Understanding the “Of Counsel” Designation

The term “Of Counsel” has no specific legal definition. Historically, law firms used it as an honorary title for a retired or semi-retired member of the firm. Today, the designation generally refers to an attorney who regularly and continuously provides legal services to the firm’s clients but does not serve as a partner, shareholder, or associate. Therefore, attorneys should review applicable Ethics Opinions or Rules before using the designation or entering an Of Counsel relationship.

If you have specific questions that cannot be resolved through the listed Ethics Opinions, please contact the Bar’s Ethics Hotline at 800.235.8619 for further assistance.

Here are all the Ethics Opinions regarding Of Counsel relationships:

• Former partner of the firm who has retired and become a traditional “of counsel” to the firm 00-1
• Fee-division rules 94-7
• The designation “Of Counsel” may be used to describe either a continuing relationship between a firm and a former partner or associate or a new relationship formed between a lawyer and another lawyer or law firm 75-41
• A lawyer who leaves a government prosecutor’s office to join a private law firm 72-41 (Reconsideration)
• A lawyer who is of counsel to a firm in which a former assistant state attorney 72-41
• A Florida law firm may not include on its shingle or letterhead the name of a lawyer who is not admitted in Florida 72-29
• Partner withdraws from his firm 71-49
• Of Counsel to or a partner in a law firm in a foreign country 70-29
• Action against a client represented by another who is listed “of counsel” 61-20

To review the Ethics Informational Packet on Of Counsel, including the complete list of available packets, select this link: Ethics – Informational Packets.

Additionally, you can browse the Ethics Department’s complete Subject Index of Ethics Opinions for further guidance on other topics.

*Note: Advisory ethics opinions are not binding.

VIEWS AND CONCLUSIONS EXPRESSED IN ARTICLES HEREIN ARE THOSE OF THE AUTHORS AND NOT NECESSARILY THOSE OF FLORIDA BAR STAFF, OFFICIALS, OR BOARD OF GOVERNORS OF THE FLORIDA BAR.