In the vast realm of legal practice, there are various titles and designations that can be puzzling to those outside the profession. One such term that often raises questions is “Of Counsel.” What does it mean to be “Of Counsel” in the legal field? Is it a position of lesser importance or a prestigious role? In this blog post, we will delve into the concept of “Of Counsel” and shed light on its significance within law firms and the broader legal landscape.
Join us as we unravel the mystery behind this intriguing designation, exploring its origins, functions, and the unique role it plays in today’s legal practice. Whether you’re a law student, a practicing attorney, or simply curious about the inner workings of the legal profession, this article aims to provide a concise yet comprehensive understanding of what it truly means to be “Of Counsel.” Let’s embark on this enlightening journey together, unraveling the layers of this distinctive legal role.
Definition of ‘of Counsel’
An attorney who is “of counsel” to a law firm is not a partner in the firm, but has a close working relationship with the firm. The of counsel lawyer typically has his or her own practice, but works closely with the firm on cases. This arrangement allows both the lawyer and the firm to share resources and expertise.
Types of Cases Handled by an ‘of Counsel’ Attorney
There are many different types of cases that can be handled by an ‘of counsel’ attorney. The following is a list of some of the most common types of cases:
- Civil litigation: This includes any type of case that goes to trial in order to resolve a dispute between two parties. These cases can involve anything from breach of contract disputes to personal injury claims.
- Criminal defense: If you have been charged with a crime, you will need an attorney to represent you in court and help you navigate the criminal justice system.
- Family law: This area of law includes divorce, child custody, and other family-related matters. An ‘of counsel’ attorney can help you with any legal issues that may arise within your family.
- Real estate: Whether you are buying or selling a home, or dealing with another real estate matter, an ‘of counsel’ attorney can provide you with the legal guidance you need.
Advantages and Disadvantages of Serving as ‘of Counsel’
When an attorney is designated as “of counsel,” it generally means that he or she does not hold a position as a partner in the firm. The of counsel designation is often used for attorneys who provide specialized services or who work on a part-time basis. There are several advantages and disadvantages to serving as of counsel.
Advantages:
- An of counsel attorney can have a more flexible schedule than a traditional associate or partner. This can be beneficial if the attorney desires more time for personal pursuits or pro bono work.
- Of counsel attorneys typically do not have the same financial pressures as associates or partners. They are not responsible for bringing in new business or generating profits for the firm.
- Of counsel attorneys can focus on areas of practice that they are passionate about without being bogged down by administrative duties.
Disadvantages:
- Of counsel attorneys may not have the same opportunity for career advancement as traditional associates or partners. They may be passed over for plum assignments and projects, and they may not have a voice in firm decision-making.
- Of counsel attorneys may not receive the same level of support from the firm as traditional associates or partners. They may have to purchase their own malpractice insurance, for example, and they
Qualifications Needed to Become ‘of Counsel’
In order to become ‘of counsel’, one must have the necessary academic qualifications and experience. The academic requirements typically include a Juris Doctor (JD) degree from an accredited law school and being admitted to the bar in the state where they will be working. Many states also require that attorneys complete continuing legal education (CLE) credits on a yearly basis in order to maintain their license to practice law.
Once an attorney has met the academic and experiential qualifications, they can then start the process of becoming ‘of counsel’ at a law firm. The first step is usually to submit an application or resume to the firm, which will be reviewed by the hiring committee. If the attorney is selected for an interview, they will then meet with partners at the firm to discuss their qualifications and experience. If both parties are satisfied, the attorney will be extended an offer to become ‘of counsel’.
Conclusion
To be of counsel is a unique and oft-misunderstood position within the world of law. Being of counsel can provide immense value for firms, attorneys that take on these roles, and clients alike. While still relatively uncommon in the AU legal system, it appears to be growing in popularity as lawyers look for different ways to work with firms while taking advantage of flexible schedules or maintaining an independent practice. If you’re looking to shake up your career path or add experience with a larger firm without dedicating your whole schedule to one employer, then being of counsel might just be worth researching further.
FAQs
1. What are the duties of an of counsel?
An of counsel typically provides legal advice and assistance to the partners of a law firm, but does not have any management responsibilities.
2. How is an of counsel different from a partner?
An of counsel is not a partner in a law firm and does not have any management responsibilities. An of counsel typically has a more limited role than a partner, providing legal advice and assistance to the partners of a law firm rather than having decision-making authority.
3. What are the benefits of being of counsel?
Of counsel can be advantageous for both junior and senior lawyers. For junior lawyers, being of counsel can provide opportunities to work with experienced lawyers and learn from them. For senior lawyers, being of counsel can provide flexibility in terms of hours worked and business development opportunities.
4. Are there any disadvantages to being of counsel?
One potential disadvantage to being of counsel is that you may have less job security than if you were a partner in a law firm. Additionally, as an of counsel you may have less opportunity for advancement within your career.