This book provides guidance, forms, and advice for those wishing to establish an “Of Counsel” relationship. Revised over the years to keep pace with developments in the law, and the increased and varied use of the “Of Counsel” designation in the profession, each edition has had an increasing emphasis on the importance of managing conflicts of interest, professional liability, and preparing a well-drafted Of Counsel Agreement. This edition of the Of Counsel book, first authored by Harold G. Wren and Beverly J. Glasscock and published in 1991, reflects some changes to the Model Rules of Professional Conduct adopted since the Fourth Edition was published in 2013, as well as some changes and additions aimed at providing those considering an “Of Counsel” relationship with all of the tools necessary to successfully navigate the process. Among the forms and checklists provided are Term Sheets for use in negotiating specific “Of Counsel” arrangements, a Conflicts of Interest and Risk Management Questionnaire, Top Ten Tips for Staying Out of Trouble in an “Of Counsel” Arrangement, and sample agreements for a variety of arrangements properly classified as “Of Counsel.” Finally, this edition has been reorganized so that each chapter is a self-contained module on the subjects covered, including copies of applicable rules and opinions, for increased ease of reference by the practitioner.
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