What is Of Counsel and How Do I Get One?

Updated: Mar 31

You may be thinking to yourself that you could use another set of hands around the office. Or possibly someone to help guide your practice if you are new to law. Maybe you need someone who can pull in new clients with name recognition alone. No matter what your issue is – and Of Counsel can help you get it done.


What do Of Counsels Do at a Law Firm?

Of counsels help firms in many different ways and can provide guidance and assistance. Often the Of Counsel position is either as a consultant or part-time. They are also held by attorneys with experience or possibly a retired judge. An Of Counsel should be there to help you. They can take on cases or just advise you as you grow. Your relationship is based on what you need, and want them to do – not on a rule.



What Steps Do I Take to Hire Of Counsel?

You would begin the process as you would for any employee. Go on a search to find someone with experience who can help you. There are many retired or partially retired attorneys out there that are ready and willing to help a new and growing law firm.

You can place an ad in your Bar newspaper, post an ad online, or just ask around. However, be sure to properly vet any person you are bringing into your practice due to liability issues.



What Liability Issues Should I Watch For When Hiring an Of Counsel?

There are many things to watch for when considering liability. Bar rules require that all persons working with the firm be listed as such on all advertising and letterhead. This includes of counsel relationships. In addition, malpractice insurers require you to report your of counsel relationship to them – especially if the of counsel will be taking cases. Finally, although they are not classified as a partner, they are still a part of the firm, so anything they do will reflect upon you as well. Due diligence is key when recruiting an of counsel.


Great! How Do I Move Ahead?

Talking to someone who has provided of counsel relationships before is helpful. Also, do your research into people you may consider for the position before offering. Ask around as well, there may be someone looking for the same thing. Bird Law Pro can help you with the of counsel search process as well. Please contact our offices should you need assistance hiring an of counsel for your firm. Bernice also provides of counsel services to family law firms in the Orlando area. Please feel free to contact Bird Law Pro for a consultation.


Find out more about what the Florida Bar says about the of counsel relationship here: https://www.floridabar.org/ethics/etfaq/


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