“Of Counsel” Must Have On-Going Affiliation With Firm

In Ohio, a lawyer may be designated as “Of Counsel” to a firm, if the lawyer has an active Ohio license and has a valid on-going relationship with the firm1. The continuing relationship is defined as one that is other than partner or associate and is more than a business referral relationship2. The “of counsel” relationship is “continuing, close, regular, and personal. “Of Counsel” lawyers are members of a law firm for the purposes of dividing fees, evaluating conflicts of interests, maintaining confidences and secrets, and the like. Lawyers who are often designated as “Of Counsel,” include:

• Part-time practitioners who practice in association with a firm;

• Retired partners who remain associated with a firm for occasional consultation;

• Lawyers who are brought into a firm laterally and may soon become a partner; and

• Lawyers who have no expectation of becoming a partner1.

  Footnotes

  1. Ohio Sup. Ct. Bd. Comm’rs on Grievances & Discipline, CPR Op. 2008-1 (2008).

  2. Id; Prof. Cond. R. 7.5, Comment.

  3. Id.

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  For more information on this topic contact Alvin Mathews at 614.227.2312. or visit our Legal Ethics and Professional Responsibility Resource Center.

This document has been prepared as a general reference for careful lawyers and their staff for informational purposes. The information contained herein is not intended to be and should not be construed as legal advice. Each circumstance should be considered and evaluated separately, and possibly with involvement of legal counsel.

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