Of counsel is, in the legal profession of the United States, often the title of an attorney who has a relationship with a law firm or an organization, but is not an associate or a partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept. According to American Bar Association Formal Opinion 90-357, the term "of counsel" is to describe a "close, personal, continuous, and regular relationship" between the firm and counsel lawyer. In large law firms, the title generally denotes a lawyer with the experience of a partner, but who does not carry the same workload or business development responsibility.
Formal Opinion 90-357 of the American Bar Association provides four acceptable definitions of the term:
The title may be used by lawyers in a number of situations, including:
Some firms also use the term to refer to attorneys hired on a temporary basis to assist with a particular case. However, because "of counsel" describes "a close, regular, personal relationship", temporary lawyers used by law firms to engage in document reviews for a specific project or for limited duration are not "of counsel".
The average annual base salary for Of Counsel in the United States has been listed at US$216,019 (with salary varying depending on size/reputation of the firm, location of the firm, and the attorney’s years of experience). At highly prestigious law firms, an "of counsel" may make as much as US$375,000 per year.