Free US Law Dictionary

Of Counsel

Of counsel is often the title of an attorney who is employed by a law firm or an organization, but is not an associate or a partner. According to ABA Formal Opinion 90-357 the term "of counsel" is to describe "a close, regular, personal relationship."

American Bar Association Formal Opinion 90-357 provides four acceptable definitions of the term:

The title of "of counsel" carries with it particular ethical responsibilities. For instance, for the purposes of a conflict of interest, a legal relationship sufficient to permit the title of "of counsel" is also able to create conflicts.

Some firms also use the term to refer to attorneys hired on a temporary basis to assist with a particular case. However, because "of counsel" describes "a close, regular, personal relationship," temporary lawyers used by law firms to engage in document reviews for a specific project or for limited duration are not "of counsel."[1]