Can I have an “of counsel” arrangement with a lawyer when we are both licensed in different states and have our offices in our respective states?
The designation “of counsel” does not mean what it used to. Under the old disciplinary rules, which were abolished in 1988, to use the term of counsel one had to have a prior relationship with the law firm. In other words, pre-1988, one had to work for or been a partner or an associate with the law firm at one point if they wanted to have an of counsel designation. The current Rules of Professional Conduct that came into effect in 1988 and continue to be in effect—with a number of revisions over the years—abolished that particular requirement. It doesn’t exist anymore.
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