what do partner, of counsel, staff attorney mean

by Prof. Desmond Kuhic DDS 10 min read

Anonymous User wrote: From what I understand, "of counsel" just means someone who couldn't make partner but they wanted to keep around because he/she does good work. Staff attorney's are people who are just really good at doc review. I've seen people come in laterally, be named of counsel, and then get promoted to partner.

Staff attorneys are often called associates, partners, or counsel on law firm websites because they do the same work but are not compensated the same. They also face a nearly impossible uphill battle of ever finding a position as anything but a staff attorney.Jun 5, 2017

Full Answer

What does it mean to be an of counsel attorney?

Someone who is "of counsel" in a legal office is generally someone who has been around a while and will also stay around. In contrast, the shelf life of most associates is quite limited. Clients and legal office partners know that the associate is likely to be gone at any time.

What is a senior counsel at a law firm called?

A lawyer who is, in effect, a probationary partner-to-be: usually a lawyer brought into the firm laterally with the expectation of becoming a partner after a relatively short period. A permanent status in between those of partner and associate, having the quality of tenure , or something close to it, and lacking that of an expectation of likely promotion to full partner status.

Why do lawyers choose to become counsel after being partners?

Aug 15, 2012 · A lawyer who is, in effect, a probationary partner-to-be: usually a lawyer brought into the firm laterally with the expectation of becoming partner after a relatively short period of time. A permanent status in between those of partner and associate, having the quality of tenure or something close to it, and lacking that of an expectation of likely promotion to full partner …

What is a retired partner at a law firm?

Feb 26, 2009 · Attorneys who are of counsel will typically make a high associate salary, as opposed to the much higher average profits-per-partner. (Junior partners typically make much less than the average, but the upside potential of being a partner over time is much higher than being a salaried of-counsel.) There’s also a prestige hit to being of counsel.

image

What is a staff attorney in a law firm?

“Staff Attorney” is a catch-all phrase describing lawyers who dedicate their services to a specific organization. ... Law firm attorneys, in contrast, typically serve many clients who retain them to handle matters that are episodic, labor-intensive, or require specialized legal expertise.

What does staff counsel mean?

Staff counsel means the General Counsel or other attorney on the staff of the General Counsel's Office when acting as counsel for the Commission.

What's the difference between staff attorney and associate?

An associate is an attorney who is hired with the expectation that he or she could eventually be a partner. A staff attorney is an attorney who is employed with the expectation that he or she will not be a partner.

What is a partner of counsel?

Of counsel is a role that is traditionally given to attorneys who are in partnership with the law office and others like and want to have around; however, it is reserved for the lawyers who traditionally do not have much business and are also not interested in working extremely hard.

Why do people become staff attorneys?

Staff attorneys like the predictable income of their positions. Many staff attorneys also believe that if they do a good job, they can be advanced to being partners or associates in their law firms. However, the reality is that: When law firms lay off people, the staff attorneys are most often the first to go.

What exactly is a paralegal?

Most people think of the role of a paralegal as an assistant to an attorney. The American Association for Paralegal Education (AAfPE) defines a paralegal as someone who "performs substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, would be performed by an attorney.Sep 6, 2012

What is an attorney in the UK?

What's a counsel? A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.Oct 7, 2015

What's the difference between of counsel and partner?

The biggest difference between a partner and an Of Counsel is that Of Counsel are salaried employees of a firm, whereas equity partners are firm owners and are compensated based on shares of firm profits.

What is the difference between a partner and an associate?

The difference between an associate and a partner in a law firm is experience level and seniority. A law firm partner is an attorney with partial ownership of the law firm. ... Associate attorneys are regular employees. They make a salary and often receive benefits like health insurance.

What is the difference between counsel and attorney?

Counsel vs. Lawyer vs. ... 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.

Why do people become staff attorneys?

Staff attorneys like the predictable income of their positions. Many staff attorneys also believe that if they do a good job, they can be advanced to being partners or associates in their law firms. However, the reality is that: When law firms lay off people, the staff attorneys are most often the first to go.

