Law Practice Management
| Publication year | 2023 |
| Pages | 40 |
Law Practice Management
Mark Bassingthwaighte
EDITOR'S NOTE:
Wyoming does not have any rules touching upon a lawyer's designation as "Of Counsel."
Mark Bassingthwaighte has been a Risk Manager with ALPS since 1998.
Counsel for Those Considering Entering into Of Counsel Relationships
Of counsel is one of those terms that has multiple meanings. This term has been used as an honorary designation for retired partners, as a special designation for firm attorneys who are neither a partner nor an associate, and as a way to describe part-time attorneys who have created an association with a firm. In recent years however, more attorneys seem to want to use the term solely as a way to generate additional business. After all, the public presentation of close ties with another firm can be an effective marketing tool that will drive additional business to your firm, right? Well perhaps, but there are risks that come into play and these risks should not be taken lightly.
What is an Of Counsel Attorney?
The Of Counsel designation as envisioned by the authors of various ethics opinions refers to something altogether different from a traditional attorney within a firm. These opinions generally define an Of Counsel attorney as an attorney who is not a partner, associate, shareholder, or member of a firm, and they further state that an attorney may only be designated Of Counsel to the firm if the attorney will have a close and continuing relationship with the firm. This means that any attorney that works with your firm and has a significant degree of shared liability with your firm or managerial responsibilities to your firm and/or its staff should never be designated as Of Counsel. Related terms such as Special Counsel, Tax Counsel, Senior Counsel, and the like are understood to have the same meaning as Of Counsel and thus the requirement of a close and continuing relationship will apply there as well.
The requirement of a close and continuing relationship has been defined as providing for close, ongoing, regular, and frequent contact for the purpose of consultation and advice. Further, the Of Counsel attorney must be more than an advisor on only one case or just a forwarder or receiver of legal business. Attorneys can get into serious disciplinary trouble by designating someone who is merely a referral attorney as Of Counsel because that is usually...
To continue reading
Request your trial