What elements make a Missouri lawyer's relationship with a firm an accurate of-counsel relationship?

Plain-English summary

A retiring lawyer who keeps an active Missouri license may be designated of counsel when the relationship with the firm is close, regular, and personal and the lawyer is not a partner, associate, or shareholder.

The designation is inaccurate for an arrangement limited to forwarding or receiving business, one case, occasional collaboration, or outside consulting. Rule 4-7.1 also requires disclosure wherever the lawyer and firm hold themselves out publicly.

The lawyer must maintain an active license. Rule 4-1.10 treats the lawyer as associated with the firm, producing mutual imputation of conflicts.

In practice

Under this opinion, of counsel describes a continuing professional association with public-disclosure and firmwide conflict consequences, not a label for isolated or referral work.

Common questions

Q: How close must the relationship be?

A: The opinion requires it to be close, regular, and personal.

Q: Does one-case or occasional work qualify?

A: No. The opinion excludes a single case, occasional collaboration, referrals, and outside consulting.

Q: Must the lawyer keep an active license?

A: Yes.

Q: Are conflicts shared with the firm?

A: Yes. Rule 4-1.10 mutually imputes conflicts through the association.

Background and rules framework

Rule 4-7.1 governs accurate public description, Rule 4-1.0(c) defines a firm, and Rule 4-1.10 supplies mutual conflict imputation.

Citations and references

Rules of Professional Conduct:

• Missouri Rules 4-1.0(c), 4-1.10, and 4-7.1
• Missouri Rule 4-1.0 Comment [2]

Other opinions cited:

• Missouri Informal Opinions 980143 and 2019-07

See also

• Virginia LEO 1866: Of-Counsel Relationships and Conflicts
• Ohio Opinion 2008-001: Of-Counsel Relationship Implications
• North Carolina RPC 85: Of-Counsel Relationships

Source

• Landing page: Missouri Informal Opinion 2020-11

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney is retiring from the full-time practice of law, will maintain an active Missouri law license, and is considering associating with a firm Of Counsel. What are the elements of an Of Counsel relationship between Attorney and the firm?

ANSWER: Attorney’s association with the firm is accurately characterized as an Of Counsel relationship if Attorney’s relationship with the firm is close, regular, and personal; Attorney is not a partner, associate, or shareholder in the firm; Attorney’s involvement with the firm is not limited to forwarding or receiving business, acting in only a single case, providing only occasional collaboration, or acting as an outside consultant; and Attorney’s Of Counsel relationship with the firm is disclosed in all materials in which the firm and Attorney hold themselves out to the public. Rule 4–7.1; Informal Opinion 980143. Attorney must maintain an active license to practice law. In an Of Counsel relationship, Attorney is associated with the firm for purposes of mutual imputation of conflicts of interest per Rule 4–1.10. Informal Opinion 2019–07; see Rule 4–1.0(c) (defining “firm” or “law firm”); see also Rule 4–1.0, Comment [2].