special relationship and what it means for them. FindLaw's suite of Integrated Marketing Solutions can not only help to get the word out, but can also help you reach more clients by taking a more dynamic approach to your firm's marketing strategy.

Do attorneys get compensated on the basis of individual cases?

In California, for example, it is suggested that an "Of Counsel" attorney should be compensated on the basis of individual cases and should not share in the firm's general profit or expenses.

When did the ABA issue its landmark opinion on the "Of Counsel" relationship?

When the ABA issued its landmark opinion on the "Of Counsel" relationship in 1990, however, it took a more modern approach, stating that the method of compensation is not relevant to determining whether an affiliation may be designated "Of Counsel.". Some states such as Michigan and New York are in accord with the ABA approach.

Is an attorney a partner or associate?

But because the "Of Counsel" attorney is not a partner or associate of the firm, some authorities find it only logical that the rules regulating division of fees between lawyers who are not in the same firm apply to the "Of Counsel" relationship such as in Arizona, California, and Maryland.

What is the meaning of "of counsel"?

The term “Of Counsel” is defined by the ABA as a “close, regular, personal relationship” between ...

How do attorneys respond to change?

Some attorneys are responding to these changes by forming alternative types of legal business entities and searching for unique client sources. These creative business solutions may cause issues with the rules of professional conduct, and many attorneys end up seeking to resolve these issues under the umbrella of an “Of Counsel” relationship. “Of Counsel” has become a catch-all term applied across the profession to various types of relationships, frequently with the sole intention of finding a “work around” to the rules of professional conduct.

What is a firm in law?

The Model Rules of Professional Conduct (MRPC) define “firm” or “law firm” as “a lawyer or lawyers employed in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law…” See MRPC 1.0 (c). Though the term “Of Counsel” is not specifically defined by the rules, many law firms attempt to create this type of legal association between two lawyers not otherwise associated by designating an attorney as “Of Counsel” to their firm.

What is an occasional consultation?

Occasional consultations or collaborations: Even if the attorney and the firm collaborate more than once, merely occasional consultations or collaborations do not amount to the “close, regular, personal” relationship that is required to label the attorney as “Of Counsel” to the firm.

What is a partner in a law firm?

Partner or associate: A partner, with the shared liability and/or managerial responsibility implied by that term or an associate who is “regularly employed” by the firm should be characterized as such in any public communications. The term “Of Counsel” does not apply to this type of relationship.

Is "of counsel" a relationship?

The term “Of Counsel” would not apply to any relationship between a lawyer and a law firm that could not be described as close, regular and personal. The following situations would all be inappropriate relationships to designate as “Of Counsel” according to ABA Formal Ethics Opinion 90-357 and numerous ethics opinions throughout the country:

Do lawyers have to comply with the division of fee rules?

While some authority supports the conclusion that a lawyer designated as “Of Counsel” and the law firm do not need to comply with the requirements of their respective division of fee rules between lawyers not in the same firm, other states and courts have concluded to the contrary.

What are the downsides of being a counsel?

The Downside of an of Counsel Position. There are potentially several downsides to being of counsel rather than a partner. The most obvious is reduced pay. Attorneys who are of counsel will typically make a high associate salary, as opposed to the much higher average profits-per-partner.

What is the advantage of being an attorney?

The advantage for the attorney is job security – they know that they’re valued by the firm and won’t be pushed out at the end of a certain number of years (as associates who don’t make partner typically will be).

What is a part time lawyer?

A part-time practitioner who practices law in association with a firm, but on a basis different from that of the mainstream lawyers in the firm. Such part-time practitioners are sometimes lawyers who have decided to change from full-time practice, either with that firm or with another, to a part-time one, or sometimes lawyers who have changed ...

Is being a counsel a prestige hit?

There’s also a prestige hit to being of counsel. Although this may be offset by the downsides of actually having to do the job, saying you’re a partner at a major law firm sounds impressive!

Is being a counsel better than being a partner?

Being of counsel, rather than a partner, is also an option for attorneys who prefer a more predictable, less time-intensive schedule. For many, the tradeoff of a substantially lower (but still high by any reasonable measure) salary for lower hours is a good one. People in this category could include attorneys returning to the firm after a stint in government, older attorneys interested in gradually downsizing their practice, and parents returning to the workplace who want a better work-life balance than being a law firm partner typically affords.

What does "of counsel" mean?

Typically, the designation “of counsel” means an attorney who is employed by a firm but not as an associate or partner. Often the designee is a former judge or government official transitioning to private practice.

What is a designee in law?

Often the designee is a former judge or government official transitioning to private practice. Sometimes they have caseloads and busy calendars. Other times they might come into the office to chat and check their mail but that’s about it. They are there primarily for star power.

Can an attorney be a counsel in North Carolina?

The State Bar addressed the issue in RPC 34: “ [A]n attorney may be designated as ‘of counsel’ to a North Carolina law firm so long as the attorney is licensed in North Carolina and will have a close, in-house association with the firm which does not involve conflicts of Interest.

What is a counsel?

A permanent senior associate who is not on a partnership track. The term “Counsel” is a term for lawyers generally and does not refer to the nature of the relationship between the attorney and a law firm. Quora User. , Juris Doctore Law, University of Richmond School of Law (1983)

What is the relationship between an attorney and a law firm called?

In the United States, the term “Of Counsel” describes a flexible relationship between an attorney and a law firm. Ethics rules state that an attorney’s relationship with a law firm may be described as “Of Counsel” as long as the relationship is close, ongoing, and involves frequent contact for the purpose of providing consultation and advice.

What is a biglaw associate?

Moreover, BigLaw associates tend to be people who did very well in law school and had some demonstrated aptitude, i.e., the kind of young lawyers people want to hire. In working a few years at a major law firm, an associate is also likely to make some valuable professional connections.

How many hours do lawyers bill?

Some firms make some allowances for work/life balance, but generally speaking lawyers have to work in proportion to their compensation. At the junior level, big firms typically want their lawyers to bill about 2000 hours a year at least. They are compensated nicely for those 2000 hours.

Why do associates leave their firms?

This is because (1) not every associate can make partner and (2) senior associates are expensive, meaning that firms will start to trim the ranks of people who are not potential partners.

What is a staff attorney?

In contrast, the staff attorney position is one that is not partnership track and typically is a “back office” position. Many clients will only know there’s a staff attorney on a case from reviewing their monthly bills, as staff attorneys tend to interact only with partners/associates, and not with clients.

Do companies want lawyers?

But the point is, companies vary widely. Some companies want their lawyers to be generalists, some want them to be specialists. Some want them to be tightly integrated into the business; some want them to wait in the corner until they’re needed.

Overview

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept. According to American Bar Association Formal Opinion 90-357, the term "of counsel" is used to describe a "close, personal, continuous, and regular relationship" between the firm and counsel l…

American Bar Association definitions

Typical situations

Other uses

Compensation

See also

External links