Aside from the fact that the term “Of Counsel” sounds ungrammatical, it also does not provide any information about its meaning in relation to legal services. Many common folks do not understand what lawyers are talking about because they use archaic terminology. Additionally, it is one of the least used legal terms, therefore many are not familiar with the term, or how it can benefit them.

“Of Counsel” has historically been used by retired attorneys who were partially or fully retired from practice. It is impossible to assign a single meaning to the “Of Counsel” designation today because it is used in so many contexts, and it is certainly not limited to senior lawyers. The primary authority on the appropriate use of the term “Of Counsel” is the formal opinion 90-357 issued by the American Bar Association in May 1990. For an “Of Counsel” relationship to exist, there must be a close, regular, personal relationship that is neither that of a partner, with shared liability and/or managerial responsibility, nor that of an associate, or junior lawyer who is regularly employed by the firm.

So if an “Of Counsel” attorney isn’t a partner or associate, and isn’t required to hold the same workload as others at the firm, what do they do, and how do they assist clients? There are many benefits of having an “Of Counsel” attorney at a law firm, and their legal capabilities are beneficial to all. Here is everything an individual needs to know about what an “Of Counsel” attorney legally assists individuals with.

“Of Counsel” Attorney Defined

“Of Counsel,” one of those mysterious terms used in law firms refers to a lawyer working for a firm without being an associate or partner. In essence, it is another method by which lawyers are compensated. A lawyer “Of Counsel” is often one of the most talented lawyers in a firm and often comes in to handle high-profile cases or cases that require specialized knowledge of the law or judicial system. A number of other contexts can also apply to this term, however. The American Bar Association’s opinion below states that “Of Counsel” can be used in four different ways:

• Although no longer practicing law, a retired partner of the firm remains involved with the firm and is available for occasional consultations.
• A part-time lawyer who is associated with a firm, but practices law in a different manner from the other attorneys in the firm. It is not uncommon for part-time practitioners to be lawyers who have switched from a full-time practice to a part-time one, either with that firm or a new one. It is also common for lawyers to change careers completely, such as former judges or government officials, and lawyers who switch from corporate or in-house practice to law firm practice.
• It consists of a permanent status in between that of an associate and that of a partner, displaying the quality of tenure, or something close to it, but lacking the expectation of promotion to full partner status in the near future.
• A lawyer who is a probationary partner is usually an attorney who enters a firm laterally with the intention of becoming a partner after a limited period.

A lawyer working for the firm is responsible for maintaining the confidentiality of the firm's client information in the same manner as any other lawyer working there. As a result, an "of counsel" attorney should be considered a member of the firm for purposes of conflict of interest and disqualification. Potential clients must be informed that the "of counsel" attorney may handle their case, and both the firm and the "of counsel" attorney must clear any potential conflicts of interest.

Responsibilities Of “Of Counsel” Attorneys

Attorneys who serve as “Of Counsel” in a law firm are not partners or associates of the firm, but instead, have an affiliation and working relationship with the firm. Often, they focus on their area of legal specialization to provide legal advice and guidance to clients. Often, they are tasked with providing legal advice and expertise to a specific department or division of the company. Independent contractors often maintain a part-time schedule or serve as occasional consultants on an as-needed basis.

An “Of Counsel” is an attorney who holds a law degree and is licensed to practice law in their state. Often, they have specialized expertise and extensive legal experience. A strong ability to communicate and maintain client relationships is required for these positions.

The following are just a few of the responsibilities that an “Of Counsel” attorney will have:

• Identifying, evaluating, and recommending risk-appropriate legal solutions to advance the business
• Provide independent assistance to the general counsel as needed
• Advising on government and regulatory compliance issues
• Provide assistance to senior attorneys in resolving routine legal issues
• Risk identification and mitigation
• Provide contract support to clients
• Provide legal and business advice and guidance to senior executives
• Provide legal support staff with guidance and support