Legal Definitions - of counsel

The term of counsel refers to an attorney who has a formal, ongoing relationship with a law firm but is not a full-time employee, partner, or associate. This designation typically indicates a lawyer who provides specialized expertise, works on a part-time or project basis, or maintains a connection to the firm after retiring from a full-time role. It signifies an affiliation that allows the attorney to leverage the firm's resources while offering their experience without the full responsibilities of a partner or associate.

Here are some examples to illustrate the role of an "of counsel" attorney:

• Example 1: Semi-Retired Senior Attorney

  A highly respected senior attorney, who was a founding partner of a prominent corporate law firm, decides to reduce her workload as she approaches retirement. Instead of fully leaving the firm, she transitions to an of counsel role. In this capacity, she continues to advise on complex mergers and acquisitions, mentor younger attorneys, and occasionally represent long-standing clients, but she no longer has the daily administrative duties or the demanding billable hour requirements of a full partner.

  This illustrates "of counsel" because the attorney maintains a valuable affiliation with the firm, contributing her extensive experience and expertise, but on a more flexible, reduced schedule, distinct from her previous full partnership.

• Example 2: Specialized Expert Consultant

  A general practice law firm frequently handles real estate transactions but occasionally encounters cases involving highly specialized environmental compliance issues, a niche area where they lack in-house expertise. To address this, they bring in an attorney who is a recognized expert in environmental regulatory law as of counsel.

  This demonstrates "of counsel" as the specialized attorney provides expert advice and handles specific environmental aspects of cases when needed, without being a full-time employee or partner. The firm gains access to critical specialized knowledge, and the attorney maintains a professional affiliation while potentially working with multiple firms or clients.

• Example 3: Independent Practitioner Seeking Firm Resources

  A solo practitioner specializing in intellectual property (IP) law finds that managing office space, administrative staff, and extensive legal research databases is becoming increasingly burdensome. She enters into an of counsel arrangement with a larger, established business law firm.

  In this scenario, she can use the firm's offices, library, and support staff for her existing IP clients and collaborate on IP matters that arise within the firm, while largely managing her own caseload and schedule. This arrangement provides her with valuable resources and a professional network without requiring her to become a full partner or associate of the firm.