Key Terms<\/h4>\n\n- There are many kinds of law firm attorneys with titles that include the word \u201ccounsel.\u201d<\/li>\n
- Counsels are salaried employees, usually thought to be between associates and partners.<\/li>\n
- Although each counsel position is very flexibly designed, the ABA has described four kinds of counsels that are commonly found in law firms.<\/li>\n<\/ul>\n<\/div>\n
Law firms tend to operate<\/span> under a partnership structure. At the top, partners who have an ownership interest in the firm\u2019s business will run the show and make all the decisions. At the bottom, associates work for partners as employees of the firm and are paid a salary to practice. While the vast majority of law firm attorneys are either partners or associates, other positions do exist, including various positions that include the title \u201ccounsel.\u201d<\/p>\nWhile the counsel position used to be reserved for very senior attorneys no longer in the partnership or for those who share a unique relationship with the firm (e.g., politicians or special advisors), the title is now used in a handful of different ways. In this article, we will explore some of the ways that law firms utilize counsel attorneys and what such a position might entail in contrast to being a partner.<\/p>\n
What it\u2019s like to be counsel<\/h2>\n
The definition of counsel is more about what it is not. Any attorney at a law firm (and sometimes non-attorney) that is not a partner, associate, or staff\/contract attorney is likely to be called counsel.<\/p>\n
If you don\u2019t want the stress of business development that comes with a new firm, and you don\u2019t want to enter a biglaw firm, either, an of counsel position might be the middle ground you\u2019re seeking. Whether you\u2019ve been full time for a while or this is your first year practicing law, it\u2019s hard to get enough business to meet the needs of a small law firm or to clock enough billable hours at another firm. Your job search may pivot to looking at counsel positions as a result.<\/p>\n
A few things are certain about counsel positions. First, counsels do not share in the firm\u2019s profits; they are salaried just like associates. How much a counsel gets paid will depend on the individual and the firm, but it will usually be closer to what mid\/senior associates make than partners\u2019 compensation. Second, being counsel is less prestigious than making partner<\/a> or being a managing partner.<\/p>\nThis may not matter to some people, but in terms of law firm branding power as a lawyer to clients and the outside world, a partner will be more impressive. Third, counsels must maintain a \u201cclose, regular, personal relationship\u201d with the firm or else it is unethical to be one as determined by the ABA. And counsel work still requires being a hard-working lawyer and often logging many hours<\/a>, even if you\u2019re not the one finding clients in business origination.<\/p>\nMuch of a counsel position\u2019s actual characteristics will be hidden from the public eye. Some counsels will work reduced hours in a specialized or technical practice such as tax, benefits, or white-collar investigations, while other counsels will be similar to salaried partners. You may remain active in your bar association and continue to network with other paralegals, lawyers, and former partners, but to a lesser extent than most lawyers in small or large law firms.<\/p>\n
Counsels are permitted to work across multiple law firms, but such a scenario is rather rare and speaks to the flexibility of the position. The flexibility is afforded to the law firms in how they design each counsel position rather than the position itself being flexible for the attorney.<\/p>\n
Various kinds of counsels in law firms<\/h2>\n
The ABA provides a few acceptable definitions of the term \u201ccounsel\u201d (also commonly called \u201cof counsel\u201d). We will explore each in order.<\/p>\n
\n- A part-time practitioner, frequently one who is transitioning from a different career path (e.g., former judge, government, or in-house).<\/li>\n
- A retired partner of the firm who remains associated with the firm without actively practicing.<\/li>\n
- A probationary partner-to-be\u2014often as a result of lateraling.<\/li>\n
- A lawyer in between associate and partner but without the expectation of making partner in the future.<\/li>\n<\/ol>\n
The part-time practitioner counsel is not very common. Rather than providing value through the actual practice of law, a mutually beneficial relationship between the firm and an individual can be made official and sustained through the title of counsel. This individual may practice some, but the expected contribution is through specialized knowledge, pedigree, strength of network, or the holding of public office (this one may depend on the state).<\/p>\n
The retired or very-senior partner can also be counsel. These counsels are often called \u201csenior counsel,\u201d and involve some partner who has been with the firm for a long time that is either retired but involved for limited matters or has stepped down from the partnership without leaving the firm.<\/p>\n
