A part-time practitioner who practices law in association with a firm, but on a basis different from that of the mainstream lawyers in the firm. Such part-time practitioners are sometimes lawyers who have decided to change from a full-time practice, either with that firm or with another, to a part-time one, or who have changed careers entirely, as for example former judges or government officials, or attorneys who transition from corporate/in-house practice to law firm practice.

A retired partner of a firm who, although not actively practicing law, nonetheless remains associated with it and available for occasional consultation

A lawyer who is, in effect, a probationary partner-to-be, usually brought in laterally with the expectation of becoming partner after a relatively short period of time

A permanent status in between associate and partner, having the quality of , or something close to it, but lacking an expectation of likely promotion to partner status

tenure

Formal Opinion 90-357 of the American Bar Association provides four acceptable definitions of the term:[3]

Lawyers who have useful experience for a firm, such as speciality in niche cases, but do not generate enough business to warrant promotion to partnership

Senior lawyers seeking relatively low working hours, billable hours and revenue generation requirements

Lawyers transitioning from corporate or government roles

The title may be used in a number of situations, including:[2]

Other uses[edit]

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".[4]

Compensation[edit]

The average annual base salary for "of counsel" or "special counsel" in the United States between 2003 and 2009 was US$216,019 (with salary varying depending on size/reputation of the firm, its location, and the attorney’s experience).[5] At highly prestigious law firms, an "of counsel" or "special counsel" may make as much as US$375,000 per year.[2]

Contract attorney

Counsel

ABA article on term