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
Full Answer
What's the difference between counsel and 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 …
What is the difference between a counselor and an attorney?
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 does a lawyer of counsel mean?
An attorney who is not an associate or a partner of a law firm, but is a lawyer employed by one, is given the title Attorney of Counsel. According to a formal opinion of the American Bar Association, the term “of counsel” is used to describe “a close, regular, personal relationship.”
What is of counsel in a law firm?
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.
What does an of counsel do?
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 of 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 the term of counsel mean in a law firm?
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.Aug 15, 2012
What is the difference between of counsel and counsel?
My totally anecdotal understanding is that "of counsel" is someone who was a partner and is now semi-retired, and "counsel" is a non-partner track non-associate, but clearly different firms use the terms differently.Jul 28, 2013
What is the highest level of lawyer?
Doctor of Juridical Science (SJD) 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.
What is the highest position in a law firm?
The managing partner or shareholder is at the top of a law firm's hierarchy. As the senior-level lawyer of the firm, job duties include managing the day-to-day operations of the firm.
What is QC after a lawyer's name?
A lawyer who has been granted the title of Queen's Counsel may write Q.C. after his or her name.
How does an of counsel relationship work?
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 does a partner at a law firm make?
Partners in the nation's top 200 law firms earned an average of $1.054 million in 2019, an increase of 10% from 2018, according to a survey released Tuesday.Dec 16, 2020
Can you be of counsel to more than one firm?
The ABA and California rules are clear that holding multiple “of counsel” positions simultaneously is permissible. As discussed below, however, the number of firms with which a lawyer can have an “of counsel” relationship may be limited from a practical standpoint due to conflict of interest rules.Jul 14, 2017
How do you become a senior counsel?
After about 10 to 15 years of practising as a junior counsel, a barrister may apply to become a senior counsel. This is sometimes called "taking silk" because the senior counsel's gown was traditionally made of silk. A senior counsel may have the letters SC after his/her name.Sep 7, 2020
What is special counsel at law firms?
Positions in a Law Firm Other roles in a law firm include special counsel, a position that sits between associate and partner used to recognise senior lawyers based on expertise, often a step towards becoming a partner; and consultants, who are like partners but without the managerial responsibilities.
What is an attorney of counsel?
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 a semi-retired or retired partner who still kept a hand in the firm. Putting the name of the attorney "of counsel" adds the prestige of the lawyer's name and reputation, without requiring his/her full-time presence.
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 a lateral hire?
a lawyer, usually a lateral hire, brought into the firm with the expectation that the lawyer will shortly become a partner; and. a lawyer who occupies a permanent senior position in the firm with no expectation of becoming a partner.
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.
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 ...
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 ...
Is being a counsel better than 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.
What is the role 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.
What do lawyers do in law firms?
Large law firms often have lawyers who do things such as work on conflict checks and negotiate these conflicts with customers. They are often made of counsel, so they have some authority in the legal firm, but this is generally a glorified clerical-type role.
What is equity partner?
An equity partner is generally going to be someone with an excellent reputation inside and outside of the law firm who is more than capable of carrying his own weight. They are able to generate business for the law firm, able to support associates, and able to bill a tremendous number of hours.
Who is the founder of BCG?
Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.
What time does Harrison Barnes do a webinar?
Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom.
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
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