QUESTION: Attorney is retiring from the full-time practice of law, will maintain an active Missouri law license, and is considering associating with a firm Of Counsel. What are the elements of an Of Counsel relationship between Attorney and the firm?

ANSWER: Attorney’s association with the firm is accurately characterized as an Of Counsel relationship if Attorney’s relationship with the firm is close, regular, and personal; Attorney is not a partner, associate, or shareholder in the firm; Attorney’s involvement with the firm is not limited to forwarding or receiving business, acting in only a single case, providing only occasional collaboration, or acting as an outside consultant; and Attorney’s Of Counsel relationship with the firm is disclosed in all materials in which the firm and Attorney hold themselves out to the public. Rule 4-7.1; Informal Opinion 980143. Attorney must maintain an active license to practice law. In an Of Counsel relationship, Attorney is associated with the firm for purposes of mutual imputation of conflicts of interest per Rule 4-1.10. Informal Opinion 2019-07; see Rule 4-1.0(c) (defining “firm” or “law firm”); see also Rule 4-1.0, Comment [2].

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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