To different lawyers it means different things. The American Bar Association in Formal Opinion provided four different definitions: 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.
A retired partner of the firm who, although not actively practicing law, nonetheless remains associated with the firm and available for occasional consultation. 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 status. About the Author. Jay Reeves jay. My Policy NEW! Policy and payment access anytime day or night. Need Insurance? See the difference service can make. Nowadays, people use the term to mean "demands or leads to" the question that follows.
I like the old way -- it took me 2 or 3 reads to make out what you meant. Login to post comments. Skip to main content. Of counsel: What does that mean anyway? By Leonard F. According to Formal Op. Insurance Coverage Disputes In the unfortunate event of a claim, coverage problems can arise when an affiliated firm has done work on a matter that the of counsel attorney had no involvement in, or awareness of. Of Counsel to Multiple Firms Can a lawyer, under the ethical rules discussed here, serve as of counsel to multiple firms?
Back to the February Newsletter. Member Comments 1 From John W. O'Rourke on February 9, However, for some law firms, the additional client work and revenue an of counsel lawyer could produce with their complementary legal practice could justify having to occasionally contend with a conflict of interest. Finally, while the ABA does not require that of counsel lawyers be compensated in a particular manner, your local jurisdiction may not agree.
And, in some jurisdictions, law firms are not permitted to split fees with of counsel lawyers. Thinking about bringing on an of counsel lawyer or two? Here are some tips for creating and maintaining mutually fruitful relationships.
You will not be able to determine the best candidate for an of counsel position unless you know why you are creating that position. Are you simply looking for some help with overflow work? Then you will need an of counsel lawyer who can jump on various matters with short notice.
Are you looking to get involved in more litigation? You will want your of counsel to handle discovery and trial preparation without much guidance. Are you looking to grow certain practice areas? Your of counsel should be an experienced practitioner in one of those areas and, probably, a savvy marketer.
While of counsel relationships are not permanent, your law firm will benefit from understanding exactly how an of counsel lawyer can help your firm get to where you want it to go tomorrow, next month, and next year. Communicate to your of counsel lawyers what their roles are at your firm. An of counsel relationship could be an opportunity for a senior associate to build their book of business and continue to gain necessary training before being named a partner.
On the other hand, you may wish to bring on as of counsel a lawyer who has a unique practice but no desire or ability to develop new business on their own. There are many ways to pay an of counsel lawyer. You could pay them a flat per-hour rate as you would a contract lawyer. You could give them a full-time salary. Or you could compensate them based on a mix of these methods.
And, of course, there is the question of when to pay them. Every other week?
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