Of counsel

Of counsel is, in the legal profession of the United States, often the title of an attorney who has a relationship with a law firm or an organization, but is not an associate or a 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 to describe a "close, personal, continuous, and regular relationship" between the firm and counsel lawyer.<ref name=http://www.lacba.org/showpage.cfm?pageid=12424>"County Bar Update". Los Angeles County Bar Association.  Missing or empty |url= (help); |access-date= requires |url= (help)</ref>

Four 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 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.
• 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.

Conflicts of interest

The title of "of counsel" carries with it particular ethical responsibilities. For instance, when the purpose has a conflict of interest, it is normally that "Of Counsel" is disqualified from a matter, which also normally extends to the entire law firm.^[1]

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".^{[2][3][4][5][6][7]}

Compensation

The average annual base salary for Of Counsel in the United States has been listed at US$216,019 (with salary varying depending on size/reputation of the firm, location of the firm, and the attorney’s years of experience).^[8]

See also

• Contract attorney
• Counsel

References