There is a rise in alternatives to partnership in the UK legal market. Colette Llewellyn takes a closer look at what it means to be 'of counsel'

In recent years, as part of a strategy to attract and retain the best lawyers, law firms have been developing more formalised career structures. These new structures offer clearer staging posts as lawyers progress through their careers either to partner, or in many law firms, to new roles which offer a genuine alternative to partnership. As part of this, the role of 'of counsel' has become increasingly common in the UK legal market.

At heart, the 'of counsel' position is designed to recognise and reward lawyers who make key contributions to law firms and are able to assume extra responsibilities and develop new skills of practice management traditionally reserved for partners. It is typically a rank above 'senior associate', and a notch below 'partner'. In some firms it is an alternative to partnership, in others it is a stepping stone to it. At Lovells, the role is used as both. Of 18 new partners promoted in May 2008, eight of these occupied the role of of counsel immediately prior to promotion; in 2007, this figure was seven out of 31 partner promotions.

Whether conduits to partnership, or roles in their own right, alternative career paths allow lawyers to further develop certain key skills, such as management or marketing. Of counsel typically retain some, if not all, of their previous fee earning or professional support lawyer (PSL) duties in their new role. In addition, they are encouraged to assume certain extra responsibilities which reflect their change of status. These are typically related to business development, management of associates, financial management or recruitment. One of the great strengths of the role is that it can be adapted to suit an individual's skills, or to meet a practice's particular requirements.

Challenges

For those who are successfully promoted to of counsel, several challenges await. As the position is still relatively new in the UK, perhaps the biggest obstacle initially is demystifying the role to ensure it is understood both internally and externally. To compound the issue, a number of different titles are currently in use to describe the same or similar roles, such as 'counsel', 'global counsel' and 'legal director'. Combined, these factors mean that in practice the role is often more easily understood by describing an individual's particular responsibilities. This helps to ensure all parties have a clear understanding of the capabilities and expectations of the of counsel. At Lovells, of counsel are encouraged to set individual objectives to assist this process.

A further challenge involves disclosure of information. Traditionally, certain management data has only been available to partners. However, partners are beginning to realise that there is an appetite among senior lawyers
to achieve a greater understanding of the firm's business and management policies to enable them to contribute to its strategic development and success. Increasingly, key management information is being made routinely available to of counsel. This open, flexible approach is clearly crucial if alternative career paths are going to succeed in the long term.

Firm support

It is also important that firms ensure that those occupying the new roles have access to appropriate development programmes. At Lovells we have found that bringing the various of counsel together with their peers provides them with an invaluable opportunity to develop skills and share experiences. This, in turn, leads to better definition of their new roles.

We held our first ever worldwide Of Counsel Conference in June 2008, which was attended by 45 individuals promoted to of counsel in 2007. The event enabled lawyers to network with each other, meet a wide range of partners and business support directors, and to consider the way in which alternative career paths will develop in the future.

The main themes that emerged during the event were the importance of taking responsibility for the development of their own positions going forward and the role of cross-selling throughout the firm. The conference will now become an annual event, rolled out to newly-
promoted of counsel after the May promotion round.

It is still early days for partnership alternatives, and firms need to work closely with their of counsel to better understand how to support them and develop the position most effectively for future generations. However, with the traditional route to partnership becoming increasingly difficult, the indications are that alternative career paths are becoming an important tool for nurturing talent at a crucial stage in a lawyer's career.

Colette Llewellyn is a people development adviser at Lovells.