Find Attorney. For Attorneys. We Help! No Hassles Guarantee. For Attorneys Products Attorney Directory. This arrangement allows a law firm to provide a broad array of legal counsel, including counsel outside their core competencies, through a particular lawyer or lawyers but without necessarily hiring them full-time.
In its ethics opinion, the ABA suggested four different ways an of counsel relationship could operate:. The relationships must be closer than lawyers who just bounce ideas off each other.
They must be more regular than an occasional collaboration between a law firm and an outside lawyer. And, of course, they must be legitimate relationships that were not formed primarily as a way to circumvent rules of professional conduct, such as those covering fee sharing.
Of counsel relationships are not consulting relationships like those a law firm might have with outside tax advisors, coaches, industry experts or specialists. Nor are of counsel relationships formed merely by lawyers sharing office space. Additionally, many firms find themselves needing to bring on additional help during trial preparation but may not have the revenue and client work to employ additional lawyers full-time.
Of counsel relationships enable a firm to provide overflow work to a lawyer who is known and trusted, whose role remains in-house and whose expertise can be relied upon by their colleagues. An of counsel lawyer can use their established name and reputation in a geographical area or within a practice area to further elevate the firm with which they are associated.
This can help lesser-known or new firms quickly establish themselves among prospective clients and referral sources. When exploring whether to bring on an of counsel lawyer, law firms must be cognizant of the ethical considerations of doing so. Typically, the three leading ethical considerations are conflicts of interest, confidentiality, and compensation. In of counsel relationships, the of counsel and law firm are frequently treated as one entity governing disqualification, recusal, and other conflict issues.
However, some states allow screening to allow a law firm to represent a client despite having a lawyer at the firm who is conflicted from representing that client. For many law firms, it would not make sense to bring on an of counsel whose practice and matters could regularly raise conflict of interest concerns. However, for some law firms, the additional client work and revenue an of counsel lawyer could produce with their complementary legal practice could justify having to occasionally contend with a conflict of interest.
Finally, while the ABA does not require that of counsel lawyers be compensated in a particular manner, your local jurisdiction may not agree. And, in some jurisdictions, law firms are not permitted to split fees with of counsel lawyers. Thinking about bringing on an of counsel lawyer or two? Here are some tips for creating and maintaining mutually fruitful relationships. You will not be able to determine the best candidate for an of counsel position unless you know why you are creating that position.
Anything the ABA says usually knocks anyone reading it half-unconscious:. If you are afraid of being clueless about stuff like this when you get to law school, it may be a good idea to read up on legal terminology and other legal topics. The following is a list of great books to read before law school that includes helpful reference material:.
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