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Like most companies, law firms have a hierarchy of naming conventions that apply to the individuals who work for them. These titles typically range in ranking from paralegal to associate to partner.

Most titles have straightforward meanings, but the title "of counsel" is used to reflect a multitude of employment arrangements. In general, it is typically applied to lawyers at a law firm who are neither associates nor partners.

Under the American Bar Association Formal Opinion 90-357, "of counsel" is an appropriate title for a lawyer with a law firm when “the relationship between the two is a close, regular, personal relationship and the use of the title is not otherwise false or misleading.”

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When to Categorize a Lawyer as 'Of Counsel'

Generally, a working relationship between a lawyer and a law firm is sufficient for the "of counsel" title. Typically, that relationship will fall under four categories, as identified in the ABA’s opinion:

1. A part-time practitioner whose practice differs from that of the standard firm lawyer.
2. A semi-retired partner whose association with the firm has not ended and remains available for some matters.
3. A probationary partner-to-be who is brought to the firm with the assumption that they will become partner shortly thereafter.
4. A person whose position falls between associate-level and partner-level, so they have more experience than an associate but are not close to being promoted to partner.

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