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The Of Counsel designation is now used in so many different contexts that one cannot assign a single meaning to it. Contracting parties use it in several different ways depending upon what they wish to accomplish. For example, the term might be used to describe a relationship between a law firm and a lawyer who works part-time for the firm and devotes the balance to an otherwise solo law practice, law teaching, or a totally unrelated business endeavor. Or, it might be used to describe the relationship between a law firm and an expert in an area of law in which the firm does not think of it as being particularly well qualified.
While the precise meaning of “Of Counsel” is more ambiguous than ever, distinct patterns exist and are discussed in detail in the latest publication from the ABA Senior Lawyers Division. For more information on The Of Counsel Agreement, Third Edition, including a complete table of contents, click here: http://www.abanet.org/abapubs/books/5460039.
