The answer is no. At one time, the designation “of counsel” required a past association with a law firm. Traditionally, partners who were retiring but wanted to keep their hand in the practice of law or a law firm that wanted a former partner’s name to be prominent on the letterhead, often utilized the of counsel designation. The old disciplinary rules that were in effect until 1987 specifically noted that the lawyer who was designated of counsel had to have a past relationship with the firm. That requirement was removed from the current Pennsylvania Rules of Professional Conduct.
At least in Pennsylvania there is no restriction on the use of “of counsel” or requirement of past association. The lawyer can be of counsel to a firm even though there’s never been any prior relationship as long as the lawyer and the firm agree to the of counsel relationship. Once there is an agreement it can be so designated on the letterhead.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