Being a law firm partner can be a rather demanding occupation, and those who have proven their worth to the firm over the years can continue to maintain a close and mutually beneficial relationship while retired or working less. Of course, counsels are not permitted to share in the firm\u2019s profits, so a partner-gone-counsel should expect to earn less and have less decision making than they previously did.<\/p>\n
Law firms tend to operate<\/span> under a partnership structure. At the top, partners who have an ownership interest in the firm\u2019s business will run the show and make all the decisions. At the bottom, associates work for partners as employees of the firm and are paid a salary to practice. While the vast majority of law firm attorneys are either partners or associates, other positions do exist, including various positions that include the title \u201ccounsel.\u201d<\/p>\n While the counsel position used to be reserved for very senior attorneys no longer in the partnership or for those who share a unique relationship with the firm (e.g., politicians or special advisors), the title is now used in a handful of different ways. In this article, we will explore some of the ways that law firms utilize counsel attorneys and what such a position might entail in contrast to being a partner.<\/p>\n The definition of counsel is more about what it is not. Any attorney at a law firm (and sometimes non-attorney) that is not a partner, associate, or staff\/contract attorney is likely to be called counsel.<\/p>\n If you don\u2019t want the stress of business development that comes with a new firm, and you don\u2019t want to enter a biglaw firm, either, an of counsel position might be the middle ground you\u2019re seeking. Whether you\u2019ve been full time for a while or this is your first year practicing law, it\u2019s hard to get enough business to meet the needs of a small law firm or to clock enough billable hours at another firm. Your job search may pivot to looking at counsel positions as a result.<\/p>\n A few things are certain about counsel positions. First, counsels do not share in the firm\u2019s profits; they are salaried just like associates. How much a counsel gets paid will depend on the individual and the firm, but it will usually be closer to what mid\/senior associates make than partners\u2019 compensation. Second, being counsel is less prestigious than making partner<\/a> or being a managing partner.<\/p>\n This may not matter to some people, but in terms of law firm branding power as a lawyer to clients and the outside world, a partner will be more impressive. Third, counsels must maintain a \u201cclose, regular, personal relationship\u201d with the firm or else it is unethical to be one as determined by the ABA. And counsel work still requires being a hard-working lawyer and often logging many hours<\/a>, even if you\u2019re not the one finding clients in business origination.<\/p>\n Much of a counsel position\u2019s actual characteristics will be hidden from the public eye. Some counsels will work reduced hours in a specialized or technical practice such as tax, benefits, or white-collar investigations, while other counsels will be similar to salaried partners. You may remain active in your bar association and continue to network with other paralegals, lawyers, and former partners, but to a lesser extent than most lawyers in small or large law firms.<\/p>\n Counsels are permitted to work across multiple law firms, but such a scenario is rather rare and speaks to the flexibility of the position. The flexibility is afforded to the law firms in how they design each counsel position rather than the position itself being flexible for the attorney.<\/p>\n The ABA provides a few acceptable definitions of the term \u201ccounsel\u201d (also commonly called \u201cof counsel\u201d). We will explore each in order.<\/p>\n The part-time practitioner counsel is not very common. Rather than providing value through the actual practice of law, a mutually beneficial relationship between the firm and an individual can be made official and sustained through the title of counsel. This individual may practice some, but the expected contribution is through specialized knowledge, pedigree, strength of network, or the holding of public office (this one may depend on the state).<\/p>\n The retired or very-senior partner can also be counsel. These counsels are often called \u201csenior counsel,\u201d and involve some partner who has been with the firm for a long time that is either retired but involved for limited matters or has stepped down from the partnership without leaving the firm.<\/p>\n Being a law firm partner can be a rather demanding occupation, and those who have proven their worth to the firm over the years can continue to maintain a close and mutually beneficial relationship while retired or working less. Of course, counsels are not permitted to share in the firm\u2019s profits, so a partner-gone-counsel should expect to earn less and have less decision making than they previously did.<\/p>\nWhat it\u2019s like to be counsel<\/h2>\n
Various kinds of counsels in law firms<\/h2>\n
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