Could a lawyer use an 'of counsel' designation while receiving pay only for cases the lawyer worked on?

Plain-English summary

A lawyer asked to be shown as 'of counsel' to a firm. For cases merely referred to the firm, the lawyer would receive no compensation and would not supervise, monitor, or perform services. For cases in which the lawyer did supervise, monitor, or work, compensation and overhead sharing would be agreed case by case.

Based on that arrangement, the opinion concluded that showing the lawyer as 'of counsel' would not violate the Rules of Professional Conduct. The answer did not identify a numbered rule or address a different compensation arrangement.

Currency note

This 1996 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Was the proposed 'of counsel' designation permissible?

A: Yes, on the arrangement described in the opinion.

Q: Was the lawyer paid for cases only referred to the firm?

A: No. The question specified no compensation or services for those referrals.

Q: When would the lawyer receive compensation?

A: On cases where the lawyer supervised, monitored, or performed work, with compensation and overhead shared as agreed for each case.

Background and rules framework

The opinion considered the designation in light of the described division between unworked referrals and matters involving the lawyer's own services. It identified no rule number and did not state a broader test for all 'of counsel' relationships.

See also

• Missouri Informal Op. 2020-11: Of counsel elements
• Missouri Informal Op. 2020-12: Of counsel fee division

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960072/

Original opinion text

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

QUESTION: Would it be permissible for Attorney to use the term “of counsel” to indicate Attorney´s relationship with the firm if (1) Attorney receives no compensation on cases which Attorney refers to the firm but does not supervise, monitor or perform services and (2) on cases on which Attorney is active supervising, monitoring or performing work, Attorney would receive compensation and share overhead as mutually agreed on a case by case basis? ANSWER: Based upon the arrangement Attorney has described, it would not violate the Rules of Professional Conduct for Attorney to be shown as “of counsel” to the firm.