What Does It Mean to Be ‘Of Counsel’?

If you’re new to the legal business or professional world, you’ve likely heard the term “Of Counsel” tossed around. But what does it actually mean? “Of Counsel” is a relationship between an attorney and a law firm, typically one that’s not considered full-time employment. It’s usually reserved for those who already have an established practice, as well as prominent attorneys who have experience in specialized areas of law.

The Different Varieties of ‘Of Counsel’ Relationships

There are several types of “Of Counsel” relationships:

• Of Counsel Advisory Role. This type of of counsel arrangement allows the attorney to provide advice but not practice law as a staff member. These attorneys offer valuable insight, but don’t actively practice law.
• Of Counsel Associate Role. This type of arrangement includes an attorney who actively practices law in the firm but is not a partner or full-time employee. These attorneys may assist in providing consultation, oversight, and can come with an hourly salary.
• Sidebar Arrangement. Many attorneys opt for a “sidebar” arrangement in which they’re able to take on select cases but don’t have to commit to a full-time engagement. This type of arrangement often works out well for attorneys who are looking to expand their practice but don’t want the commitment of a full-time position.

Advantages of Being ‘Of Counsel’

Being “Of Counsel” to a law firm can offer numerous advantages. It enables the attorney to take on more cases, offers flexible working arrangements, and often gives the lawyer access to resources that may be otherwise unobtainable if they were practicing on their own. “Of Counsel” relationships also provide excellent opportunities for mentoring and training. By working with an established firm, the lawyer can gain access to valuable knowledge and experience.

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What ‘Of Counsel’ Isn’t

It’s important to understand that being “Of Counsel” isn’t the same as being an associate or partner in a firm. An associate or partner is a full-time employee. They’re responsible for managing the business side of the firm, as well as taking on cases. “Of Counsel” attorneys are not staff members and typically don’t have an ownership or management stake in the firm.

The Bottom Line

Understanding what “Of Counsel” means is important for attorneys who want to establish themselves in the legal field. It’s an arrangement that can give a lawyer access to resources they may otherwise not have as well as offer much-needed flexibility. “Of Counsel” relationships can grow and change over time, and it’s important to understand the different types so you know what’s right for you and your practice.

Related Legal Concepts

Understanding of counsel arrangements often intersects with other attorney-client relationship structures in the legal profession. For instance, house counsel and in-house counsel represent different employment models where attorneys work directly for corporations rather than law firms. General counsel typically refers to the chief legal officer of an organization, while the broader concept of counsel encompasses the fundamental right of legal representation in various contexts.

The Bottom Line

Of counsel relationships provide a flexible alternative to traditional firm employment structures, allowing experienced attorneys to maintain professional connections while preserving independence. This arrangement benefits both the attorney, who gains access to firm resources and referrals, and the firm, which can leverage specialized expertise without full employment commitments. For guidance specific to your situation, always consult a qualified, licensed attorney.