What is the difference between partner and counsel in a law firm?

The biggest difference between a partner and an Of Counsel is that Of Counsel are salaried employees of a firm, whereas equity partners are firm owners and are compensated based on shares of firm profits.

What is the difference between of counsel and attorney?

Typically, the designation “of counsel” means an attorney who is employed by a firm but not as an associate or partner. ... 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.Aug 15, 2012

What is the difference between staff attorney and associate?

An associate is an attorney who is hired with the expectation that he or she could eventually be a partner. A staff attorney is an attorney who is employed with the expectation that he or she will not be a partner.

What is a staff attorney in big law?

“Staff Attorney” is a catch-all phrase describing lawyers who dedicate their services to a specific organization. ... Law firm attorneys, in contrast, typically serve many clients who retain them to handle matters that are episodic, labor-intensive, or require specialized legal expertise.

Is counsel higher than partner?

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.

What does a partner mean in a law firm?

A partner in a law firm, accounting firm, consulting firm, or financial firm is a highly ranked position, traditionally indicating co-ownership of a partnership in which the partners were entitled to a share of the profits as "equity partners." The title can also be used in corporate entities where equity is held by ...

What is the hierarchy of a law firm?

Law firms are further divided into sub-hierarchies within the lawyer and staff classes. For example, within a law firm's professional services class, there will be attorneys of different ranks and statuses, with equity partners at the top, associates in the middle, and contract attorneys at the bottom.

What is an of counsel relationship?

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.Feb 1, 2021

How much do counsel make at Paul Weiss?

Paul, Weiss, Rifkind, Wharton & Garrison SalariesJob TitleSalarySummer Associate salaries - 4 salaries reported$203,208/yrBusiness Development Assistant salaries - 4 salaries reported$55,135/yrAttorney, 3rd-Year salaries - 4 salaries reported$223,130/yrAttorney, 2nd-Year salaries - 3 salaries reported$212,434/yr16 more rows

What is QC after a lawyer's name?

Updated on November 30, 2019. In Canada, the honorary title of Queen's Counsel, or QC, is used to recognize Canadian lawyers for exceptional merit and contribution to the legal profession.Nov 30, 2019

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 permanent partner?

A permanent status in between those of partner and associate, having the quality of tenure or something close to it, and lacking that of an expectation of likely promotion to full partner status.

What is a probationary partner?

A lawyer who is, in effect, a probationary partner-to-be: usually a lawyer brought into the firm laterally with the expectation of becoming partner after a relatively short period of time.

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 ...

What is a probationary partner?

A lawyer who is, in effect, a probationary partner-to-be: usually a lawyer brought into the firm laterally with the expectation of becoming a partner after a relatively short period of time. A permanent status in between those of partner and associate, having the quality of tenure, or something close to it, and lacking that of an expectation ...

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 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.

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.

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.

Can you hire an attorney as an independent contractor?

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.

Can a lawyer pay a bonus in Los Angeles?

In Los Angeles County, a firm should not pay to an "Of Counsel" lawyer a bonus computed as a percentage of profits from referred business, and should not pay any bonus without client consent. You should check your state's ethics opinions to see if they allow unrestricted compensation arrangements, or whether limits apply.

Can an attorney be compensated by a salary?

Under this view, an "Of Counsel" attorney can be compensated by, for instance, a salary or payment of retirement benefits. In other states, ethics opinions have imposed some restrictions on methods of compensating "Of Counsel" attorneys.

Associate vs. Of Counsel vs. Staff Attorney

What exactly does "of counsel" mean? Same for "staff attorney." I'm assuming that staff attorneys are precluded from becoming partners and are hired on a project-by-project basis. Also, is it easier to get hired as a "staff attorney" at a biglaw firm?

Re: Associate vs. Of Counsel vs. Staff Attorney

From what I understand, "of counsel" just means someone who couldn't make partner but they wanted to keep around because he/she does good work.

image