What Is of Counsel at a Law Firm?

Whether you’re the victim of a recent personal injury or are dealing with some other sort of legal troubles, understanding more about the legal professionals who may have a hand in working your case can be incredibly helpful. Most cases involve a number of different legal professionals, and while most people are already familiar with the idea of partners and associates, many are still left wondering what an ‘of counsel’ lawyer is at a law firm.

Just like partners and associates, ‘of counsel’ lawyers also play a significant role in helping their law firm’s clients win their cases. The main difference is in the type of role these lawyers fill at their law firms, so just what is an ‘of counsel’ lawyer at a law firm, how do they differ from partners and associates, and how might their involvement affect your case?

What Does Counsel Mean in a Law Firm?

Counsel, or ‘of counsel’, is a title given to a lawyer who is associated with or works for a law firm but is not considered a partner or associate. These lawyers often have close working relationships with the partners and associates at their law firms but have different responsibilities and often act as advisors with specific expertise that allows them to fill in the knowledge gaps left open by other lawyers at the law firm.

Typical ‘of counsel’ Relationships at a Law Firm

The definition of the term “of counsel” can be different depending on the location of the law firm. While the American Bar Association (ABA) does offer a strict definition, this definition is not enforceable by any laws. 

For example, while some states may have laws on the books that use definitions that are similar or exactly the same as the one that the ABA proposes, other states leave this title purposely ambiguous and up to interpretation. This allows law firms in these states more flexibility with who they hire and why. 

Regardless of what state you live in, ‘of counsel’ lawyers tend to fall into one of four categories. The first is simply a lawyer who works part-time for a law firm, often performing different tasks than the other lawyers at the firm. 

Another category for ‘of counsel’ lawyer is someone who is in line to be a partner but does not yet have the title. Along the same lines, retired partners who no longer practice law at the firm can also be considered “’of counsel’” and can occasionally be called upon to offer their opinions or advice. 

The last category of ‘of counsel’ lawyer is a lawyer who is somewhere in between partner and associate. These lawyers currently work at the firm but are not in line to be partners even though they are still full-time members of the firm’s legal team.

a closeup of a handshake between a lawyer and their client

What’s the Difference Between ‘of counsel’, Partner, and Associate?

As you now know, ‘of counsel’ lawyers often lie somewhere in between being a partner and an associate, but this is only helpful if you have a good understanding of what partners and associates are. 

Law firms typically operate within a hierarchical structure, with partners at the top and associates at the bottom. Associates are generally just lawyers that the law firm employs to help prepare cases and complete a variety of other legal tasks. They operate under the guidance of a law firm’s partners and could eventually become partners down the line. 

Partners, on the other hand, either own or partially own their law firms. They have significant financial stakes in the firm, and while they do often work the cases that their firm takes on, they are much more concerned with the bigger picture and are in charge of making strategic decisions that will affect the firm’s success long into the future. 

This leaves the ‘of counsel’ lawyer… ‘of counsel’ lawyers tend to have much more seniority and experience than associates but lack the decision-making authority or financial stakes that partners have.

How ‘of counsel’ Lawyers May Affect Your Personal Injury Case

Now you know more about what ‘of counsel’ lawyers are and the main differences between them and partners and associates, you may be wondering just how an ‘of counsel’ lawyer may affect your personal injury case

The good news is that having an ‘of counsel’ lawyer as part of the legal team working your case is almost always a good thing. Their specialized expertise and negotiation skills can be incredibly helpful, giving you a better chance of achieving your settlement goals. 

The only real downside here is that having an extra member of the legal team working on your case can add to the cost of legal representation. ‘of counsel’ lawyers are, of course, paid employees, and their presence will increase the number of man-hours spent on your case.

a scale of justice and gavel sitting on a desk at a law firm

Contact HoeyLegal Today

Are you the recent victim of a personal injury? Are you looking for a law firm that you can trust to get you the fair and just compensation that you deserve? Give HoeyLegal a call. 

Here at HoeyLegal, we’re proud to be Chester County’s leading personal injury law firm. From car accidents and slips and falls to medical malpractice, nursing home negligence, and more, our team has the proven experience and legal expertise needed to win your case. 

Dealing with a personal injury can be incredibly stressful, and we believe that no one should have to go through such hard times alone. All you have to do is call, and we’ll offer you a free legal consultation so that we can get to know you and your case and you can get all the information you need to move forward with your case. 

Our team is always available to answer your questions and will happily tell you more about how we can help you get compensation for your losses, so don’t settle for anything less than you deserve. Call HoeyLegal and take the first step toward winning your personal injury case today!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.