Can a part-time, hourly-paid lawyer be described as 'of counsel' to a law firm?
Apply this to your situation
This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked whether "of counsel" was an appropriate term to describe a part-time practice with a law firm. The lawyer was also a state legislator and an adjunct law professor, and was compensated by the firm on an hourly basis with prorated vacation and sick leave benefits.
The committee was of the opinion that, pursuant to Formal Opinion 178, "of counsel" would be an appropriate term to describe the lawyer's relationship with the law firm.
Currency note
This opinion was issued in 1992, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a part-time lawyer who is paid hourly be called "of counsel" to a firm?
A: The committee was of the opinion that, pursuant to Formal Opinion 178, "of counsel" would be an appropriate term to describe such a relationship.
Q: Did the lawyer's outside roles change the answer?
A: The committee noted the lawyer's roles as a state legislator and adjunct professor and the hourly, benefit-prorated compensation, and still concluded "of counsel" was appropriate under Formal Opinion 178.
Background and rules framework
The opinion addressed the "of counsel" designation, a firm-name and letterhead question governed in Washington by the firm-name rule and, more generally, by the rule against false or misleading communications (corresponding to ABA Model Rules 7.5 and 7.1). The committee resolved the question by applying WSBA Formal Opinion 178, which sets out when "of counsel" accurately describes a lawyer's relationship with a firm.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.5 (firm names and letterheads; "of counsel" designations) and ABA Model Rule 7.1 (communications about a lawyer's services)
- Washington RPC 7.1 (firm names and letterhead, as numbered before the 2006 revisions)
Other opinions cited:
- WSBA Formal Opinion 178: when "of counsel" accurately describes a lawyer's relationship with a firm.
See also
- ABA Formal Op. 90-357: The 'Of Counsel' Designation
- CA Op. 1986-88: One Law Firm 'Of Counsel' to Another
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=534
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1454
Year Issued: 1992
RPC(s): Formal Opinion 178
Subject: Use of "of counsel"
The Committee reviewed your inquiry concerning the use of the term "of counsel" to describe the particular circumstances of your part-time practice with a law firm. [The lawyer was also a state legislator and adjunct law professor, and was compensated by the law firm on an hourly basis with prorated vacation and sick leave benefits.] The Committee was of the opinion that, pursuant to Formal Opinion 178, "of counsel" would be an appropriate term to describe your relationship with the law firm.
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