General Practice, Solo & Small Firm DivisionSolo Newsletter

Book Review:
All About Of Counsel

Training associates can be a big time and money drain, and a huge financial commitment. Increasingly in recent years, small firms and solo lawyers have come to discover that an "of counsel" relationship with a seasoned lawyer may be a better option. Formerly reserved for retired partners, the of counsel moniker now belongs to probationary partners, part-time lawyers, non-equity lawyers, and a host of others.

If you are confused about what "of counsel" means and whether you want to have one, or be one, check out this book. The Of Counsel Agreement, Second Edition, explains the legal and ethical concerns surrounding this ancient but evolving employment relationship, so you can determine whether it is right for you. It contains updated and expanded information on the duties and responsibilities of an of counsel, and recent case law, and it explains how to formalize the relationship in writing. The book includes:

  • an analysis of the advantages and disadvantages of the four principal types of of counsel arrangements;
  • a discussion of proper and improper uses of the designation;
  • the law regarding of counsel, particularly ABA Formal Opinion 90-357;
  • essential terms that must be included in a written agreement;
  • duties and responsibilities that should be delineated in a written agreement;
  • sample agreements, clauses, and language.
A WordPerfect 6.0 for PC disk included with the book also contains:
  • three Independent Contractor/Partnership agreements;
  • an Employee/Partnership Employer agreement;
  • an Independent Contractor/Professional Service Corporation agreement and two letter agreements.

The Of Counsel Agreement, Second Edition, $84.95, is available through the ABA Service Center. To order, call 800/285-2221, or use the online order form at htps://www.abanet.org/store/secorder.html. Ask for product code 5460030.

 

 

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