what does of counsel attorney mean

by Sean Wiza 7 min read

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 retired partner of the firm who is available for consultation;
  • a lawyer, usually a lateral hire, brought into the firm with the expectation that the lawyer will shortly become a partner; and

More items...

Full Answer

What is the difference between attorney and counsel?

Aug 08, 2013 · “Of counsel’, one of these mysterious law firm terms, simply means a lawyer who is employed by a firm to do work but is not an associate or a partner. It’s essentially another way that lawyers get paid.

How does of counsel work?

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 legal definition of counsel?

What does of Counsel mean in a law firm? It means your direct answers to the questions that you have asked of your attorney. This is the person who is going to be representing you in the legal services that you need. Counsel has many jobs that he/she can do for you, all of which are to help you achieve the goals that you have in mind.

What is advice of counsel?

May 01, 2018 · The title " Of Counsel " is used to describe a number of different attorney relationships to a law firm. "Of Counsel" attorneys are not partners or associates, but rather lawyers who have a "close and continuing relationship" with the firm. They could be part-time lawyers, retired partners who occasionally consult, probationary partners, or lawyers whom the …

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What does it mean to be of counsel at a law firm?

attorneyTypically, 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. Sometimes they have caseloads and busy calendars.Aug 15, 2012

Is of counsel higher than partner?

What to do? Make them of-counsel and pay them more than an associate, but less than a partner. 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).Nov 24, 2019

What is the difference between lawyer and counsel?

A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of lawyer. The word counsel can also mean advice given outside of the context of the legal profession.

What is the difference between of counsel and partner?

The biggest difference between a non-equity partner and an of counsel is that the former is someone who shows the ambition and drives to be an equity partner potentially. They generally have interpersonal skills, are willing to work very hard, and also have good legal skills.

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 the highest level of lawyer?

A Doctor of Juridical Science degree is considered the highest level of a law degree and is designed for professionals who are looking to gain an advanced legal education after earning their JD and LLM.

Which is higher lawyer or attorney?

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.May 9, 2020

Is an advocate higher than an attorney?

An advocate is a specialist lawyer who represents clients in a court of law. Unlike an attorney, an advocate does not deal directly with the client – the attorney refers the client to an advocate when the situation requires it.Nov 20, 2020

How do I become a legal counsel?

How to become a Legal CounselComplete a Bachelor of Law or Juris Doctor. ... Consider completing postgraduate study such as the Master of Laws. ... Complete PLT work experience.Apply for admission to your state or territory's Supreme court.Complete a National Police Check.More items...

Can you 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 is a senior counsel in law?

A senior counsel is responsible for handling various legal matters inside a law firm or, in some cases, in businesses. Their specific tasks may vary depending on the needs of their organization and their specialty.Jan 27, 2022

What does the term special counsel mean?

Legal Definition of special counsel : counsel appointed to fill a particular need specifically, capitalized : a government official charged with protecting employees from illegal practices by employers and especially from employer reprisal for whistleblowing.

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 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 a probationary partner?

A retired partner of a firm who, although not actively practicing law, nonetheless remains associated with it and available for occasional consultation. A lawyer who is, in effect, a probationary partner-to-be, usually brought in laterally with the expectation of becoming partner after a relatively short period of time.

Is counsel the same as attorney?

Counsel as a verb means to advise; as a noun, it means the person doing the advising (such as an attorney) or the advice itself. Less commonly, counsel means guarded thoughts or advice. Counselor is another word for the noun form of counsel, or adviser.

Is a lawyer a council or counsel?

These words sound exactly alike, and both are related to the idea of advice, but they are not the same. Council is specifically a group of people acting in an advisory capacity. Counsel can be either a noun or a verb that means advice. It can also mean a lawyer or someone giving legal advice.

Why are barristers called counsel?

The above are all types of lawyer and divide into two groups: Barristers are also called ‘counsel’ – two words for the same group of people. Solicitors are those lawyers found in almost every high street. They represent individuals to resolve their legal problems.

Is an attorney higher than a lawyer?

An attorney is considered the official name for a lawyer in the United States. … An attorney has passed the bar exam and has been approved to practice law in his jurisdiction. Although the terms often operate as synonyms, an attorney is a lawyer but a lawyer is not necessarily an attorney.

Can a lawyer be called a counselor?

The role of a counselor is not merely for a psychologist, counselor or therapist. Lawyers also serve as a counselor in terms of listening, reassuring, guiding and advising clients. Many lawyers in this current crisis are unsure of what they are going to do to aid their clients.

What is another word for counsel?

1 recommendation, suggestion. 3 lawyer, attorney; solicitor, barrister.

What does it mean to ask for counsel?

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant’s legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial.

What is the designation of counsel?

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. Sometimes they have caseloads and busy calendars.

What is a part time lawyer?

The American Bar Association in Formal Opinion 90-357 provided four different definitions: 1 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 a full-time practice, either with that firm or with another, to a part-time one, or sometimes lawyers who have changed careers entirely, as for example former judges or government officials, or attorneys who transition from corporate/in-house practice to law firm practice. 2 A retired partner of the firm who, although not actively practicing law, nonetheless remains associated with the firm and available for occasional consultation. 3 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. 4 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.

About the Author

Mark Scruggs is senior claims counsel with Lawyers Mutual specializing in litigation, workers compensation and family law matters. You can reach Mark at 800.662.8843 or at [email protected].

Mark Scruggs

Mark Scruggs is senior claims counsel with Lawyers Mutual specializing in litigation, workers compensation and family law matters. You can reach Mark at 800.662.8843 or at [email protected].

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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 AssociationFormal 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

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. Such part-time practitioners are sometimes lawyers who have decided to change from a full-time practice, either with that firm or with another, to a p…

Typical situations

The title may be used in a number of situations, including:
• Lawyers who have useful experience for a firm (such as knowledge of a particular "niche" practice area) but do not generate enough business to warrant promotion to partnership
• Senior lawyers seeking relatively low working hours, billable hours and revenue generation requirements

Other uses

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".

Compensation

The average annual base salary for "of counsel" or "special counsel" in the United States between 2003 and 2009 was US$216,019 (with salary varying depending on size/reputation of the firm, its location, and the attorney’s experience). At highly prestigious law firms, an "of counsel" or "special counsel" may make as much as US$375,000 per year.

See also

• Contract attorney
• Counsel

External links

• ABA article on term